unit 2: criminal law and juvenile justice chapter 8 introduction to criminal law
TRANSCRIPT
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STREET LAW
UNIT 2: Criminal Law and Juvenile Justice
Chapter 8
Introduction to Criminal Law
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Almost all crimes require an act, accompanied by a guilty state of mindThis means that the act was done intentionally,
knowingly, or willfullyIt deals with the level of awareness of performing
some act—whether it was done purposefully, intentionally, or recklessly
Mere carelessness is not a guilty state of mind State of mind is different from motive
Motive is the reason—the why
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A few crimes are strict liability offensesThese crimes do not require a guilty state of mindThe act itself is criminal—regardless of the knowledge
or intent of the person committing the act○ Example: selling alcohol to minors—this is true
regardless of whether or not the seller know the buyer was underage
Most strict liability statues are limited to crimes that do not carry severe penalties or to crimes that are part of a larger attempt to regulate some area of conduct
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? . . .
Should a person’s intentions matter in deciding if he or she committed a crime?For example:
○ Should it matter if an act was done on purpose?○ If it was done when a person was being reckless?○ If it was done when a person was enraged?
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General Considerations
Crimes are characterized by three elementsthe act itselfmost crimes require a guilty state of mind—this
means that the act was done intentionally, knowingly, or willfully
motive—the reason for performing the act Each of these three elements must be
proven at trial in order to obtain a conviction
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Every crime is made up of certain elements—at trial, each element of a particular crime must be proven beyond a reasonable doubt in order to convict a person
A single act can be both a criminal & a civil wrongFor example, the state can prosecute & punish
the person for the crime, & the injured person can sue for damages in civil court
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State and Federal Crimes Both the federal & state governments have
criminal laws Some acts can be prosecuted only in state
courts while other acts can be prosecuted only in federal courtsYou won’t necessarily be able to identify whether
a crime is a state or federal crime (unless it occurs on federal property) without consulting the federal criminal statutes
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Certain crimes that violate both state & federal law can be prosecuted in either state or federal courts
As part of the “get tough on crime” policies of Congress in the late 1990s, some crimes previously classified as state crimes are now also violations of federal criminal lawThey may also be prosecuted in both state & federal
courts for the same crime—this is not double jeopardy since they are separate court systems
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Classes of Crimes
Crimes are separated into two categories based on their severity & the punishments attached to themA felony is a crime that carries a potential prison
sentence of more than one year—felonies are usually more serious crimes
A misdemeanor is any crime that can result in a prison sentence of one year or less
Minor traffic violations are not considered crimes, although they are punishable by law
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Parties to Crimes
The person who commits a crime is called the principal
An accomplice is the person who helps the principal commit the crimeThe accomplice can be charged with the same
crime as the principal
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A person who helps organize the crime but is not present when it occurs is called an accessory before the factThis person can usually be charged with the same
crime as the principal
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An accessory after the fact is a person who learns about a crime after it has occurred helps the principal or accomplice to avoid captureThis person is not charged with the original crime
but may be charged with harboring a fugitive or obstructing justice
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Crimes of Omission
Most crimes occur when a person does something that violates the law
In a few cases, however, failing to act may be a crime if the person had a legal duty to act & was physically able to perform the required act
This type of failure to act is known as omission
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Beware:
If you are present when a crime is committed by someone else, you are potentially liable in criminal or juvenile court!
Society’s failure to penalize those who are parties to crime or who are guilty of crimes of omission would endanger public safety & thwart justice
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Preliminary Crimes
Certain actions take place before a crime is committed
These acts can be punished even if the crime is never completedThree examples of preliminary crimes are:
○ solicitation○ attempt○ and conspiracy
[Ch. 8 – Basic Concepts]
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Solicitation involves one person asking another to participate in a crime
To be convicted for attempt, the accused person must have both intended to commit a crime and have taken a "substantial step" toward committing the crime
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A conspiracy is an agreement between two or more people to commit a crime
Police cannot arrest people for merely discussing a crime—the people must have taken obvious steps towards completing the crime to be guilty of conspiracy
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Conspiracy charges are often criticized because of the inherent vagueness, due process, & free speech problems they raise
The government has sometimes used conspiracy prosecutions in political cases—however, because of 1st Amendment problems, they have seldom resulted in convictions
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Conspiracy has also been used frequently in recent years to prosecute people involved in the drug trade
Large-scale drug dealers who plan activities to import & sell drugs have been convicted & sentenced to long prison terms
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An overt act is an act that is open to view – it’s required for conviction on a conspiracy charge