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Chapter 8

Introduction to Criminal Law. Chapter 8 . Intro to Criminal Law. Almost all acts require an act, accompanied by a guilty state of mind: The prohibited act was done intentionally, knowingly, or willfully. State of mind is not the same as motive Motive: The reason for performing the act.

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Chapter 8

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  1. Introduction to Criminal Law

    Chapter 8

  2. Intro to Criminal Law Almost all acts require an act, accompanied by a guilty state of mind: The prohibited act was done intentionally, knowingly, or willfully. State of mind is not the same as motive Motive: The reason for performing the act. Strict liability: crimes do not require a guilty state of mind. The act itself is criminal i.e Selling alcohol to a minor
  3. General Considerations Elements: the conditions that make an act unlawful Must be proven at trial in order to convict. What are the elements in a robbery?
  4. Problem 8.1/Page 101 Anton is a bully. One night while eating at a local diner, he notices Derek is selecting a tune on the jukebox. Anton does not like the song Derek picks, so to show his pals who is in charge, Anton orders Derek to change the song. When Derek refuses, Anton punch him in the face, breaking Derek’s jaw. As a result of the injury, Derek misses several weeks of work and has to pay both medical and dental bills. Has Anton violated civil law, criminal laws, or both? Who decides whether Anton should be charged criminally? Sued in a civil action? If Anton is charged with a crime and sued in a civil action, would the civil and criminal cases be tried together? Why or why not? Would procedures in a criminal trial be the same as those in a civil trial? Why or why not? Is going to court the only way to handle this problem? What alternatives are there and which do you think would work best?
  5. General Considerations What is the difference between robbery and burglary? Can an act be both criminally and civilly wrong?
  6. Classes of Crimes Felonies: a crime in which the potential penalty is imprisonment for more than one year. Misdemeanor: potential is less than one year.
  7. Parties to Crimes Principal: the person who commits a crime Accomplice: someone who helps the principal commit the crime. May be charged with and convicted of the same crime. Accessory before the fact: person who orders a crime or helps the principal, but is not present during the crime. Accessory after the fact: person who, knowing the crime has been committed, helps the principal or accomplice avoid capture or helps them escape. Can be charged with harboring a fugitive, aiding the escape, or obstructing justice.
  8. Problem 8.2/Page 103 On your own sheet of paper, work out the problem.
  9. Crimes of Omission Crime of omission: when a person fails to perform an act required by criminal law. Examples: failing to file your taxes, failing to stop after being involved in an automobile accident.
  10. Preliminary Crimes Behavior that takes place before and in preparation for a crime Example: deciding to rob a bank Conspiracy Solicitation: asking another person to commit a crime for you. Ex. Murder Attempt: Performing all the elements of a crime, but failing to achieve the criminal result. Intended to commit the crime and taken some “substantial step” towards doing so.
  11. Problem 8.3/Page 105 One the same sheet of paper, answer the problem on your own.
  12. Preliminary Crimes ctd. Conspiracy: an agreement between two or more persons to commit a crime.
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