Criminal
Law
Criminal Minds
• Almost all crimes require both an illegal act AND a guilty state of
mind, or mens rea
• Mens rea means that the act was done intentionally or knowingly
• In most cases, carelessness is not considered a state of mind
• e.g. If Winston accidentally left the stove on before he left for
school, and it started a fire that burned down his entire
neighborhood, he would not be guilty of arson – the
intentional burning of someone’s property
• State of mind is different from 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
• e.g. Robin Hood stole from the rich to give to the poor, but his
state of mind was intentional, so he would be guilty of a crime
Strict Liability
• A few crimes are strict liability crimes
• These crimes do NOT require mens rea – the act itself
is criminal, regardless of knowledge or intent
• e.g. selling alcohol to a minor is a strict liability crime
regardless of whether the seller knew the buyer was
underage
• Similarly, sex with an underage partner is a crime –
called statutory rape – even if the perpetrator
believes the person is not a minor
• Unless a legislator declares in a criminal law that it is a
strict liability offense, courts assume guilty intent is
required
Proving the Crime
• Every crime is defined by certain elements, each of which must be proven
at trial in order to convict the accused person
• In addition to proving the mens rea, the prosecutor must prove beyond a
reasonable doubt that each of the elements of the crime was committed
• e.g. Robbery is defined as “the taking, with the intent to steal, of the
personal property of another from his or her person or in their presence
against his or her will by violence, or intimidation”
• Therefore, the elements of robbery are:
1. Taking
2. the personal property of another;
3. from his or her person or in their presence;
4. against his or her will;
5. by violence, intimidation or the threat of force.
• If Josh breaks into P.J.’s house when he isn’t home and takes his PS4, he
can’t be convicted of robbery
• However, he CAN be found guilty of burglary – the breaking and entering
into a home with the intent to commit a felony
State and Federal Crimes
• Criminal laws exist at both the state and federal levels
• Some acts (e.g. disorderly conduct, drunk driving, and
shoplifting) can be prosecuted only in state court,
unless they occur on federal property, such as a
national park
• Other acts (e.g. failure to pay federal income taxes,
mail fraud, espionage, and international smuggling)
can be prosecuted only in federal court
• Some acts, such as bank robbery and possession of
certain drugs, can violate both state and federal laws
and be prosecuted in both state and federal courts
Classes of Crimes
• All crimes are classified as either felonies or misdemeanors
• A felony is any crime for which the potential penalty is
imprisonment for more than one year
• These generally more serious crimes
• All other crimes are misdemeanors
Parties to Crimes
• The person who commits a crime is called the principal
• e.g. the person who fires the gun in a murder
• An accomplice is someone who helps the principal commit a crime
• e.g. the person who drives the getaway car during a robbery
• An accomplice can be charged with the same crime as the principal
• A person who orders a crime or helps the principal commit the crime –
but who is not actually present during the crime – is called an
accessory before the fact
• Can usually be charged with the same crime – and receive the same
punishment as – the principal
• An accessory after the fact is a person who, knowing a crime has
been committed, helps the principal or an accomplice avoid being
captured
• This person is not charged with the original crime but can be
charged with harboring a fugitive, aiding the escape, or obstructing
justice
On your own….
Take a minute to read the following. What role
did each person play in the burglary?
Harold and Marci decide to burglarize Superior Jewelers. Their
friend Carl, and employee at Superior, helps by telling them the
location of the store vault. Marci drives a van to the store and
acts as the lookout while Harold goes inside and cracks the safe.
After Harold and Marci make their getaway, Harold meets a
friend, Shawn, who was not involved in the actual burglary.
Harold tells Shawn about the burglary, and Shawn helps Harold
get a train out of town. David, a former classmate of Harold
and Marci, witnesses the crime but does not tell the police, even
though he recognizes both Harold and Marci.
Do Now
Answer in your notebook:
Athena and Kalyn are walking down the street one day when
they see Mr. Fenton being savagely beaten by Mr. Solari.
Athena and Kalyn find this hilarious, and instead of helping
Mr. Fenton or alerting someone, they whip out their phones
to record the incident so they can post it on YouTube. Later,
they are arrested and criminally charged for failing to assist
Mr. Fenton in his time of distress. They are both convicted
and sentenced to 6 months in prison. Do you think this is
this fair? Defend your answer.
Crimes of Omission
• Most crimes occur when a person performs some act in
violation of a law
• In a few cases, however, failing to act may be a crime if the
person had a legal duty to act
• This is called a crime of omission
• e.g. not filing a tax return, failure to stop and wait for
police after being in a car accident, not feeding your child,
not reporting a crime
Preliminary Crimes
• Some acts which take place in preparation for committing a
crime are crimes in and of themselves – called inchoate crimes
• A person can be convicted of an inchoate crime even if the
intended crime was never committed – as long as the
prosecution can prove criminal intent
• e.g. In many states it is a crime to solicit (ask, command,
urge, or advise) another person to commit a crime
• The offense is committed at the time the solicitation is
made, even if the person who was solicited never actually
commits the crime
• E.g. Donald Trump wants to kill his wife Melania. He
doesn’t have guts to do it himself, so he offers to pay Jeb
Bush to kill her for him. Even if Jeb refuses, Donald has
committed the crime of solicitation.
Preliminary Crimes
• In most states, an attempt to commit a crime is itself a crime
• To be guilty of an attempted crime, the accused must have both
intended to commit a crime and taken some “substantial step”
toward committing it
• If someone performs all of the elements of a crime but fails to
achieve the criminal result, an attempt has occurred
• e.g. if a person intends to shoot and kill someone but misses or
just injures them, the shooter is guilty of attempted murder
• Sometimes the crime is foiled before all the necessary steps are
completed
• e.g. the would-be killer buys a gun in order to murder someone
but is arrested on the way to the intended victim’s house
• in this case, it’s up to the courts to decide whether this
constituted a “substantial step” toward the actual commission of
the crime or was just preparation
With your tablemate…
Take 3 minutes to examine the following situations and decide whether
any of the individuals involved would be guilty of the crime of attempt.
1. Martin, a bank teller, figures out a foolproof method of stealing money from the bank. It
takes him some time to get up the nerve to steal any money. Finally, he makes up his mind
and tells his girlfriend, Yoko, that tomorrow he will steal the money. Yoko goes to the police,
and Martin is arrested an hour later.
2. Gilbert, an accomplished thief, is caught while trying to pick Lewis’s pocket. He pleads
not guilty and says he cannot possible be convicted, because Lewis did not have a penny on
him.
3. Rita and Anwar decide to rob a liquor store. They meet at a bar and talk over their plans.
Rita leaves to buy a handgun and Anwar leaves to steal a car for use in their getaway. Rita
is arrested as she walks out of the gun shop with her new Glock. Anwar is arrested while
trying to hot-wire a car.
4. Amy decides to burn down her store to collect the insurance money. She spreads
gasoline around the building. She is arrested while leaving the store to get a book of
matches.
Conspiracy
• A conspiracy is an agreement between two or
more person to commit a crime, coupled with
an intent to commit the crime, and (in most
states) some action that furthers the
agreement
• Designating conspiracy as a crime allows police
to arrest conspirators before they complete the
crime
• It is also used to prevent other crimes and
break-up criminal groups
• e.g. the U.S. used federal conspiracy
statutes to go after people and groups that
were believed to have conspired with alQaeda in the attacks of September 11, 2001
Conspiracy
• In many states, an overt act – one that is open to view – is
required for conviction on a conspiracy charge
• The overt act must occur after the agreement but doesn’t
have to be illegal
• e.g. Suppose several people agree to rob a bank. Then one
of them buys a ski mask to be worn during the robbery.
The “overt act” requirement has now been met for all the
co-conspirators.
• What if one person involved in the conspiracy decides to back
out?
• In most states, the person who withdraws from the
planned crime must also notify police before the crime
takes place. If they don’t, they can still be prosecuted for
conspiracy.
Crimes
Against the
Person
Homicide
• The killing of one human being by another –
homicide – is the most serious of all acts
• Homicides can be either criminal or noncriminal
• Criminal homicide is committed when
1) the perpetrator intends, or plans, to kill a
person
2) a person’s reckless actions – without regard for
human life – result in the killing of another person
• Noncriminal homicide can be classified as either
“excusable” or “justifiable” and is not subject to
criminal charges
Criminal Homicide
• The most serious form of criminal homicide is
:
killing that is done with malice
• Malice:
• intending to kill or seriously harm another person OR
• acting in an extremely reckless manner that shows a
lack of regard for human life
• First degree murder is the act of killing that is
premeditated (thought about beforehand), deliberate,
and done with malice
• Courts have found that premeditation and
deliberation can occur very close to the time of the
homicide (in some states, it’s a few minutes)
Felony Murder
• Felony murder is any killing that takes place
during the commission of certain felonies such as
arson, rape, robbery, or burglary
• The prosecution doesn’t have to prove intent –
malice is presumed because the homicide
occurred during the felony, even if it was
accidental
• Most states classify felony
murder as first degree
murder, regardless of whether
there was malice,
premeditation, or deliberation
Do Now
Answer the following in your notebook:
Three students – Allanah, Josiah, and Anissa – hate their school, BASIS Mesa. On
Monday, they discuss a plan to burn the school down. (Assume that if the plan is
successful, this would constitute the crime of arson). On Tuesday, the three
students purchase kerosene and matches from Walmart. On Wednesday, they
load the kerosene and matches into Josiah’s car and drive together to school.
They carry the kerosene and matches towards the school, pour kerosene near the
school and light a match. A police officer notices them and arrests them before
they can set the kerosene ablaze.
a. At what point, if any, are Allanah, Josiah, and Anissa guilty of the crime of
conspiracy?
b. At what point, if any, are Allanah, Josiah, and Anissa guilty of the crime of
attempted arson?
c. Assume that Allanah changes her mind and decides not to participate in the
arson after she goes to the hardware store with Josiah and Anissa to purchase the
kerosene and matches. Could she be charged with any crime? If so, what crime?
Conspiracy Elements:
Attempt Elements:
1) Agreement between 2+
2) Intent
3) Overt act that furthers
the agreement
1) Intent
2) “Substantial step”
“Heat of Passion” Killings
• Second-degree murder is killing that is done with malice, but
without premeditation or deliberation – i.e. the intent to kill did not
exist until the moment of the murder
• Includes intentional but spontaneous killings that are unplanned
• Voluntary manslaughter is a killing that would otherwise be seen as
murder but that occurs after the victim has done something to the
killer that would cause a reasonable person to lose self-control
• Words alone can’t reduce the crime from murder to manslaughter –
there has to be some provocative act by the victim
• e.g. in a jealous rage, a woman shoots her husband after
catching him cheating
• The killing has to occur immediately after the provocation so that
there is no opportunity for the killer to “cool down” – otherwise, it’s
murder
• Voluntary manslaughter is punished slightly less severely than
murder
Accidental Killings
• Involuntary manslaughter is an
unintentional killing resulting from reckless
conduct that causes extreme danger of death
or bodily injury
• e.g. playing around with a gun that you know is loaded
• Negligent homicide means causing death through criminal
negligence
• Negligence is the failure to exercise a reasonable or ordinary
amount of care in a situation, thereby causing harm to someone
• Some states classify death by extreme (sometimes called gross)
negligence as involuntary manslaughter
• The most common form of negligent homicide is vehicular homicide
• A death resulting from careless driving may lead to a civil suit but
usually won’t be a criminal offense unless there was gross negligence
• e.g. extreme speeding, driving drunk
Noncriminal Homicide
• Some homicides are not considered crimes at all
• Noncriminal homicide is killing that is justifiable or
excusable, for example:
• killing an enemy soldier in
wartime
• killing a condemned criminal by
an executioner
• killing by a police officer of a
person who is committing a
serious crime and who poses a
threat of death or serious harm
• Killing someone in self-defense
or in defense of another person
Suicide
• Suicide – the intentional taking of one’s own life – used to be
considered a crime
• Today, courts usually treat attempted suicide as a plea for help,
requiring the person who attempted it to undergo a
psychological examination and receive treatment, e.g.
counseling
• Someone who helps another person commit suicide can,
however, be found guilty of murder or manslaughter
• A suicide occurs in the United States every 15 minutes, and in
a typical year there are more suicides than homicides in this
country
• Suicide is the second leading cause of death among people
aged 12-17 (after accidents)
Kidnapping
• Kidnapping – also called
unlawful imprisonment or
abduction – means taking a
person away against his/her will
• It originally referred to stealing
children for use as servants or
workers, but now applies to
victims of all ages
• When a victim is taken across
state lines, the perpetrator has
committed a federal crime
Do Now
Answer in your notebook!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Henry, age 75, has been suffering from cancer for 10 years. The pain
associated with the cancer is severe and has become worse over
time. Henry’s doctors say there is no treatment to either slow down
the cancer’s growth or substantially reduce the pain. Henry asks
Martha, his wife of 50 years, to relieve him of the terrible pain. He
asks her to buy him some pills that would help him end his own life.
Martha, who cannot stand watching Henry suffer anymore, gets him
the pills. He swallows them all, slowly fades off to sleep, and dies.
1. Do you believe that what Martha did was morally wrong? Explain.
2. Do you think that what Martha did should be a crime? If so, what
should the punishment be? Explain.
Assault and Battery
• Historically, assault was any attempt
or threat to carry out a physical attack
upon another person
• Battery is any unlawful physical
contact inflicted by one person upon
another person without consent
• Today, in most jurisdictions, there is no
distinction between assault and battery
• Actual injury is not necessary – the
perpetrator must only have intended
to do bodily harm
• Most states now have separate statutes
for assault with intent to rob and
assault with intent to murder
Stalking
• Stalking occurs when a person
repeatedly follows or harasses
another person and makes threats,
causing the victim to fear death or
bodily injury
• Women are the targets of most
stalking cases
• All states have laws that criminalize
stalking
• Many states also criminalize
harassment using electronic
communications (sometimes called
cyberstalking)
Sexual Assault
• Sexual assault is a specific kind of assault that can
include rape or attempted rape
• Sexual assault includes a wide range of offenses
ranging from verbal threats of a sexual nature to
unwanted sexual contact
• Sexual assaulted can be either completed or
attempted
• Contact without consent may or may not involve force
• Both men and women are capable of committing and
being victims of sexual assault
Rape
• Rape is sexual intercourse without consent
• There is no consent if the victim is unconscious or mentally
incompetent or if the victim’s judgment is impaired by
drugs or alcohol
• Aggravated rape occurs when the perpetrator uses a
weapon or some other form of force to compel the victim to
have sex
• Statutory rape is intercourse with someone under the legal
age of consent – which varies from state to state
• Unlike “regular rape,” statutory rape does not require lack of
consent
• The law presumes that a minor cannot give consent to sex
Rape
• In the past, defendants in rape cases were allowed to present
evidence to the jury about the victim’s past sexual behavior in
order to suggest that s/he had probably consented
• Congress and most states have now passed “rape shield”
laws, which ban such evidence
• To convict a person of rape, some states require other proof
that the act took place, e.g. confirmation of the victim’s
testimony, a doctor’s report, or a prompt report to the police
• In recent years, the term acquaintance rape (also known as
date rape) has been used to describe a rape by someone
known to the victim.
• Many victims of date rape do not report it
Property Crimes
Arson
• Arson is the willful and malicious burning of a person’s
property
• Burning property with the intent to defraud an
insurance company is usually a separate crime
• Arson has a history as a tool of racial violence
• To help federal prosecutors deal
with racially motivated church
arsons, Congress passed the
Church Arson Prevention Act
of 1996, which increases penalties
for race-related arson
Vandalism
• Vandalism is the willful destruction of, or damage to,
someone else’s property
• Vandalism is responsible for millions of dollars in
damage each year
• The most common type of
vandalism is graffiti
• Depending on the extent
of the damage, vandalism
can be either a felony
or a misdemeanor
Larceny
• Larceny is the unlawful taking and
carrying away of the property of another
person against his/her will with the intent
to permanently deprive the owner of it
• In most states, larceny is divided into two classes – grand
and petty – depending on the value of the stolen item
• In Arizona, larceny is divided into 6 classes
• The lowest, class 1, is theft of property worth less than
$1,000, and is a misdemeanor
• The highest, class 2, is theft of property worth over
$25,000, and is punishable by up to 12.5 years in
prison
Warm up
Answer in your notebook.
Alison and Brad need money to pay their bills and decide
to rob a bank. Brad drives the getaway car. Alison goes
into the bank and pulls out her gun, announcing, “This is
a stickup. Don’t move!” The bank guard, Gordon, shoots
at Alison but misses, killing Dawn, a bank customer.
Alison and Brad are charged with felony murder. They
are later convicted and sentenced to life in prison. Is
this fair? Explain.
Review
What does mens rea mean in the legal context?
What does “strict liability” mean?
What is the difference between a felony and a misdemeanor?
What is the difference between 1st degree murder and 2nd
degree murder?
What’s the difference between 2nd degree murder and
voluntary manslaughter?
What is involuntary manslaughter?
What is an accomplice?
What is an accessory before the fact?
What is an accessory after the fact?
What does solicitation mean?
What does conspiracy mean?
What does attempt mean?
Shoplifting
• A form of larceny called shoplifting is the crime of taking items from
a store without paying for them
• In Arizona, attempted shoplifting is called concealment
• A recent study found that 11% of adults acknowledged having
shoplifted at least once over their lifetimes
• Shoplifting results in billions of dollars of losses each year, which are
passed onto consumers in the form of higher prices
Embezzlement
• Embezzlement is the unlawful taking of property by
someone to whom it was entrusted
• e.g. a bank teller taking money from the vault,
• a business executive taking money out of company
accounts
• an investment manager taking money from his/her
clients
• Bernie Madoff stole a combined
$65 billion from investors whose money
he was managing
Robbery
• Robbery is the unlawful taking of property from a person’s
immediate possession by force or intimidation
• It is both a crime against a person and a crime against
property
• The difference between robbery and larceny is the use of force
• e.g. a pickpocket who takes your wallet unnoticed has
committed larceny
• A mugger who knocks you down and takes your wallet by
force is guilty of robbery
• Robbery is almost always a felony
• Many states impose stricter penalties for
armed robberies – thefts committed with
a gun or other weapon
Answer in your notebook:
Do Now
Ivan was hanging out after school with his friend Anthony. Ivan
knew that Anthony had a reputation as a serial thief who would sell
stolen merchandise for money to buy drugs. Ivan had also personally
seen Anthony shoplift before. While the two were hanging out,
Anthony offered to sell Ivan some brand new Beats By Dre headphones
he had in the trunk of his car. The retail price for these headphones
was over $250, but Anthony offered to sell them to Ivan for $80. Ivan
asked Anthony, “Did you steal these?” “Uh, no. No, of course not
man,” Anthony replied nervously. Ivan, who was still unconvinced that
Anthony hadn’t stolen them, agreed to buy the headphones anyway.
1. In your opinion, did Ivan do something morally wrong by buying the
headphones? Explain.
2. Do you think Ivan’s actions should be illegal? If so, what should the
punishment be? Explain.
Receiving Stolen Property
• If you receive or buy property that you know – or have reason
to believe – is stolen, you have committed the crime of
receiving stolen property
• Knowledge that the property was stolen can be implied by the
circumstances
• e.g. buying goods out of the trunk of someone’s car for an
unreasonably low price
• Receiving stolen property is either a misdemeanor or a felony,
depending on the value of the goods received
Vehicle Theft
• Unauthorized use of a vehicle occurs when a
person unlawfully takes a car without the
owner’s consent, but intends to give it back
• If the person doesn’t intend to return it, it’s plain
old larceny
• Carjacking occurs if a person
uses force or intimidation to
steal a car from a driver in his
or her presence
• Carjacking is a federal crime
Extortion
• Extortion – more commonly known as blackmail
– is the use of threats to obtain property
• Extortion statutes generally cover threats to do
future physical harm, destroy property, or injure
someone’s character or reputation
Burglary
• Burglary was originally defined as breaking and
entering the someone’s residence at night with the
intent to commit a felony while inside
• Modern laws have eliminated the “at night” and
residence requirement
• Many states have stiffer penalties for burglaries
committed at night, burglaries of
residences, and burglaries
committed with weapons
Forgery
• Forgery is a crime in which someone falsely makes or alters a
document with the intent to defraud
• This usually involves someone signing someone else’s name on
a check or other document without their permission
• It can also mean changing or erasing party of a previously
signed document, e.g. the amount on a check
• Uttering – which is a separate crime in many states – is
knowingly using a forged or fake document to defraud someone
Cybercrime
• Cybercrime describes a wide range of crimes involving computers and
computer networks
• Examples include:
• Spamming – sending unwanted messages (usually advertising)
• Denial-of-service (DoS) attacks – making a machine or network
resource unavailable to its intended users
• Phishing – illegally acquiring personal information electronically
Media Piracy
• Illegal downloading, or the duplication and distribution of
music, movies, or TV shows, is also called media piracy
• Steep fines as well as possible jail terms await people who are
convicted of piracy
• The U.S. Digital Millennium Copyright Act of 1998 makes the
duplication and distribution of copyrighted media illegal
• Digital music rights are controversial, and the laws governing
them are often very difficult to enforce
• Entertainment industry advocates
argue that illegal downloading is no
different than shoplifting from a
store
Obscenity
• The transmission of obscene images is another
common internet crime
• Congress passed the Children’s Internet Protection Act
in 2000 to protect children from exposure to obscene
material
• The law requires all public schools and libraries to use
filtering software on all of their
student-accessible computers
• This law was challenged in 2003 on
First Amendment grounds, but the
Supreme Court ruled that it was
constitutional