criminal law part 2 introduction and crimes against the person n.
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Criminal Law part 2: Introduction and Crimes against the person. Mr. Garfinkel 2/4/14. State of mind vs. motive. Most crimes require an act and a guilty “state of mind” This means there was some intent: accidentally tipping over a candle is not arson

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state of mind vs motive
State of mind vs. motive
  • Most crimes require an act and a guilty “state of mind”
    • This means there was some intent: accidentally tipping over a candle is not arson
    • Some crimes are “strict liability” offences. These do not require a guilty state of mind: i.e. selling alcohol to a minor
  • A “motive” is the reason why an act is performed
elements
Elements
  • Crimes are made up of elements
  • Each element must be proven beyond a reasonable doubt.

Example: Robbery is defined as taking and carry away goods or money from someone’s person by force or intimidation.

What are the elements of this crime?

parties
Parties
  • Principal: The person who commits the crime
  • Accomplice: Someone who helps another commit a crime (ex. getaway car driver)
  • Accessory before the fact: A person who orders a crime or helps commit the crime but is not present
  • Accessory after the fact: A person who helps the principal or accomplice avoid capture knowing they have committed a crime
crimes of omission
Crimes of Omission

When you don’t do something you are required to do...

pg. 100: The Case of the Drowning Girl

preliminary crimes
Preliminary crimes
  • Solicitation: Ask, command, urge, or advice another person to commit a crime.
  • Attempt: To simply attempt to commit a crime is often itself a crime. The accused must both be trying to commit a crime and take substantial step to committing the crime.
  • Conspiracy: An agreement between two or more people to commit a crime.
crimes against the person murder
Crimes against the person: Murder
  • Homicide: The killing of one human being by another
    • First Degree Murder: Killing that is premeditated, deliberate and done with malice (an intent to kill or cause severe injury)
    • Felony Murder: Any killing that takes place during the commission of certain felonies such as arson rape or robbery.
    • Second degree murder: Killing done with malice but without premeditation
manslaughter and negligent homicide
Manslaughter and Negligent homicide
  • Voluntary Manslaughter: A “crime of passion” killing that takes place after a person is provoked. Must be more than words.
  • Involuntary manslaughter: Unintentional killing resulting from conduct so reckless that it causes extreme danger.
  • Negligent homicide: The causing of death through the failure to exercise a reasonable or ordinary amount of care
hypotheticals
Hypotheticals

Remember, some killings are not homicides

Examples?

Let’s look at:

Problem 9.1 and 9.2