Intro Notes to Criminal Law

Most Crimes Require

The actionA guilty state of mindA motive

The action = an act that is against the law.

Guilty state of mind = the action was done intentionally, knowingly, or willfully

Motive = The reason why an act is performed

Ex: Did a crime occur?

Art walks out of Jaron’s house and leaves the stove on. As a result, Jaron’s house burns down.

Answer: No – even though the action occurred, Art did not have a guilty state of mind or a motive.

Ex: Did a crime occur?

Manuel steals money from rich kids at lunch and donates the money to the UNICEF fundraiser.

Think of Manuel as a modern day Robin Hood

Answer: Yes – even though Manuel had a good motive, he still committed the action and did so with a guilty state of mind

Classes of CrimesFelony – the potential penalty for committing the crime is more than one year in prison– More serious crimes

Misdemeanor – the potential penalty for committing the crime is less than one year in prison– Less serious crimes

Parties to a crimePrincipal – person that committed the crimeAccomplice – person that helps another person commit a crime– Accessory before the fact – orders the

crime, helps plan the crime, drives getaway car

– Accessory after the fact – helps the criminal avoid capture or escape

Preliminary Crimes

Criminal behavior before a crime occurs3 types of preliminary crimes– Solicitation– Attempt– Conspiracy

Solicitation = Asking someone else to commit a crime

Ex: Jessica asks Cyndy to steal her a Hershey’s Bar

Attempt = The criminal act fails, but there was an effort to make it succeed

Ex: Trying to kill someone, but shooting and missing

Conspiracy = An agreement between 2 or more people to commit a crime

Ex: Brandon and Clint make a pact to steal all of the classroom globes