A criminal act
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A Criminal Act. Actus reus = criminal act Wrongful deed Society will not punish for a status Robinson v. California (1962) Involuntary Conduct . A Criminal Act. Actus reus = criminal act Wrongful deed Society will not punish for a status Robinson v. California (1962)

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A Criminal Act

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A criminal act

A Criminal Act

  • Actus reus = criminal act

    • Wrongful deed

    • Society will not punish for a status

      • Robinson v. California (1962)

    • Involuntary Conduct


A criminal act1

A Criminal Act

  • Actus reus = criminal act

    • Wrongful deed

    • Society will not punish for a status

      • Robinson v. California (1962)

    • Involuntary Conduct

      • Sleep Walking

      • DUI


A criminal act2

A Criminal Act

  • Actus reus = criminal act

    • Wrongful deed

    • Society will not punish for a status

      • Robinson v. California (1962)

    • Involuntary Conduct

    • Possession as an Act


A criminal act3

A Criminal Act

  • Actus reus = criminal act

    • Wrongful deed

    • Society will not punish for a status

      • Robinson v. California (1962)

    • Involuntary Conduct

    • Proof of an Act

    • Possession as an Act

    • Criminal Failure to Act


The elements of the crime

The Elements of the Crime

  • A Criminal Act

  • A Criminal State of Mind


The elements of the crime1

The Elements of the Crime

  • A Criminal Act

  • A Criminal State of Mind

    • mens rea = a guilty mind


The elements of the crime2

The Elements of the Crime

  • A Criminal Act

  • A Criminal State of Mind

    • General Intent = the willful commission of an act

    • Specific Intent = something additional


Criminal intent

Criminal Intent

  • Purposely

  • Knowingly

  • Recklessly

  • Negligently


A criminal act

(a) Purposely.A person acts purposely with respect to a material element of an offense when:(i) if the element involves the nature of his conduct or a result thereof, it is his conscious object to engage in conduct of that nature or to cause such a result; and(ii) if the element involves the attendant circumstances, he is aware of the existence of such circumstances or he believes or hopes that they exist.


A criminal act

Attendant CircumstancesAttendant circumstance (sometimes external circumstances) is a legal concept which Black's Law Dictionary defines as the "facts surrounding an event." In Illinois Attendant Circumstances, Mens Rea and Actus Reus are known as the ELEMENTS of the Crime

  • Criminal Trespass to Vehicle

  • Perjury

  • Bigamy


A criminal act

(b) Knowingly.A person acts knowingly with respect to a material element of an offense when:(i) if the element involves the nature of his conduct or the attendant circumstances, he is aware that his conduct is of that nature or that such circumstances exist; and(ii) if the element involves a result of his conduct, he is aware that it is practically certain that his conduct will cause such a result.


A criminal act

CRIMINAL OFFENSES(720 ILCS 5/) Criminal Code of 1961.      (720 ILCS 5/Art. 19 heading) ARTICLE 19. BURGLARY    (720 ILCS 5/19‑1) (from Ch. 38, par. 19‑1)     Sec. 19‑1. Burglary.     (a) A person commits burglary when without authority he knowingly enters or without authority remains within a building, housetrailer, watercraft, aircraft, motor vehicle as defined in the Illinois Vehicle Code, railroad car, or any part thereof, with intent to commit therein a felony or theft.


A criminal act

(c) Recklessly.A person acts recklessly with respect to a material element of an offense when he consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his conduct. The risk must be of such a nature and degree that, considering the nature and purpose of the actor's conduct and the circumstances known to him, its disregard involves a gross deviation from the standard of conduct that a law-abiding person would observe in the actor's situation.


A criminal act

(d) Negligently.A person acts negligently with respect to a material element of an offense when he should be aware of a substantial and unjustifiable risk that the material element exists or will result from his conduct. The risk must be of such a nature and degree that the actor's failure to perceive it, considering the nature and purpose of his conduct and the circumstances known to him, involves a gross deviation from the standard of care that a reasonable person would observe in the actor's situation.


How does motive differ from intent in criminal law

How does motive differ from intent in criminal law?


A criminal act

  • A Criminal Act

  • A Criminal State of Mind

    • General Intent = the willful commission of an act

    • Specific Intent = something additional

    • Proving Criminal Intent

      • Circumstantial Evidence


The elements of the crime3

The Elements of the Crime

  • A Criminal Act

  • A Criminal State of Mind

  • Concurrence of a Criminal Act and a Criminal State of Mind


The elements of the crime4

The Elements of the Crime

  • A Criminal Act

  • A Criminal State of Mind

  • Concurrence of a Criminal Act and a Criminal State of Mind

  • Causation = A relationship between two phenomena in which the occurrence of the former brings about change in the latter. In the legal sense, causation is the element of a crime that requires the existence of a causal relationship between the offender’s conduct and the particular harmful consequences.


A criminal act

  • A Criminal Act

  • A Criminal State of Mind

  • Concurrence of a Criminal Act and a Criminal State of Mind

  • Causation= A relationship between two phenomena in which the occurrence of the former brings about change in the latter. In the legal sense, causation is the element of a crime that requires the existence of a causal relationship between the offender’s conduct and the particular harmful consequences.

    • Intervening Act


A criminal act

At the State's request--and over defendant's objection--the trial court instructed the jury as follows:        "The expression 'proximate cause,' means any cause which, in [266 Ill.App.3d 377] the natural or probable sequence, produced the death or great bodily harm complained of. It need not be the only cause, nor the last or nearest cause. It is sufficient if it concurs with some other cause acting at the same time, which in combination with it, causes the death or great bodily harm."


Liability without fault

Liability without Fault

  • Strict Liability

    • Selling Liquor to Minors

    • Statutory Rape

    • Teachers having Sex with Minors

  • Vicarious Liability

  • Enterprise Liability


Liability without fault1

Liability without Fault

  • Strict Liability

    • Selling Liquor to Minors

    • Statutory Rape

    • Teachers having Sex with Minors

  • Vicarious Liability

  • Enterprise Liability


Burden of proof

Burden of Proof

Beyond a Reasonable Doubt

Preponderance of the Evidence


Burden of proof1

Burden of Proof

  •  (720 ILCS 5/3‑2) (from Ch. 38, par. 3‑2)     Sec. 3‑2. Affirmative defense.     (a) "Affirmative defense" means that unless the State's evidence raises the issue involving the alleged defense, the defendant, to raise the issue, must present some evidence thereon.     (b) If the issue involved in an affirmative defense, other than insanity, is raised then the State must sustain the burden of proving the defendant guilty beyond a reasonable doubt as to that issue together with all the other elements of the offense. If the affirmative defense of insanity is raised, the defendant bears the burden of proving by clear and convincing evidence his insanity at the time of the offense. (Source: P.A. 89‑404, eff. 8‑20‑95; 90‑593, eff. 6‑19‑98.)


Burden of proof2

Burden of Proof

  • (720 ILCS 5/3‑1) (from Ch. 38, par. 3‑1)     Sec. 3‑1. Presumption of innocence and proof of guilt.     Every person is presumed innocent until proved guilty. No person shall be convicted of any offense unless his guilt thereof is proved beyond a reasonable doubt. (Source: Laws 1961, p. 1983.)


Burden of proof3

Burden of Proof

  •  (720 ILCS 5/3‑2) (from Ch. 38, par. 3‑2)     Sec. 3‑2. Affirmative defense.     (a) "Affirmative defense" means that unless the State's evidence raises the issue involving the alleged defense, the defendant, to raise the issue, must present some evidence thereon.     (b) If the issue involved in an affirmative defense, other than insanity, is raised then the State must sustain the burden of proving the defendant guilty beyond a reasonable doubt as to that issue together with all the other elements of the offense. If the affirmative defense of insanity is raised, the defendant bears the burden of proving by clear and convincing evidence his insanity at the time of the offense. (Source: P.A. 89‑404, eff. 8‑20‑95; 90‑593, eff. 6‑19‑98.)


Theft

A person commits theft when he knowingly obtains or exerts unauthorized control over property of the owner and intends to deprive the owner permanently of the use or benefit of the property.

Mens Rea/Mental State

Knowingly

Actus Reus

Obtains or exerts control over property

Attendant Circumstances

Unauthorised

AND

Mens Rea/Mental State

Intends

Actus Reus

Permanently Deprive

Attendant Circumstances

Use or benefit of the property

Theft


Theft1

Theft

  • Direct Evidence

    • Offender goes into your pocket of purse and takes your wallet

  • Circumstancal Evidence

    • Offender is found with your wallet in his/her possession


Theft2

Theft

  • Direct Evidence

    • Offender goes into your car and drives away

  • Circumstancal Evidence

    • Offender is found driving around in your car


Retail theft

A person commits the offense of

Retail theft when he or she

knowingly takes possession of,

carries away, transfers or

causes to be carried away or

transferred, any merchandise

displayed, held, stored or offered

for sale in a retail mercantile

establishment with the intention of

retaining such merchandise or

with the intention of depriving the

merchant permanently of the

possession, use or benefit of such

merchandise without paying the

full retail value of such

merchandise.

Mens Rea/Mental State

Knowingly

Actus Reus

Takes possession of

Carries Away

Transfers

Attendant Circumstances

Merchandise

Displayed

Held

Stored

Or offered for sale

Retail Mercantile Establishment

AND

Retail Theft


Retail theft1

A person commits the offense of

Retail theft when he or she

knowingly takes possession of,

carries away, transfers or

causes to be carried away or

transferred, any merchandise

displayed, held, stored or offered

for sale in a retail mercantile

establishment with the intention of

retaining such merchandise or

with the intention of depriving the

merchant permanently of the

possession, use or benefit of such

merchandise without paying the

full retail value of such

merchandise.

Mens Rea/Mental State

Intent

Actus Reus

Retaining

Attendant Circumstances

Such Merchandise

OR

Mens Rea/Mental State

Intent

Actus Reus/The Act

Permanently Depriving

Possession

Use

Benefit

Attendant Circumstances

Merchandise

Full Retail Value

Retail Theft


Retail theft2

Retail Theft

  • Direct Evidence

    • Security observes a customer remove an item from the store, place it under his or her coat any exit the store.

  • Circumstantial Evidence

    • Security observes a customer handling a watch and later observes on a recording of the security camera the customer make a move that could be construed as placing the watch up his sleeve. An inventory reveals a watch missing.


Burglary

A person commits burglary when

without authority he knowingly enters

or without authority remains within a

building, housetrailer, watercraft,

aircraft, motor vehicle as defined in

the Illinois Vehicle Code, railroad car,

or any part thereof, with intent to

commit therein a felony or theft. This

offense shall not include the offenses

set out in Section 4‑102 of the Illinois

Vehicle Code.

Mens Rea/Mental State

Knowingly

Actus Reus

Enters or Remains Within

Attendant Circumstances

Intent to Commit a theft or felony therein

Building, housetrailer,watercraft, aircraft, motor vehcile, or railroad car

Burglary


Burglary1

Burglary

  • Direct Evidence

    • As you drive your new squad car down the street you observed the subject on the front porch yell, “I’m going to kick in this door and enter this premise to commit a theft or other felony therein.”

  • Circumstantial Evidence

    • Everything else


Arson

A person commits arson when, by

means of fire or explosive, he

knowingly damages any real

property, or any personal property

having a value of $150 or more, of

another without his consent or

with intent to defraud an insurer,

damages any property or any

personal property having a value

of $150 or more.

Mens Rea/Mental State

Knowingly

Actus Reus/Act

Damages Property

Attendant Circumstances

Fire or Explosion

Real or Personal Property

Of Another

Without consent of Owner

Valued of $150 or more

OR

Arson


Arson1

A person commits arson when, by

means of fire or explosive, he

knowingly damages any real

property, or any personal property

having a value of $150 or more, of

another without his consent or

with intent to defraud an insurer,

damages any property or any

personal property having a value

of $150 or more.

Mens Rea/Mental State

Intent to Defraud an Insurer

Actus Reus/Act

Damages Property

Attendant Circumstances

Fire or Explosion

Real or Personal Property

Of Another

Valued of $150 or more

Arson


Arson2

Arson

  • Direct Evidence

    • Subject is observed throwing a Molotov Cocktail through the front window of a neighbor’s home

  • Indirect Evidence

    • The neighbor is observed walking into the house next door with two five gallon containers of gasoline. The neighbor walks out several minutes later without the containers. Thirty minutes later the house is fully engaged in flames.


Battery

A person commits battery if he intentionally or knowingly without legal justification and by any means, (1) causes bodily harm to an individual or (2) makes physical contact of an insulting or provoking nature with an individual

Mens Rea/Mental State

Intentionally or Knowingly

Actus Reus

Causes Bodily Harm, or

Makes Physical Contact of an Insulting or Provoking Nature

Attendant Circumstances

Without Legal Justification

Individual

Battery


Aggravated battery

A person who, in committing a battery, intentionally or knowingly causes great bodily harm, or permanent disability or disfigurement commits aggravated battery

Mens Rea/Mental State

Intentionally or Knowingly

Actus Reus

Causes Bodily Harm, or

Makes Physical Contact of an Insulting or Provoking Nature

Attendant Circumstances

Without Legal Justification

Individual

AND

Mens Rea/Mental State Intentionally or Knowingly

Actus Reus

Causes Great Bodily Harm,

Permanent Disability

Permanent Disfigurement

Aggravated Battery


Assault

A person commits an assault when, without lawful authority, he engages in conduct which places another in reasonable apprehension of receiving a battery.

Mens Rea/Mental State

Actus Reus

Engages in Conduct

Attendant Circumstances

Without Legal Justification

Places Another in Reasonable Apprehension of Receiving a Battery

Assault


Stalking

A person commits stalking when he or she, knowingly and without lawful justification, on at least 2 separate occasions follows another person or places the person under surveillance or any combination thereof

Mens Rea/Mental State

Knowingly

Actus Reus

Follows

Places Under Surveillance

(or any combination thereof)

Attendant Circumstances/Elements

Two Occassions

And

(1) at any time transmits a threat of immediate or future bodily harm, sexual assault, confinement or restraint and the threat is directed towards that person or a family member of that person; or        

(2) places that person in reasonable apprehension of immediate or future bodily harm, sexual assault, confinement or restraint; or        

(3) places that person in reasonable apprehension     that a family member will receive immediate or future bodily harm, sexual assault, confinement, or restraint. 

Stalking


Stalking1

A person commits stalking when he or she, knowingly and without lawful justification, on at least 2 separate occasions follows another person or places the person under surveillance or any combination thereof and:         (1) at any time transmits a threat of immediate or     future bodily harm, sexual assault, confinement or restraint and the threat is directed towards that person or a family member of that person; or (2) places that person in reasonable apprehension of immediate or future bodily harm, sexual assault, confinement or restraint; or (3) places that person in reasonable apprehension that a family member will receive immediate or future bodily harm, sexual assault, confinement, or restraint.   

Additional Attendant Circumstances/Elements

at any time transmits a threat of immediate or future bodily harm, sexual assault, confinement or restraint and the threat is directed towards that person or a family member of that person; or    

places that person in reasonable apprehension of immediate or future bodily harm, sexual assault, confinement or restraint; or 

places that person in reasonable apprehension     that a family member will receive immediate or future bodily harm, sexual assault, confinement, or restraint. 

Stalking


A criminal act

or


Stalking2

A person commits stalking when he or she has previously been convicted of stalking another person and knowingly and without lawful justification on one occasion:         (1) follows that same person or places that same     person under surveillance; and (2) transmits a threat of immediate or future bodily harm, sexual assault, confinement or restraint; and (3) the threat is directed towards that person or a     family member of that person.

Mens Rea/Mental State

Knowingly

Actus Reus/Criminal Act

Follows

Places under surveillance

Attendant Circumstances/Elements

Previously convicted

Transmits a threat of immediate of future bodily harm, sexual assault, confinement, or restraint

Threat is directed towards that person or a family member of that person

Without Lawful Justification

Stalking


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