Chapter 8
Introduction to Criminal Law
• Almost all crimes require an illegal act
accompanied by a guilty state of mind
• A guilty state of mind means that the
prohibited act was done intentionally,
knowingly, or willfully
• Carelessness – not considered a guilty state of
mind
• Ex: If Meredith accidently forgot to turn off the
stove before leaving for work and her
apartment burnt down, she would not be guilty
of arson. She committed the act but did NOT
have a guilty state of mind
State of mind vs. Motive
• State of mind refers to the level of awareness
a person has when committing an act
• Motive is the person’s reason for performing
the act
• A few crimes are strict liability offenses –
these crimes do NOT require a guilty state of
mind
• The act itself is criminal, regardless of the
knowledge or intent of the person committing
it
• Ex: selling alcohol to a minor is a crime
regardless of whether the seller knew the
buyer was underage
• Often applies to less serious offenses: parking
violations
• Every crime is define by certain elements
• Elements must be proven at trial in order to
convict the offender
• Prosecutor must prove any required guilty
mental state and must prove beyond a
reasonable doubt that all of the elements of
the crime were committed
• Example: Robbery is defined as the unlawful
taking and carrying away of goods or money
someone’s person by force or intimidation
• The elements of robbery are (1) the taking and
carrying away of goods or money, (2) the
taking from someone’s person, and (3) the use
of force or intimidation
• If someone breaks into your house when
you’re not home – NOT robbery but burglary
State and Federal Crimes
• Criminal laws exist at state and federal levels
• Some acts (disorderly conduct, drunk driving,
shop lifting) can only be prosecuted in a state
court unless they occur on federal property
• Failure to pay federal taxes, mail fraud,
espionage, international smuggling – federal
court
• Illegal possession of drugs and bank robbery –
violate state and federal law and can be
prosecuted in both courts
Felonies vs. Misdemeanors
• Felony - any crime for which the potential
penalty is imprisonment for more than one
year; usually more serious crimes
– Murder, rape, arson, treason, kidnapping
• Misdemeanor - any crime for which the
potential penalty is imprisonment for one year
or less
– Petty theft, public intoxication, trespassing,
vandalism
Parties to Crimes
• Principal - person who commits the crime
• Accomplice - someone who helps the principal
commit a crime
• Accomplices may be charged with and
convicted of the same crime as the principal
Parties to Crime….
• Accessory before the fact - A person who
orders a crime or helps the principal commit
the crime but who is not present during the
crime
• Accessory after the fact - person who,
knowing a crime has been committed helps
the principal or an accomplice avoid capture
of helps them escape
– Charged with harboring a fugitive, aiding the
escape, or obstructing justice
Problem 8.2 – Page 103
• Carl – helps Harold and Marci; employee of
Superior Jewelers
• Marci – drives a van, acts as lookout
• Harold – cracks the safe
• Shawn – knows what Harold did, helped
Harold escape
• David – knows Marci and Harold, witnessed
the crime happening
Crimes of Omission
• In some cases, failing to act may be a crime if
the person had a legal duty to act
• A person is guilty of a crime of omission when
he or she fails to perform an act required by a
criminal law
• Ex: taxpayer failing to file a tax return or a
motorist failing to stop after being involved in
an automobile accident
Preliminary Crimes
• Certain types of behavior take place before or
in preparation for committing a crime
• Attempt, solicitation, and conspiracy
• Sometimes called inchoate crimes - require
proof of criminal intent but can be punished
even if the harm intended never occurred
• Ex: 2 people agree on robbing a bank
Solicitation
• Crime for a person to solicit – ask, command,
urge, advise – another person to commit a
crime
• The offense is committed at the time the
solicitation is made but does NOT require that
the person solicited actually commit the
crime
Attempt
• An attempt to commit a crime is a crime itself
• When someone performs all the elements of a
crime but fails to achieve the criminal result,
an attempt has occurred
• Attempted murder – when a person intends to
shoot and kill someone but misses or just
wounds the intended victim
Conspiracy
• Conspiracy - an agreement between two or
more persons to commit a crime coupled with
an intent to commit the crime and some
action/conduct that furthers the agreement
• Allows police to arrest conspirators before
they complete the crime and also meant to
prevent other crimes and to strike against
criminal activity by groups
Conspiracy…
• Ex: Conspiracy occurs when Nick, a drug
dealer, persuades Lyle, his associate, to help
him kill another rival dealer. If Lyle agrees to
Nick’s request and then takes steps toward
committing the crime, such as buying a gun,
both Nick and Lyle are guilty of conspiracy of
murder, even if the murder is never attempted
or accomplished
Conspiracy…
• Many states and federal laws an overt act is
required for conviction of conspiracy
• Overt act – an act that is open to view