Criminal Law Elements and Common Crimes

Notes de l'éditeur

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3. CHAPTER 5 05/19/11 The answer is normally no. Mere thoughts do not constitute criminal activity.
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5. CHAPTER 5 05/19/11 Has a crime occurred? Yes! Ronald acted when he requested someone else to help commit a crime.
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8. CHAPTER 5 05/19/11 Has Ronald committed another crime? Has Jarold committed a crime? Yes, both Ronald and Jarold are guilty of a crime of conspiracy. A criminal conspiracy exist when two or more person have joined to do an illegal act. Once an act of preparation, such as purchasing a gun has been performed, then the agreement to commit a crime has become a criminal conspiracy.
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10. CHAPTER 5 05/19/11 What elements must be present before Davis could be convicted of a crime? Duty, act or omission, criminal intent State statutes describe duty! How is duty established at trial? Prosecution cites a statute to the judge. Did Davis violate her duty? Criminal intent is what? How would the lawyers establish criminal intent for the Davis case?
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19. CHAPTER 5 05/19/11 In most circumstances, Michelle does have a defense against a homicide charge. Michelle had genuine and reasonable fear of immediate great bodily harm. Self-defense is the right to protect oneself from the criminal conduct of others. Deadly force is that force likely to result in death or serious harm. Deadly force can be used to defend oneself if: •Reasonable belief that death or serious bodily harm will result. •The attacker is using unlawful force. •The victim did not begin or cause the attack.
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27. CHAPTER 5 05/19/11 Infancy --A person who has not reached the legal age of majority may be able to use this defense. Intoxication --When a person has taken an amount of drugs or alcohol to the extent that they are incapable of have the necessary state of mind for performing a crime. Insanity --A person suffering from mental illness is probably not capable of state of mind to commit a crime. Entrapment --suggesting to another that he/she commit a crime while encouraging that person to do so. •Example: police undercover Mistake --Mistaken idea of what the law is do not normally constitute valid defenses to a criminal responsibility. However it may sometimes. Consent --when one person gives permission to commit a crime. This does not give provide a legal defense for some crimes: •Examples: Selling drugs, Euthanasia Duress --Wrongful threat that causes one person to perform an act that he/she would not otherwise have performed. Self-Defense --The right to protect oneself from the criminal conduct of others.
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29. CHAPTER 5 05/19/11 Are you guilty of a crime? NO. You engaged in the illegal act only under extreme duress--the threat of losing your life if you did not do what the thug told you to do. Could duress be a defense if the thug gave you a knife and told you to kill the manager? No, taking the life of another under the threat of your own life is not legally justified.
30. CHAPTER 5 05/19/11 Angie will be charged as a principal with armed robbery. A possible defense is that she was coerced by her boyfriend. Betty will be charged as an accomplice and charged with the same crime. Carla may be charged with the same crime as an accomplice. Her defense will be she had no knowledge of the incident. She can be charge as an accessory after the fact for aiding and abetting Angie and Betty. Zeke can be charged as an accessory before the fact for ordering Angie to go out and commit a crime. He would face the same charges as the principal, Angie. His defense could be that he never gave Angie any specific instructions to commit a criminal act, he thought she was just going to the bank.
31. CHAPTER 5 05/19/11 Statute of Limitations places a time limit on the time period during which the state can prosecute a crime. If the state does not prosecute within the Statute of Limitations the opportunity to prosecute is lost. The time limits vary from state to state for different crimes. What reasons are there to have a statute of limitations? •The threat that people may feel that they will be prosecuted. •Avoid prosecutors from delaying One crime has no statute of limitations, any guesses? •Murder