Introduction to Criminal Law

Chapter 8

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

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

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.

Misdemeanor

Crimes that carry a penalty of less than one year.

Felony

Crimes that carry a penalty of more than one year.

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.

Elements

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

Elements of a robbery

The taking or carrying away of goods or money.

Taking from a person A motive of greed

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.

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

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.

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

Attempt

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

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.

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.

Overt Act

Open; clear More than mere preparation At least the first step of actually

attempting the crime.