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A Criminal Act. Actus reus = criminal act Wrongful deed Society will not punish for a status Robinson v. California (1962) (page 386) 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
A Criminal Act
  • Actus reus = criminal act
    • Wrongful deed
    • Society will not punish for a status
      • Robinson v. California (1962) (page 386)
    • 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

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slide9

(a) Purposely/Intentionally.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.

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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

©

slide11

Attendant CircumstancesAttendant circumstance (sometimes external circumstances) is a legal concept which Black's Law Dictionary defines as the "facts surrounding an event."

  • Criminal Trespass to Vehicle
  • Perjury
  • Bigamy

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slide12

(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.

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slide13

(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.

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slide14

(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.

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slide16
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 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.

©

the elements of the crime5
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.
    • Intervening Act

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slide19

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."

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liability without fault
Liability without Fault
  • Strict Liability
    • Selling Liquor to Minors
    • Statutory Rape
    • Teachers having Sex with Minors
  • Vicarious Liability
  • Enterprise Liability

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liability without fault1
Liability without Fault
  • Strict Liability
    • Selling Liquor to Minors
    • Statutory Rape
    • Teachers having Sex with Minors
  • Vicarious Liability
  • Enterprise Liability

©

a criminal act4
A Criminal Act
  • Actus reus = criminal act
    • Wrongful deed
    • Society will not punish for a status
      • Robinson v. California (1962) (page 386)
    • Involuntary Conduct

©

a criminal act5
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 act6
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

©

slide25

The State must establish two elements in order to obtain a conviction for possession: first, the knowledge of the defendant of the presence of narcotics and second, his immediate and exclusive control thereof. (People v. Galloway (1963), 28 Ill.2d 355, 192 N.E.2d 370.) Knowledge may be proved by evidence of acts, declarations or conduct of the accused from which it may be fairly inferred that he knew of the existence of the narcotics at the place they were found. (28 Ill.2d 355, 192 N.E.2d 370.) Possession may be actual or constructive possession and it may be jointly with another. (People v. Embry (1960), 20 Ill.2d 331, 169 N.E.2d 767; People v. Harris (1975), 34 Ill. [107 Ill.App.3d 601] App.3d 906, 340 N.E.2d 327.)

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a criminal act7
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

©

slide27

Attendant CircumstancesAttendant circumstance (sometimes external circumstances) is a legal concept which Black's Law Dictionary defines as the "facts surrounding an event."

©

slide28

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.

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the elements of the crime6
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.

©

slide30
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

©

liability without fault2
Liability without Fault
  • Strict Liability
    • Selling Liquor to Minors
    • Statutory Rape
    • Teachers having Sex with Minors
  • Vicarious Liability
  • Enterprise Liability

©

liability without fault3
Liability without Fault
  • Strict Liability
    • Selling Liquor to Minors
    • Statutory Rape
    • Teachers having Sex with Minors
  • Vicarious Liability
  • Enterprise Liability

©

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

©