Intro to Criminal Law
In order to Commit a crime…
In order to Commit a crime…
• 1) one must have a guilty state of mind
In order to Commit a crime…
• 1) one must have a guilty state of mind
– Must be done intentionally, knowingly,
willfully
State of Mind vs. Motive
State of Mind vs. Motive
• Motive is a reason an act is performed
State of Mind vs. Motive
• Motive is a reason an act is performed
• State of mind is what was going through
their mind
State of Mind vs. Motive
• Motive is a reason an act is performed
• State of mind is what was going through
their mind
• Motive=Why
State of Mind vs. Motive
• Motive is a reason an act is performed
• State of mind is what was going through
their mind
• Motive=Why
• State of mind = what
General Considerations
• Crimes are made up of elements
General Considerations
• Crimes are made up of elements
– The prosecution must prove that every element
of the crime was committed
General Considerations
• Crimes are made up of elements
– The prosecution must prove that every element
of the crime was committed
– Example= Robbery vs. burglary
Elements of Robbery
• 1) taking or carrying away of goods or
money,
• 2) that taking from someone’s person, and
• 3) use of force or intimidation
Elements of Robbery
• 1) taking or carrying away of goods or
money,
• 2) that taking from someone’s person, and
• 3) use of force or intimidation
• If no one is present, then it is not robbery,
but burglary
State and Federal Crimes
• There are both state and federal criminal
laws
State and Federal Crimes
• There are both state and federal criminal
laws
– Acts of assault, DUI, shoplifting, etc. would be
held in state court, unless they occurred on
federal property
State and Federal Crimes
• Failure to pay federal taxes, mail fraud,
international smuggling are fed court
State and Federal Crimes
• Failure to pay federal taxes, mail fraud,
international smuggling are fed court
• Some cases violate both state and fed laws
and can be tried in either
Classes of Crime
• Felony???
Classes of Crime
• Felony???
– More than one year of imprisonment
Classes of Crime
• Misdemeanor???
Classes of Crime
• Misdemeanor???
– One year or less
Parties to Crime
• Person who commits a crime is called the
principal
Parties to Crime
• Person who commits a crime is called the
principal
• Person who helps in a crime is called the
accomplice
Parties to Crime
• Person who commits a crime is called the
principal
• Person who helps in a crime is called the
accomplice (could face same charge as
principal)
Parties to Crime
• Person who commits a crime is called the
principal
• Person who helps in a crime is called the
accomplice (could face same charge as
principal)
• IF a person orders a crime, but is not
present, they are called an accessory before
the fact (faces same charges as principal)
Parties to Crime
• IF a person knows of a crime, and doesn’t
report it, or helps cover-up, they are known
as an accessory after the fact (do not face
the same chare)
Crimes of Omission
• Fails to perform act required by law
Crimes of Omission
• Fails to perform act required by law
– Ex. Stop after an auto accident
Preliminary Crimes
• Behavior that takes place before a crime
Preliminary Crimes
• Behavior that takes place before a crime
– Soliciting- urging, commanding, advising the
breaking of a law
Preliminary Crimes
• Behavior that takes place before a crime
– Soliciting- urging, commanding, advising the
breaking of a law
– Attempt- the attempt to commit a crime is
illegal
Preliminary Crimes
• Behavior that takes place before a crime
– Soliciting- urging, commanding, advising the
breaking of a law
– Attempt- the attempt to commit a crime is
illegal
– Conspiracy- agreement between two people to
commit a crime