Chapter 8

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Understand the concept of elements of a crime
Know the three primary culpable (guilty) states
of mind associated with most crimes
Understand the concept of a strict liability crimes
Be able to identify parties to crimes according to their role in the crime
Understand the concept of preliminary crimes and be able to identify examples

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Each crime we will study requires proof of certain elements
Elements are like ingredients in a recipe—leave one out, and the prosecution fails, just as the recipe turns out badly
Each element must be proven beyond a reasonable doubt
Example: Robbery is “1. the unlawful taking and carrying away of goods or money, 2. the taking from someone’s person 3. by force or intimidation.”
If someone breaks into your house when you are not home and takes your property, can they be convicted of robbery?

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But they can be found guilty of burglary

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Most crimes require not only proof of physical elements, but also a required
mens rea (guilty state of mind)
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Three most common states of mind:
Intentional acts—did you intend to act as you did? (does not require that you intend the result)
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Acts done knowingly
Reckless acts (more than simple carelessness)
Is motive an element of a crime?
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VIDEO Intent

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A strict liability crime is one that does not require a guilty state of mind—the physical elements alone are proof of the crime
Examples?
Very few crimes are strict liability

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There are four “roles” that a person may have in a crime:
Principal—direct actor/participant in crime
Accomplice—person who helps another commit a crime (e.g., getaway driver)
Accessory before the fact—person who plans or orders the crime but does not actually participate (e.g., mob boss who orders “hit”)
Accessory after the fact—no role in the actual crime, but aids or assists someone who was involved to avoid capture.
The first three are generally equally responsible for the crime committed
The accessory after the fact has really committed a “separate” crime

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Certain crimes are “complete” even before any direct harmful act has occurred. These are called preliminary crimes.
Solicitation—hiring or asking another to commit a crime (e.g., murder for hire)

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Attempt—requires a “substantial act” toward committing the crime (more than mere “preparation”)
Conspiracy—agreement between two or more people to commit a crime—must include an “overt act” in furtherance of the conspiracy

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Complete problem 8.3 using Think-Pair-Share
Tell me one question or curiosity you have about the subject of Chapter 8 (general nature of crime)
Turn in for a grade