C.8
Introduction to Criminal Law
Crimes of Omission
Preliminary Crimes
Warm up for 11.14.13
 1. What is a guilty state of mind, according to criminal law?
 2. How is motive different from a guilty state of mind?
 3. What does a strict liability criminal case not require when
prosecuting the defendant?
 4. What are the 3 elements of a crime that must be proven to
find a defendant guilty?
Introduction to Criminal Law
 Almost all crimes require an act, accompanied by a guilty state
of mind. A guilty state of mind means the prohibited act was
done intentionally, knowingly, or willfully.
 Can you think of a situation where a person would be guilty of a
wrong (tort) but not a crime b/c there was no guilty state of
mind?
 Motive is different from guilty state of mind. Motive is the
reason for performing the act. The motive is the reason you kill
someone.
 Let us put Robin hood on trial. He is guilty of stealing b/c he had
a guilty state of mind b/c he intentionally, knowingly, and
willfully stole from the rich but his motive was good.
Strict Liability
 These cases do not require a guilty state of mind b/c the act
itself is criminal.
 For example, the law makes it a strict liability to serve alcohol to
minors whether you knew the individual was minor or not.
 Most states leave strict liability cases to ones that do not carry
severe penalties
 Examples of strict liability in NC:
 Rape
 Possession of a firearm at school
 Possession of a “weapon of mass destruction”
 “Open Container Laws”
The elements of a crime
 For the prosecutor in a criminal case must prove
 1. the defendant is “guilty w/o a reasonable doubt
 2. had a guilty state of mind
 3. every element of the crime was committed.
 For example, robbery is defined as the unlawful taking of
goods or money from someone’s person by force or
intimidation.
 So a robbery has 3 elements to be proven by the prosecution
Problem 8.1 on page 101
Civil and Criminal
 You can be charged with a crime and accused of a tort from
the same act.
 You commit arson and then the plaintiff wants to recover
damages due to the loss you have created.
Classes of Crimes
Felonies- serious crimes where you have the potential to go to
jail for more than one year.
Misdemeanors-less serious crimes that are punished with one
year or less in prison
Traffic violations are neither misdemeanors or felonies
Parties to Crimes
 Principal- the person who is accused of committing the crime.
 For example, the person who fires a gun in a murder case
 Accomplice- someone who helps the principal commit the
crime.
 For example, the getaway car driver
 Accessory before the act-a person who orders the act of
crime but who is not at the scene of the actual crime.
 For example: the mob leader who orders the crime they can be
given the same punishment as the principal.
Parties to crime continued…
 Accessory after the fact- this person helps the principal
or accomplice avoid capture.
 They can be charged with harboring a fugitive, aiding escape,
or obstructing justice.
Crimes of Omission
 A crime of omission is one where the person fails to
perform an act required by a criminal law if he or she is
physically able to perform the required act.
 For example, if you leave the scene of an accident or fail to
file your tax returns.
Preliminary Crimes
 Behavior that takes place before
the commission of a crime
 Considered a separate crime
 Punishable even if the intended
crime is never committed
 Also known as “inchoate”
offenses
 You can be guilty of
conspiracy to commit a
crime. Think two robbers
conspiring to rob the bank.
Even if they don’t go with
it, it’s a crime to plan it.
Solicitation
 Asking another person to
commit a crime
 Danny asks John to kill his
wife. Even if the murder
does not take place
 Punishable by 2 classes lower
than the crime
Attempt
 Accused must have intent
to commit a crime and
made “substantial steps”
toward committing the
crime
 Bought a gun to commit a
murder, but is arrested on
the way to the crime
 Punishable one class lower
Conspiracy
 Conspiracy is an agreement b/w two or more persons to
commit a crime.
 This is an attempt to prevent crime
 Think al-Qaeda and 911 attacks. The gov’t aggressively went
after anyone who was involved in the attack.
 In most states and the federal gov’t an overt act, or act open
to view, must be shown to receive a conviction of
conspiracy.
Homework: Due 11.15.13
 bring in an article concerning an incident that might result in
a trial. In class, discuss we will why the disputes arose.
Identify a possible way to settle the cases out of court.
 If the parties go to court, what would they hope to
accomplish?
 From this you will write your opening statements