Chapter 8: Introduction to Criminal Law

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