State of mind
means that the prohibited act was done intentionally, knowingly or willfully. What were you thinking?
Mens rea
latin term used by lawyers when they discuss this requirement for a guilty mind
What is the difference between state of mind and motive?
state of mind - level of awareness a person has when committing an act
Motive - persons reason for performing an act
What is strict liability?
Crimes do not require a guilty state of mind
ex. crime to sell alcoholic beverage to minors
Statutory rape
Having sex with an underage partner, even if you believe the person is not a minor
What are the elements in a crime?
Each of which must be proven at trial in order to convict the offender
Principal
the person who commits a crime
Accomplice
someone who helps the principal commit the crime
Accessory after the fact
Person who knowing a crime has been committed helps the principal or an accomplice avoid capture or helps them escape.
Crime of Omission
person fails to perform an act required by a criminal law, if they are physically able to perform the required act
inchoate crimes
require proof of criminal intent but can be punished even if the harm intended never occurred
Solicitation
Ask, command, urge, or advise another person to commit a crime
Attempt
When someone performs all of the elements of a crime but fails to achieve the criminal result
Conspiracy
Agreement between two or more persons to commit a crime coupled with an intent to commit the crime and some action or conduct that furthers the agreement
Overt act
an act that is open to view required for conviction on a conspiracy charge