Introduction to Criminal Law

Chapter 8

Guilty State of Mind

Meaning the prohibited act must be done
intentionally, knowingly, or willfully
Carelessness is not considered a guilty
state of mind
Example: You leave the stove on and
burn down the entire apartment complex.
You committed the act, but did not have a
guilty state of mind (maliciousness)


Motive
The reason why the act is performed
Different than state of mind
It is the reason a person kills someone
Example: Robin Hood stole from the rich
and gave to the poor. He had a good
motive, but his state of mind in
committing the theft was intentional. So
he would be guilty
Strict Liability
Crimes that do not require a guilty state of
mind
Act is criminal regardless of the knowledge
or intent of the person committing the act
Example: Selling booze to minors
Usually to be convicted, you must have
guilty state of mind
General Considerations
Crimes are made up of elements
To be guilty, every element must be proved
Example: Robbery
Taking and carrying away of goods or money
Taking from some person
Use of force and intimidation
Parties to Crimes
Person who commits a crime is called the
principal
Someone who helps another person commit a
crime is the accomplice
Example: Driver of getaway car
Person who orders a crime to be done is an
accessory before the fact
Person who, knowing a crime was committed,
helps the person avoid capture or escape is an
accessory after the fact
Crimes of Omission
A person is guilty of a crime of omission
when he or she fails to perform an act
required by a criminal law
Example: Lying to a police officer
Example: Not paying taxes
Example: Not stopping your car after an
accident
Solicitation
To ask, command, urge, or advise another
person to commit a crime is called
Solicitation
Attempt
An Attempt to commit a crime is in itself a
crime
Must have intended to commit the crime
and taken some step toward committing
the crime
Example: You shoot at someone and miss
Conspiracy
Agreement between two or more persons
to commit a crime
Designed to help prevent crimes from
occurring
Some feel it violates freedom of speech
To be guilty, one must make some steps
toward committing the crime

Crimes Against the
Person
Chapter 9
Homicide
The killing of one human
being by another
Most serious of all criminal
acts
Can be criminal or non-
criminal
Criminal Homicide
Most serious homicide is done
with malice
Means having the intent to kill or
seriously harm human life
In the old days, there were no
classifications of homicide
They were all assumed to be
done with malice and were
punishable by death

First-Degree Murder
Killing that is premeditated
(thought about
beforehand), deliberate,
and done with malice


Felony Murder
Killing that takes place during a
felony act
Arson, rape, robbery, or burglary
Most states assume felony murder to
be first degree murder
Malice and deliberation do not need
to be proved
Can result in life in prison
Second-Degree Murder
Killing done with malice, but
without premeditation or
deliberation
Includes spontaneous killings
that are unplanned

Voluntary Manslaughter
Killing that occurs after the victim has
done something to the killer that would
cause a reasonable person to lose self-
control or act rashly
Cannot just be words said to the killer
Cannot be any kind of cool down period
Example: Man walks in on his spouse
cheating on him and kills the person
Punishment is less severe
Involuntary Manslaughter
Unintentional killing resulting
from a reckless act
Playing with a loaded gun
Driving around recklessly

Negligent Homicide
Similar to Involuntary manslaughter
Many states classify these the same
Cause of death through criminal
negligence
Negligence is the failure to exercise a
reasonable or ordinary amount of care in a
situation that causes harm to someone
Most common form is with your vehicle
Noncriminal Homicide
Killing that is justifiable
Examples: Killing enemy
soldier, killing a criminal on
death row, killing by a police
officer of a person who is
committing a serious crime,
killing done in self defense