Criminal Law part 2:Introduction and Crimes

against the person

Mr. Garfinkel 2/4/14

State of mind vs. motive

• Most crimes require an act and a guilty “state of mind”o This means there was some intent: accidentally tipping over

a candle is not arsono Some crimes are “strict liability” offences. These do not

require a guilty state of mind: i.e. selling alcohol to a minor

• A “motive” is the reason why an act is performed

Elements

• Crimes are made up of elements

• Each element must be proven beyond a reasonable doubt.

Example: Robbery is defined as taking and carry away goods or money from someone’s person by force or intimidation.

What are the elements of this crime?

Problem 8.1

pg. 97

Parties• Principal: The person who commits the crime

• Accomplice: Someone who helps another commit a crime (ex. getaway car driver)

• Accessory before the fact: A person who orders a crime or helps commit the crime but is not present

• Accessory after the fact: A person who helps the principal or accomplice avoid capture knowing they have committed a crime

Crimes of Omission

When you don’t do something you are required to do...

pg. 100: The Case of the Drowning Girl

Preliminary crimes

• Solicitation: Ask, command, urge, or advice another person to commit a crime.

• Attempt: To simply attempt to commit a crime is often itself a crime. The accused must both be trying to commit a crime and take substantial step to committing the crime.

• Conspiracy: An agreement between two or more people to commit a crime.

Crimes against the person: Murder

• Homicide: The killing of one human being by another

o First Degree Murder: Killing that is premeditated, deliberate and done with malice (an intent to kill or cause severe injury)

o Felony Murder: Any killing that takes place during the commission of certain felonies such as arson rape or robbery.

o Second degree murder: Killing done with malice but without premeditation

Manslaughter and Negligent homicide

o Voluntary Manslaughter: A “crime of passion” killing that takes place after a person is provoked. Must be more than words.

o Involuntary manslaughter: Unintentional killing resulting from conduct so reckless that it causes extreme danger.

o Negligent homicide: The causing of death through the failure to exercise a reasonable or ordinary amount of care

Hypotheticals

Remember, some killings are not homicides

Examples?

Let’s look at:Problem 9.1 and 9.2