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Introduction to Criminal Law

Chapter 8. Introduction to Criminal Law. Principal. The person who commits the crime. Accomplice. Someone who helps the principal commit a crime. Can be charged with the same crime and receive the same sentence as the principal. Ex. Driver of a getaway car. Accessory Before the Fact.

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Introduction to Criminal Law

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  1. Chapter 8 Introduction to Criminal Law

  2. Principal • The person who commits the crime.

  3. Accomplice • Someone who helps the principal commit a crime. Can be charged with the same crime and receive the same sentence as the principal. • Ex. Driver of a getaway car.

  4. Accessory Before the Fact • A person is guilty of this when they order a crime or helps the principal who is not present during the crime. The accessory often receives the same charge and punishment. • Ex. Someone hires someone else to kill

  5. Accessory After the Fact • When a person who, knowing a crime has been committed, helps the principal or accomplice avoid capture or helps them escape. The accessory receives a separate charge and sentence.

  6. Misdemeanor • Crimes that carry a penalty of less than one year.

  7. Felony • Crimes that carry a penalty of more than one year.

  8. Preliminary Crimes • Behavior that takes place before and often in preparation for the actual commission of the crime. • Solicitation – to ask, command, urge, or advise another person to commit a crime. • Attempt – When someone performs all the elements of crime but fails to achieve the criminal result. • Conspiracy – an agreement between two or more persons to commit a crime.

  9. Elements • Every crime is defined by certain elements, each of which must be proven at trial in order to convict the offender.

  10. Elements of a robbery • The taking or carrying away of goods or money. • Taking from a person • A motive of greed

  11. Guilty State of Mind • A guilty state of mind usually means that the act was done intentionally, knowingly, or willingly. This plus an act generally equals a crime.

  12. Motive • Different from state of mind. Motive is the reason for committing the act. • Ex. Someone steals food because they are hungry. • Ex. A person kills someone for revenge or for money

  13. Strict Liability • These crimes do not require a guilty state of mind. • Ex. A drugstore owner who unknowingly sells alcohol to a minor and is caught.

  14. Crime of omission • When someone fails to perform an act required by law and is physically able to perform the act. • Ex. Hit and run • Not paying taxes

  15. Attempt • Requires the intent to commit a crime and some substantial step toward committing the crime.

  16. Conspiracy • An agreement between two or more people to commit a crime. Allows police to arrest conspirators before they come dangerously close to committing other crimes. Some feel it denies people their 1st amendment rights of Freedom of Speech.

  17. Solicitation • The act of requesting or strongly urging someone to do something. If the request is to do something illegal, solicitation is considered a crime.

  18. Overt Act • Open; clear • More than mere preparation • At least the first step of actually attempting the crime.

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