AGENDAMarch 11, 2013 Today’s topics Taking care of each other Introduction to Criminal Law State of mind vs. Motive Elements of a crime Classes of crimes Parties to crimes Preliminary crimes Homework Chapter 9: Read + Glossary terms
State of Mind vs. Motive State of Mind (Mens Rea) = intent Motive = the “why” or the reason a person commits a crime
State of Mind vs. Motive 1. A guilty state of mind generally does not include acts done ___. a. intentionally b. knowingly c. willfully d. carelessly 2. Which of the following includes an example of a motive? a. Susan knowingly threw a lit cigarette out the car window. b. Cecil took the meat because he was hungry. c. Nate willfully drove 100 miles per hour. d. Tora intentionally walked out of the store without paying for her items.
Elements of a Crime • 164.215 Burglary in the second degree…a person commits the crime of burglary in the second degree if the person enters or remains unlawfully in a building with intent to commit a crime therein. • What are the elements? • the person enters or remains • unlawfully • in a building • with intent to commit a crime therein. • Is there a mental state? • What is the act that needs to occur?
Elements of a Crime 164.245 Criminal trespass in the second degree. A person commits the crime of criminal trespass in the second degree if the person enters or remains unlawfully in a motor vehicle or in or upon premises • What are the elements? • the person enters or remains • unlawfully • in motor vehicle or in or upon premises • Is there a mental state?
Elements of a Crime Mock Trial: Murder is the unlawful killing of a human being with malice aforethought. • What are the elements? • unlawful killing • of a human being • with malice aforethought • Is there a mental state? • What is the act that needs to occur?
Classes of Crimes State vs. Federal crimes • What is “double jeopardy”? Felony vs. Misdemeanor
Parties to a Crime Problem 8.2 -- Create chart in your notebook: Work with your group to complete the chart
Preliminary Crimes Problem 8.3: Work with your group to answer questions A-D in your Portfolio
Homework Before you leave • Pick up your belongings & any trash • Straighten desks Homework • Chapter 9: Read + Glossary terms