By. Janine Hepler

-Lawrence M. Friedman

What classifies an act as a crime?Parts of a Crime:

ACT + GUILTY STATE OF MIND = CRIME

Guilty State of MindCarrying out a prohibited act knowingly,

intentionally, or willfully

An example…CRIME (Arson) NON-CRIMEPouring gasoline on the

floor of your apartment, striking a match, & allowing the building to catch fire (ACT)

+Planning & intentionally

setting the fire to your apartment in order to burn down the complex (GUILTY STATE OF MIND)

Accidentally forgetting to turn off your stove before leaving for work causing your apartment complex to burn down (ACT)

+Because you didn’t

maliciously plan to burn down the complex, a GUILTY STATE OF MIND doesn’t exist

Guilty State of Mind OR Motive?GUILTY STATE OF

MINDMOTIVE

Deals with a person’s level of awareness of performing some act

Could have been done purposely, intentionally, recklessly, etc.

The REASON WHY a person commits an act

Could be done for revenge, to obtain money, etc.

An example…Robin Hood stole (ACT—theft)Wanted to take from the rich & give to the poor

(MOTIVE)Robin Hood intentionally took the money

(GUILTY STATE OF MIND)

Conclusion…Despite the fact that Robin Hood had a good

motive for stealing, his state of mind in committing the theft was intentional & knowing, thus he would be guilty of a crime

Strict Liability OffensesFew in #Usually limited to crimes that don’t carry

severe penalties or to crimes that are part of larger crimes

DO NOT require a guilty state of mindThe act itself is considered criminal

Regardless of intent or knowledge of person committing the act

An example…Selling alcohol to minors is a strict liability

crime, doesn’t matter whether seller knew that the customer was underage or not

No guilty state of mind is required—considered a crime regardless of knowledge/intent

Crime ConsiderationsCrimes are made up of elements (multiple

parts)In order to convict someone, Prosecutors

MUST…Prove guilt beyond a reasonable doubt that

EVERY element of the crime was committed

An example…Robbery (Defined) Elements of RobberyThe unlawful taking &

carrying away of goods or money from someone’s person by force or intimidation

1. The taking & carrying away of goods or money

2. The taking from someone’s person

3. The use of force or intimidation

Robbery or Not?Someone breaks into your house when you

are not home & takes your propertyCould this person be convicted of the crime

of robbery?—Why or Why Not?

The Answer…

NO!The person didn’t

take property from a person (no one was home)

The person didn’t use force or intimidation (no one was home)

HOWEVER…The person could be

convicted of burglary

Criminal & Civil WrongsA single act can be both a criminal & civil wrong

Example:Purposely setting fire

to another person’s store The state may file

criminal charges (arson)

The storeowner may also bring a separate civil suit to recover damages to their store

State & Federal CrimesState Crimes Federal CrimesSome acts can only be

prosecuted in State courts unless they occur on federal property—violate state law

Simple assault Disorderly conduct Drunk driving Shoplifting

Other acts can only be prosecuted in Federal court—violate federal law

Failure to pay federal taxes

Mail fraud Espionage International smuggling

Exceptions…Some crimes can violate BOTH state &

federal law Illegal possession of dangerous drugs Bank robbery

These types of crimes can be prosecuted in EITHER a state OR federal court

Classes of CrimesMisdemeanor FelonyAny crime for which the

potential penalty is imprisonment for 1 year or less

Usually less serious crimesMinor traffic violations

are NOT considered crimes—even though they are punishable by law

Any crime for which the potential penalty is imprisonment for more than 1 year

Usually more serious crimes

Parties to CrimesPrincipal: person

who commits a crime

Person who fires the gun in a murder

Accomplice: someone who helps another person commit a crime (“partner in crime”)

Person who drives the getaway car during a bank robbery

Accessories to CrimesBefore the Fact After the FactPerson who orders the

crime OR helps the principal commit the crime BUT is NOT present

Underworld leader who hires a professional killer

Usually can be charged with the same crime & receive the same punishment as the principal

Person who, knowing a crime has been committed, helps the principal or the accomplice avoid capture or escape

NOT charged with original crime but subject to a separate crime

This person may be charged with harboring a fugitive, aiding escape, or obstructing justice

Crimes of OmissionPreliminary CrimesCrimes Against the PersonCrimes Against Property

Crimes of OmissionMost crimes involve some action that violates

the lawCrimes of omission involve criminal liability

for an omission or failure to act It is a crime for taxpayers to fail to file a tax return It is a crime for a motorist to stop after an accident

A person is guilty of a crime of omission when…

He or she fails to perform an act required by criminal law if he or she is physically able to perform the required act

Preliminary CrimesTypes of behavior that

take place beforebefore the commission of a crime

Are considered crimes in themselves

Give the police the opportunity to prevent the intended crime

Each offense may be punished even if the intended never occurred

Offenses:SolicitationAttemptConspiracy

Preliminary Crimes: SolicitationSolicitationSoliciting (to ask, command, urge, or advise)

another person to commit a crime Asking someone to kill your spouse, even if this

person refuses, you have committed the crime of solicitation

Preliminary Crimes: AttemptAttemptAttempting to commit

a crime is in itself a crime

To be convicted, the accused must have both intended to commit & taken substantial steps toward committing a crime

When someone intends to shoot & kill someone but misses or merely wounds the intended victim, an attempt has occurred

To prove attempt…To prove attempt…Courts must

determine whether the actions of the accused were a substantial step toward the actual commission of the crime OR mere acts of preparation

Preliminary Crimes: ConspiracyConspiracyAn agreement b/t 2 or

more people to commit a crime

A drug dealer asking his associate to kill another dealer is guilty of conspiracy to commit murder even if the murder is never attempted or carried out

Meant to strike against criminal activity by groups & prevent other crimes

Allows police to arrest conspirators before they commit crimes

Sometimes criticized, viewed as a threat to freedom of speech & association

During Vietnam, the government charged people for trying to convince others to dodge the draft

To Prove Conspiracy…To Prove Conspiracy…In most states & in federal

law an overtovert act is required for conviction (act open to view)

In the Vietnam case, those who made public speeches at antidraft rallies were cited with an overt act