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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) (page 386) 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) (page 386) • 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/Intentionally.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. The Elements of the Crime • A Criminal Act • A Criminal State of Mind • Concurrence of a Criminal Act and a Criminal State of Mind ©

  11. Attendant CircumstancesAttendant circumstance (sometimes external circumstances) is a legal concept which Black's Law Dictionary defines as the "facts surrounding an event." • Criminal Trespass to Vehicle • Perjury • Bigamy ©

  12. (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. ©

  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 • 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. ©

  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. • Intervening Act ©

  19. 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." ©

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

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

  22. A Criminal Act • Actus reus = criminal act • Wrongful deed • Society will not punish for a status • Robinson v. California (1962) (page 386) • Involuntary Conduct ©

  23. 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 ©

  24. 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 ©

  25. The State must establish two elements in order to obtain a conviction for possession: first, the knowledge of the defendant of the presence of narcotics and second, his immediate and exclusive control thereof. (People v. Galloway (1963), 28 Ill.2d 355, 192 N.E.2d 370.) Knowledge may be proved by evidence of acts, declarations or conduct of the accused from which it may be fairly inferred that he knew of the existence of the narcotics at the place they were found. (28 Ill.2d 355, 192 N.E.2d 370.) Possession may be actual or constructive possession and it may be jointly with another. (People v. Embry (1960), 20 Ill.2d 331, 169 N.E.2d 767; People v. Harris (1975), 34 Ill. [107 Ill.App.3d 601] App.3d 906, 340 N.E.2d 327.) ©

  26. 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 ©

  27. Attendant CircumstancesAttendant circumstance (sometimes external circumstances) is a legal concept which Black's Law Dictionary defines as the "facts surrounding an event." ©

  28. 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. ©

  29. 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. ©

  30. 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 ©

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

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

  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 ©

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