guilty state of mind

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Crime in America
JEANNETTE SENIOR HIGH SCHOOL
The Nature of Crimes
 Crime – Something one does or fails to do in violation of a law
 Crimes are behaviors for which a government has set a penalty
 Decisions as to what constitutes a crime are made by legislatures
 Goals of laws:
 Protect human rights for all
 Regulate human conduct so that people can live in harmony
The Nature of Crimes
 Crime victims are also victims of human rights violations
 People have a right to ownership of their own property
 What crime violates this human right?
 People have a right to personal security
 What crimes violate this human right?
The Nature of Crimes
 Crime rates are higher in urban areas than in
suburban or rural areas
 Youths between the ages of 15 and 24 commit more
violent crimes than any other group
 Males commit almost four times as many crimes as
females
 The victim knows the offender in half of all crimes
The Causes of Crimes
 What causes crime?
 Poverty
 Unemployment
 Lack of education
 Breakdown in morals
 Lack of parental guidance
 Abuse of drugs and alcohol
 Inadequate police protection
 Ineffective correctional system
The Causes of Crimes
 Will tougher penalties prevent crime?
 The United States has the highest incarceration rate
of any industrialized country
Criminal Law
 Almost all crimes require an act, accompanied by a guilty
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state of mind
Guilty State of Mind – The act must be done intentionally,
knowingly, or willfully
Motive – The reason the act is performed
Example – Robin Hood
Motive = Steal from the rich, give to the poor
Guilty State of Mind = Intentional stealing
Criminal Considerations
 Crimes are made up of elements
 Prosecutors must prove:
 A guilty mental state
 Every element of the crime was committed
 Example – Robbery
 Robbery is the unlawful taking and carrying away of goods
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or money from someone’s person by force or intimidation
Elements of robbery:
The taking and carrying away of goods or money
The taking from someone’s person
Use of force or intimidation
State and Federal Crimes
 State Crimes:
 Assault
 Disorderly Conduct
 Drunk Driving
 Prosecuted in state court (unless in a national park)
 Federal Crimes:
 Mail fraud
 Failure to pay federal taxes
 Acts of terrorism
Classes of Crime & Parties to Crime
 Felony = Imprisonment for more than one year
 Misdemeanor = Imprisonment less than one year
 Principal – Person who commits a crime
 Accomplice – Someone who helps another person
commit a crime
 Example – Driving the getaway car after a robbery
 Accessory before the fact – A person who helps the
principal but is not present for the crime
 Accessory after the fact – A person who, knowing a crime
has been committed, still helps the principal escape
Crimes of Omission
 Most crimes occur when a person does something or
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performs an act that violates a law
Sometimes a person may be criminally liable for failing to act
Examples of omission:
Failing to pay taxes
Child neglect
 Crime of omission – Failing to perform an act required by
criminal law
Preliminary Crimes
 Certain types of behavior take place before the commission
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of a crime but are nevertheless crimes in themselves
Solicitation – Attempting to ask or purchase goods/services
Example – Asking another person to kill someone
Attempt – Someone performs all the elements of a crime, but
fails to achieve the actual criminal results
Example – Attempted murder
Conspiracy – Agreement between two or more people to
commit a crime
Crimes Against the Person
 These crimes are serious offenses with harsh punishments
 Laws protect defendants by defining various levels of crimes
 Examples of crimes against the person:
 Homicide – The killing of another human being
 First-degree murder – Premeditated killing
 Second-degree murder – Killing with no premeditation
 Voluntary manslaughter – Killing occurs after the victim has
done something to cause a reasonable person to lose control
 Example – Catching a cheating spouse
 Involuntary manslaughter – Unintentional killing resulting
from reckless conduct (Accidental killing with a loaded gun)
Crimes Against the Person
 Assault – Attempt or threat to carry out a physical attack
 Battery – Unlawful physical contact inflicted by one person
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upon another
Aggravated battery defined by harm inflicted (simple assault)
Rape – Unlawful sexual intercourse without consent
Statutory rape – Sexual intercourse before a person has
reached the legal age of consent
Pennsylvania’s age of consent = 16
Crimes Against Property
 Property crimes include destroying or stealing property
 Arson – Willful and malicious burning of another person’s
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property
Vandalism – Willful destruction of property
Larceny – Unlawful taking of property (Grand and Petty)
Embezzlement – Taking of property by someone to whom it
was entrusted (stockbroker taking $ that should be invested)
Extortion – Use of threats to obtain the property of another
Crimes Against Property
 Crime prevention techniques:
 Security lighting
 Security cameras
 Locking doors/windows
 Home alarm systems
 Automobile alarm systems
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