chapter 8. understand the concept of elements of a crime know the three primary culpable (guilty)...
TRANSCRIPT
Objectives
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
Crimes Consist of Elements 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?
Culpable (Guilty) States of Mind
Most crimes require not only proof of physical elements, but also a
required mens rea (guilty state of mind)
Three most common states of mind: Intentional acts—did you intend to
act as you did? (does not require that you intend the result)
Acts done knowingly Reckless acts (more than simple
carelessness) Is motive an element of a crime?
VIDEO Intent
Strict Liability Crimes
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
Parties to Crimes
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
Preliminary Crimes
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) VIDEO
Preliminary Crimes 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