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A Criminal Act

A Criminal Act. Actus reus = criminal act Wrongful deed Society will not punish for a status Robinson v. California (1962) Involuntary Conduct . A Criminal Act. Actus reus = criminal act Wrongful deed Society will not punish for a status Robinson v. California (1962)

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A Criminal Act

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  1. A Criminal Act • Actus reus = criminal act • Wrongful deed • Society will not punish for a status • Robinson v. California (1962) • Involuntary Conduct

  2. A Criminal Act • Actus reus = criminal act • Wrongful deed • Society will not punish for a status • Robinson v. California (1962) • Involuntary Conduct • Sleep Walking • DUI

  3. A Criminal Act • Actus reus = criminal act • Wrongful deed • Society will not punish for a status • Robinson v. California (1962) • Involuntary Conduct • Possession as an Act

  4. A Criminal Act • Actus reus = criminal act • Wrongful deed • Society will not punish for a status • Robinson v. California (1962) • Involuntary Conduct • Proof of an Act • Possession as an Act • Criminal Failure to Act

  5. The Elements of the Crime • A Criminal Act • A Criminal State of Mind

  6. The Elements of the Crime • A Criminal Act • A Criminal State of Mind • mens rea = a guilty mind

  7. The Elements of the Crime • A Criminal Act • A Criminal State of Mind • General Intent = the willful commission of an act • Specific Intent = something additional

  8. Criminal Intent • Purposely • Knowingly • Recklessly • Negligently

  9. (a) Purposely.A person acts purposely with respect to a material element of an offense when:(i) if the element involves the nature of his conduct or a result thereof, it is his conscious object to engage in conduct of that nature or to cause such a result; and(ii) if the element involves the attendant circumstances, he is aware of the existence of such circumstances or he believes or hopes that they exist.

  10. Attendant CircumstancesAttendant circumstance (sometimes external circumstances) is a legal concept which Black's Law Dictionary defines as the "facts surrounding an event." In Illinois Attendant Circumstances, Mens Rea and Actus Reus are known as the ELEMENTS of the Crime • Criminal Trespass to Vehicle • Perjury • Bigamy

  11. (b) Knowingly.A person acts knowingly with respect to a material element of an offense when:(i) if the element involves the nature of his conduct or the attendant circumstances, he is aware that his conduct is of that nature or that such circumstances exist; and(ii) if the element involves a result of his conduct, he is aware that it is practically certain that his conduct will cause such a result.

  12. CRIMINAL OFFENSES(720 ILCS 5/) Criminal Code of 1961.      (720 ILCS 5/Art. 19 heading) ARTICLE 19. BURGLARY    (720 ILCS 5/19‑1) (from Ch. 38, par. 19‑1)     Sec. 19‑1. Burglary.     (a) A person commits burglary when without authority he knowingly enters or without authority remains within a building, housetrailer, watercraft, aircraft, motor vehicle as defined in the Illinois Vehicle Code, railroad car, or any part thereof, with intent to commit therein a felony or theft.

  13. (c) Recklessly.A person acts recklessly with respect to a material element of an offense when he consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his conduct. The risk must be of such a nature and degree that, considering the nature and purpose of the actor's conduct and the circumstances known to him, its disregard involves a gross deviation from the standard of conduct that a law-abiding person would observe in the actor's situation.

  14. (d) Negligently.A person acts negligently with respect to a material element of an offense when he should be aware of a substantial and unjustifiable risk that the material element exists or will result from his conduct. The risk must be of such a nature and degree that the actor's failure to perceive it, considering the nature and purpose of his conduct and the circumstances known to him, involves a gross deviation from the standard of care that a reasonable person would observe in the actor's situation.

  15. How does motive differ from intent in criminal law?

  16. A Criminal Act • A Criminal State of Mind • General Intent = the willful commission of an act • Specific Intent = something additional • Proving Criminal Intent • Circumstantial Evidence

  17. The Elements of the Crime • A Criminal Act • A Criminal State of Mind • Concurrence of a Criminal Act and a Criminal State of Mind

  18. The Elements of the Crime • A Criminal Act • A Criminal State of Mind • Concurrence of a Criminal Act and a Criminal State of Mind • Causation = A relationship between two phenomena in which the occurrence of the former brings about change in the latter. In the legal sense, causation is the element of a crime that requires the existence of a causal relationship between the offender’s conduct and the particular harmful consequences.

  19. A Criminal Act • A Criminal State of Mind • Concurrence of a Criminal Act and a Criminal State of Mind • Causation= A relationship between two phenomena in which the occurrence of the former brings about change in the latter. In the legal sense, causation is the element of a crime that requires the existence of a causal relationship between the offender’s conduct and the particular harmful consequences. • Intervening Act

  20. At the State's request--and over defendant's objection--the trial court instructed the jury as follows:        "The expression 'proximate cause,' means any cause which, in [266 Ill.App.3d 377] the natural or probable sequence, produced the death or great bodily harm complained of. It need not be the only cause, nor the last or nearest cause. It is sufficient if it concurs with some other cause acting at the same time, which in combination with it, causes the death or great bodily harm."

  21. Liability without Fault • Strict Liability • Selling Liquor to Minors • Statutory Rape • Teachers having Sex with Minors • Vicarious Liability • Enterprise Liability

  22. Liability without Fault • Strict Liability • Selling Liquor to Minors • Statutory Rape • Teachers having Sex with Minors • Vicarious Liability • Enterprise Liability

  23. Burden of Proof Beyond a Reasonable Doubt Preponderance of the Evidence

  24. Burden of Proof •  (720 ILCS 5/3‑2) (from Ch. 38, par. 3‑2)     Sec. 3‑2. Affirmative defense.     (a) "Affirmative defense" means that unless the State's evidence raises the issue involving the alleged defense, the defendant, to raise the issue, must present some evidence thereon.     (b) If the issue involved in an affirmative defense, other than insanity, is raised then the State must sustain the burden of proving the defendant guilty beyond a reasonable doubt as to that issue together with all the other elements of the offense. If the affirmative defense of insanity is raised, the defendant bears the burden of proving by clear and convincing evidence his insanity at the time of the offense. (Source: P.A. 89‑404, eff. 8‑20‑95; 90‑593, eff. 6‑19‑98.)

  25. Burden of Proof • (720 ILCS 5/3‑1) (from Ch. 38, par. 3‑1)     Sec. 3‑1. Presumption of innocence and proof of guilt.     Every person is presumed innocent until proved guilty. No person shall be convicted of any offense unless his guilt thereof is proved beyond a reasonable doubt. (Source: Laws 1961, p. 1983.)

  26. Burden of Proof •  (720 ILCS 5/3‑2) (from Ch. 38, par. 3‑2)     Sec. 3‑2. Affirmative defense.     (a) "Affirmative defense" means that unless the State's evidence raises the issue involving the alleged defense, the defendant, to raise the issue, must present some evidence thereon.     (b) If the issue involved in an affirmative defense, other than insanity, is raised then the State must sustain the burden of proving the defendant guilty beyond a reasonable doubt as to that issue together with all the other elements of the offense. If the affirmative defense of insanity is raised, the defendant bears the burden of proving by clear and convincing evidence his insanity at the time of the offense. (Source: P.A. 89‑404, eff. 8‑20‑95; 90‑593, eff. 6‑19‑98.)

  27. A person commits theft when he knowingly obtains or exerts unauthorized control over property of the owner and intends to deprive the owner permanently of the use or benefit of the property. Mens Rea/Mental State Knowingly Actus Reus Obtains or exerts control over property Attendant Circumstances Unauthorised AND Mens Rea/Mental State Intends Actus Reus Permanently Deprive Attendant Circumstances Use or benefit of the property Theft

  28. Theft • Direct Evidence • Offender goes into your pocket of purse and takes your wallet • Circumstancal Evidence • Offender is found with your wallet in his/her possession

  29. Theft • Direct Evidence • Offender goes into your car and drives away • Circumstancal Evidence • Offender is found driving around in your car

  30. A person commits the offense of Retail theft when he or she knowingly takes possession of, carries away, transfers or causes to be carried away or transferred, any merchandise displayed, held, stored or offered for sale in a retail mercantile establishment with the intention of retaining such merchandise or with the intention of depriving the merchant permanently of the possession, use or benefit of such merchandise without paying the full retail value of such merchandise. Mens Rea/Mental State Knowingly Actus Reus Takes possession of Carries Away Transfers Attendant Circumstances Merchandise Displayed Held Stored Or offered for sale Retail Mercantile Establishment AND Retail Theft

  31. A person commits the offense of Retail theft when he or she knowingly takes possession of, carries away, transfers or causes to be carried away or transferred, any merchandise displayed, held, stored or offered for sale in a retail mercantile establishment with the intention of retaining such merchandise or with the intention of depriving the merchant permanently of the possession, use or benefit of such merchandise without paying the full retail value of such merchandise. Mens Rea/Mental State Intent Actus Reus Retaining Attendant Circumstances Such Merchandise OR Mens Rea/Mental State Intent Actus Reus/The Act Permanently Depriving Possession Use Benefit Attendant Circumstances Merchandise Full Retail Value Retail Theft

  32. Retail Theft • Direct Evidence • Security observes a customer remove an item from the store, place it under his or her coat any exit the store. • Circumstantial Evidence • Security observes a customer handling a watch and later observes on a recording of the security camera the customer make a move that could be construed as placing the watch up his sleeve. An inventory reveals a watch missing.

  33. A person commits burglary when without authority he knowingly enters or without authority remains within a building, housetrailer, watercraft, aircraft, motor vehicle as defined in the Illinois Vehicle Code, railroad car, or any part thereof, with intent to commit therein a felony or theft. This offense shall not include the offenses set out in Section 4‑102 of the Illinois Vehicle Code. Mens Rea/Mental State Knowingly Actus Reus Enters or Remains Within Attendant Circumstances Intent to Commit a theft or felony therein Building, housetrailer,watercraft, aircraft, motor vehcile, or railroad car Burglary

  34. Burglary • Direct Evidence • As you drive your new squad car down the street you observed the subject on the front porch yell, “I’m going to kick in this door and enter this premise to commit a theft or other felony therein.” • Circumstantial Evidence • Everything else

  35. A person commits arson when, by means of fire or explosive, he knowingly damages any real property, or any personal property having a value of $150 or more, of another without his consent or with intent to defraud an insurer, damages any property or any personal property having a value of $150 or more. Mens Rea/Mental State Knowingly Actus Reus/Act Damages Property Attendant Circumstances Fire or Explosion Real or Personal Property Of Another Without consent of Owner Valued of $150 or more OR Arson

  36. A person commits arson when, by means of fire or explosive, he knowingly damages any real property, or any personal property having a value of $150 or more, of another without his consent or with intent to defraud an insurer, damages any property or any personal property having a value of $150 or more. Mens Rea/Mental State Intent to Defraud an Insurer Actus Reus/Act Damages Property Attendant Circumstances Fire or Explosion Real or Personal Property Of Another Valued of $150 or more Arson

  37. Arson • Direct Evidence • Subject is observed throwing a Molotov Cocktail through the front window of a neighbor’s home • Indirect Evidence • The neighbor is observed walking into the house next door with two five gallon containers of gasoline. The neighbor walks out several minutes later without the containers. Thirty minutes later the house is fully engaged in flames.

  38. A person commits battery if he intentionally or knowingly without legal justification and by any means, (1) causes bodily harm to an individual or (2) makes physical contact of an insulting or provoking nature with an individual Mens Rea/Mental State Intentionally or Knowingly Actus Reus Causes Bodily Harm, or Makes Physical Contact of an Insulting or Provoking Nature Attendant Circumstances Without Legal Justification Individual Battery

  39. A person who, in committing a battery, intentionally or knowingly causes great bodily harm, or permanent disability or disfigurement commits aggravated battery Mens Rea/Mental State Intentionally or Knowingly Actus Reus Causes Bodily Harm, or Makes Physical Contact of an Insulting or Provoking Nature Attendant Circumstances Without Legal Justification Individual AND Mens Rea/Mental State Intentionally or Knowingly Actus Reus Causes Great Bodily Harm, Permanent Disability Permanent Disfigurement Aggravated Battery

  40. A person commits an assault when, without lawful authority, he engages in conduct which places another in reasonable apprehension of receiving a battery. Mens Rea/Mental State Actus Reus Engages in Conduct Attendant Circumstances Without Legal Justification Places Another in Reasonable Apprehension of Receiving a Battery Assault

  41. A person commits stalking when he or she, knowingly and without lawful justification, on at least 2 separate occasions follows another person or places the person under surveillance or any combination thereof Mens Rea/Mental State Knowingly Actus Reus Follows Places Under Surveillance (or any combination thereof) Attendant Circumstances/Elements Two Occassions And (1) at any time transmits a threat of immediate or future bodily harm, sexual assault, confinement or restraint and the threat is directed towards that person or a family member of that person; or         (2) places that person in reasonable apprehension of immediate or future bodily harm, sexual assault, confinement or restraint; or         (3) places that person in reasonable apprehension     that a family member will receive immediate or future bodily harm, sexual assault, confinement, or restraint.  Stalking

  42. A person commits stalking when he or she, knowingly and without lawful justification, on at least 2 separate occasions follows another person or places the person under surveillance or any combination thereof and:         (1) at any time transmits a threat of immediate or     future bodily harm, sexual assault, confinement or restraint and the threat is directed towards that person or a family member of that person; or (2) places that person in reasonable apprehension of immediate or future bodily harm, sexual assault, confinement or restraint; or (3) places that person in reasonable apprehension that a family member will receive immediate or future bodily harm, sexual assault, confinement, or restraint.    Additional Attendant Circumstances/Elements at any time transmits a threat of immediate or future bodily harm, sexual assault, confinement or restraint and the threat is directed towards that person or a family member of that person; or     places that person in reasonable apprehension of immediate or future bodily harm, sexual assault, confinement or restraint; or  places that person in reasonable apprehension     that a family member will receive immediate or future bodily harm, sexual assault, confinement, or restraint.  Stalking

  43. or

  44. A person commits stalking when he or she has previously been convicted of stalking another person and knowingly and without lawful justification on one occasion:         (1) follows that same person or places that same     person under surveillance; and (2) transmits a threat of immediate or future bodily harm, sexual assault, confinement or restraint; and (3) the threat is directed towards that person or a     family member of that person. Mens Rea/Mental State Knowingly Actus Reus/Criminal Act Follows Places under surveillance Attendant Circumstances/Elements Previously convicted Transmits a threat of immediate of future bodily harm, sexual assault, confinement, or restraint Threat is directed towards that person or a family member of that person Without Lawful Justification Stalking

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