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 stat ID: 336992
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Introduction to Criminal Law
Chapter 8Slide2
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) Slide3
Motive
The reason why the act is performed
Different than state of mind
It is the reason a person kills someoneExample: 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 guiltySlide4
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 minorsUsually to be convicted, you must have guilty state of mindSlide5
General Considerations
Crimes are made up of elements
To be guilty, every element must be proved
Example: RobberyTaking and carrying away of goods or moneyTaking from some personUse of force and intimidationSlide6
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 carPerson who orders a crime to be done is an accessory before the factPerson who, knowing a crime was committed, helps the person avoid capture or escape is an accessory after the fact Slide7
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 taxesExample: Not stopping your car after an accidentSlide8
Solicitation
To ask, command, urge, or advise another person to commit a crime is called SolicitationSlide9
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 missSlide10
Conspiracy
Agreement between two or more persons to commit a crime
Designed to help prevent crimes from occurring
Some feel it violates freedom of speechTo be guilty, one must make some steps toward committing the crimeSlide11
Crimes Against the Person
Chapter 9Slide12
Homicide
The killing of one human being by another
Most serious of all criminal acts
Can be criminal or non-criminal Slide13
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 homicideThey were all assumed to be done with malice and were punishable by deathSlide14
First-Degree Murder
Killing that is premeditated (thought about beforehand), deliberate, and done with maliceSlide15
Felony Murder
Killing that takes place during a felony act
Arson, rape, robbery, or burglary
Most states assume felony murder to be first degree murderMalice and deliberation do not need to be provedCan result in life in prisonSlide16
Second-Degree Murder
Killing done with malice, but without premeditation or deliberation
Includes spontaneous killings that are unplanned Slide17
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” periodExample: Man walks in on his spouse cheating on him and kills the personPunishment is less severeSlide18
Involuntary Manslaughter
Unintentional killing resulting from a reckless act
Playing with a loaded gun
Driving around recklesslySlide19
Negligent Homicide
Similar to Involuntary manslaughter
Many states classify these the same
Cause of death through criminal negligenceNegligence is the failure to exercise a reasonable or ordinary amount of care in a situation that causes harm to someoneMost common form is with your vehicleSlide20
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