Crime Law Crime a violation of a statute

Crime & Law

• Crime: a violation of a statute in which there is a concurrence of criminal intent and a criminal act • With exceptions, every crime has THREE (3) elements • Law: a system of rules enacted by a country to regulate how it’s institutions and citizens act Definitions

• • • Criminal Act Criminal Intent Concurrence Causation Harm Attendant Circumstances Elements of Crime

• Most crimes must have at least three elements: criminal act, criminal intent, and concurrence of the two. • Ex: Sarah and Evan get in a fight. As a result, Sarah runs to her car, starts the engine, and tries to run Evan over. He manages to get out of the way, and as a result, Evan is not hurt. Sarah is still charged with attempted assault/murder. • Identify criminal act, intent, and concurrence in the above scenario. Elements of Crime cont.

• Criminal intent, or mens rea, is a necessary component of most crimes. • If someone gets in an accident that results in a death, they cannot necessarily be charged with murder, but they could be charged with reckless driving or involuntary manslaughter depending on the details of the incident. Criminal Intent

• Intent without action CANNOT BE CHARGED! • Thoughts are non-criminal unless they are followed up by criminal action. • Example: Mercedes is a housekeeper for Kelly, a wealthy woman with a lot of fancy jewelry. Mercedes fantasizes about rigging the gas line so that gas leaks into the house, killing Kelly in her sleep. She even writes down her plan with a date to enact it in her diary. When Mercedes leaves the house one day, her diary falls out of her bag, and Kelly finds it. She calls the police. • Can Mercedes be charged? What about thoughts?

• Criminal Act – also known as actus reus – can be defined as any “unlawful bodily movement”. • Voluntariness is REQUIRED for criminal act to take place • Typically, there can be no crime without criminal act • Exceptions include possession and omission Criminal Act

• Ethan is hypnotized at a county fair. While under the influence of hypnosis, the hypnotist suggests that Ethan smash a banana cream pie in his girlfriend’s face. While in most cases, this would be considered battery (if reported), Ethan would not be charged. • Why? • What is the purpose of being charged and punished? Voluntariness – An Example

• While involuntary acts cannot be charged, if they are preceded by an act that is voluntary, they can be. • Example: Drunk driving • Compare effectiveness of punishment between this scenario and the scenario on the previous slide. Voluntary Act Followed by a Non-Voluntary Act

• Possession: possession is passive, so it cannot be considered an act, but people can still be charged for being in possession of an illegal substance/object • Must be knowing • Omission to Act: if a person has a statutory or contractual obligation to act when a criminal act is taking place, they MUST, or risk facing charges of omission. Exceptions to Action

• Infraction – violation or infringement of a law or regulation • Usually punishable by a fine. In most states, these are not criminal offenses and are not punishable by incarceration. • Misdemeanor – a minor crime punishable with incarceration of one year or less • Public intoxication, prostitution, reckless driving, petty theft • Felony – a major crime, usually violent, punishable by more than one year in prison and/or death • Murder, grand theft, arson Types of Crime

• Major Crime - a crime that is committed such as murder, rape, sexual molestation, robbery, aggravated assault, burglary, motor vehicle or larceny theft, and/or any crime committed against the state; to include terrorism. • Mala in se – sinful or inherently wrong by nature, independent from regulations • Rape, murder, robbery, assault, & battery – universally wrong • Mala prohibita – conduct that is wrong/punishable because it is prohibited by statute • Drug abuse, drunk driving, gambling, public intoxication, parking in a handicap zone – determined by state Major Crime - Terminology