th floor of the skyscraper across the street which temporarily blinds a window washer and causes him to stumble During this moment of temporary blindness lasting about a second and a half the window washer inadvertently kicks over his window washing bucket onto the street below The water an ID: 569926
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Slide1
Frank is helping his friend move into a downtown Seattle condo. While unloading a large mirror from the moving truck, the bright sunlight hits the mirror and reflects against the 40
th
floor of the skyscraper across the street which temporarily blinds a window washer and causes him to stumble. During this moment of temporary blindness, lasting about a second and a half, the window washer inadvertently kicks over his window washing bucket onto the street below. The water and soap from the bucket hit the sidewalk right in front of Bill the jogger. Bill was unable to stop before stepping on the slippery sidewalk, causing him to lose his balance and fall. When Bill fell, he hit his head on the sidewalk. Bill died two weeks later from his head injury.
Suppose that
Illinois law
provides: Anyone who causes the death of another person shall be guilty of murder.
Would Frank be guilty of murder under this law? Should he be?Slide2
Victims of Crime
&
Intro to Criminal LawSlide3
Why Do I Need to Know This?
Because in our legal system, what you are
thinking
at the time you commit a crime is almost as important as what you do.
Because what you are thinking when you commit a crime is not the same thing as the reason why you commit the crime.Because in order to be guilty of a specific crime, you must complete all the elements of that crime.
Elements of CrimeSlide4
Characteristics of Victims
More likely to be a victim if…
You are a
teen or young adult
(age 12-24)You are a maleYou are from a lower-income householdYou are a minoritySlide5
Victim Assistance & Victim Advocacy
Assistance Programs
Provide counseling, medical care, and other benefits
Victim compensation
Medical bills, lost salary, and even funeral costsAdvocacy GroupsMothers Against Drunk Driving (MADD)“Megan’s Law”Slide6
Intro to Criminal Law
Almost all crimes require an act, accompanied by a
GUILTY STATE OF MIND
.
State of mind is different than a MOTIVE.Guilty State of Mind = Was it done intentionally?Motive = WHY was it done?Slide7Slide8
Strict Liability
A few crimes are
strict liability
crimes.
DO NOT require a guilty state of mindAct itself is criminal, regardless of intentExamples:Statutory rapeSelling alcohol to minorsSlide9
Elements of Crime
Every crime is defined by certain
elements
, each which must be proven in order to convict an offender.
FOR EXAMPLE: Robbery is defined as the “unlawful taking and carrying away of goods or money from a person by force or intimidation.”If someone breaks into your house when you are not home and takes your television, can you convict him/her of robbery?Slide10Slide11
Why Do I Need to Know This?
Because some crimes are more severe than others.
Because the more severe the crime a person commits, the longer the sentence the person will receive.
Because the more severe the crime you commit, the less rights you will have in the future.
Classes of CrimesSlide12
State and Federal Crimes
State Crimes
:
Simple assault, DUI, shoplifting
Federal Crimes:Mail fraud, espionage, international smugglingBoth:Illegal possession of drugs, bank robberySlide13
Classes of Crimes
Felony
(murder, assault, rape, etc)
Crime for which potential penalty is 1+ years in prison
Misdemeanor (petty theft, disorderly conduct, vandalism)Crime for which potential penalty is >1 year in prisonFelony > Misdemeanor > InfractionSlide14
Why Do I Need to Know This?
Because you can be held criminally responsible for the acts of another person if you help them in any way before, during, or after the criminal act.
Because the punishment that you will receive for your part in a crime will depend upon what your role was in the crime.
Parties to CrimeSlide15
Parties to Crimes
Principal
The person who commits the crime
Accomplice
Someone who helps the principal commit the crimeAccessory before the factPerson who orders a crime or helps the principal commit the crime, but who is not present during the crimeAccessory after the factPerson who, knowing a crime has been committed, helps the principal or accomplice avoid capture or escapeSlide16
Harold and Marci decide to burglarize Superior Jewelers. Their friend Carl, an employee at Superior, helps by telling them the location of the store vault. Marci drives a van to the store and acts as the lookout while Harold goes inside and cracks the safe. After Harold and Mari make their getaway, Harold meets a friend, Shawn, who was not involved in the actual burglary. Harold tells Shawn about the burglary, and Shawn helps Harold get a train out of town. David, a former classmate of Harold and Marci, witnesses the crime but does not tell the police, even though he recognizes both Harold and Marci. How will each person be charged?Slide17
Harold and Marci decide to burglarize Superior Jewelers.
Their friend Carl, an employee at Superior, helps by telling them the location of the store vault.
Marci drives a van to the store and acts as the lookout while Harold goes inside and cracks the safe. After Harold and Mari make their getaway, Harold meets a friend, Shawn, who was not involved in the actual burglary. Harold tells Shawn about the burglary, and Shawn helps Harold get a train out of town. David, a former classmate of Harold and Marci, witnesses the crime but does not tell the police, even though he recognizes both Harold and Marci. How will each person be charged?Slide18
Harold and Marci decide to burglarize Superior Jewelers.
Their friend Carl, an employee at Superior, helps by telling them the location of the store vault.
Marci drives a van to the store and acts as the lookout while Harold goes inside and cracks the safe
. After Harold and Mari make their getaway, Harold meets a friend, Shawn, who was not involved in the actual burglary. Harold tells Shawn about the burglary, and Shawn helps Harold get a train out of town. David, a former classmate of Harold and Marci, witnesses the crime but does not tell the police, even though he recognizes both Harold and Marci. How will each person be charged?Slide19
Harold and Marci decide to burglarize Superior Jewelers.
Their friend Carl, an employee at Superior, helps by telling them the location of the store vault.
Marci drives a van to the store and acts as the lookout while Harold goes inside and cracks the safe
. After Harold and Mari make their getaway, Harold meets a friend, Shawn, who was not involved in the actual burglary.
Harold tells Shawn about the burglary, and Shawn helps Harold get a train out of town. David, a former classmate of Harold and Marci, witnesses the crime but does not tell the police, even though he recognizes both Harold and Marci. How will each person be charged?Slide20
Harold and Marci decide to burglarize Superior Jewelers.
Their friend Carl, an employee at Superior, helps by telling them the location of the store vault.
Marci drives a van to the store and acts as the lookout while Harold goes inside and cracks the safe
. After Harold and Mari make their getaway, Harold meets a friend, Shawn, who was not involved in the actual burglary.
Harold tells Shawn about the burglary, and Shawn helps Harold get a train out of town. David, a former classmate of Harold and Marci, witnesses the crime but does not tell the police, even though he recognizes both Harold and Marci. How will each person be charged?Slide21
Why Do I Need to Know This?
Because in some rare circumstances, you will be held criminally responsible for NOT doing something that you should have done.
Because in many jobs, you will have the legal responsibility to do things, and can be criminally punished if you fail to do them.
Crimes of OmissionSlide22
Crimes of Omission
A crime in which a person fails to perform an act required by law.
Examples
:
Not paying your taxesNot stopping after getting into a car accidentTeachers failing to report obvious signs of child abuseMechanics letting people drive off with no brakesSlide23
Why Do I Need to Know This?
Because some acts that occur prior to a crime happening are also punished.
Because preliminary crimes are complete crimes in and of themselves and require very little to be complete.
Preliminary CrimesSlide24
Preliminary Crimes
Solicitation
When a person asks, commands, urges, or advises another person to commit a crime.
Attempt
When someone performs all of the elements of a crime, but fails to achieve the desired resultsMust take some sort of “substantial step” toward committing the crimeConspiracyAn agreement between two or more persons to commit a crime.An overt act is required for convictionSlide25
Would any of the individuals involved be guilty of the crime of attempt?
Martin, a bank teller, figures out a foolproof method of stealing money from a bank. It takes him some time to get up the nerve to steal any money. Finally, he makes up his mind and tells his girlfriend, Maria, that tomorrow he will steal the money. Maria goes to the police, and Martin is arrested an hour later.
No one is guilty of attempted embezzlement.Slide26
Would any of the individuals involved be guilty of the crime of attempt?
Gil, an accomplished thief, is caught while trying to pick Lewis’s pocket. He pleads not guilty and says he cannot possibly be convicted, because Lewis did not have a penny on him.
Gil is guilty of attempted larceny.Slide27
Would any of the individuals involved be guilty of the crime of attempt?
Rita and Anwar decide to rob a liquor store. They meet at a pub and talk over their plans. Rita leaves to buy a revolver, and Anwar leaves to steal a car for use in their getaway. Rita is arrested as she walks out of the gun shop with her new revolver. Anwar is arrested while trying to hot-wire a car.
No one is guilty of attempted robbery.Slide28
Would any of the individuals involved be guilty of the crime of attempt?
Amy decides to burn down her store to collect the insurance money. She spreads gasoline around the building. She is arrested while leaving the store to get a book of matches.
Amy is guilty of attempted arson.