Transcript
Things that make you go hmmm…
http://www.youtube.com/watch?v=JigB2gYOVbk
What do you think of when you hear the word “crime”?
What is a crime?• A punishable offense against society.• A breach of the peace essential to
society’s functioning for the good of all.
How is the action in this picture an “offense against society” or a
“breach of the peace”?
How do you know if something you are doing (or thinking of doing) is a crime?
3 Elements of a Crime
All 3 need to be proven in court
for a conviction
(find accused person “guilty” of a crime).
1. Duty
2. Violation/Breach of the Duty
3. Criminal Intent
Element #1-- Dutya legal obligation to do or not do
something
What are some things the law obligates/compels you to do?
What are some things the law says you cannot do?
Element #1-- Dutya legal obligation to do or not do
something• Statutes and ordinances specifically
and clearly define duties.• During a criminal trial, the law(s) that
were allegedly broken will be specifically stated.
Element #1-- Dutya legal obligation to do or not do
something• Laws are written to reflect the will of
society, and are subject to change over time.
What laws have changed since this calendar was printed?
Quick!
Tell me one thing you remember about DUTY… the first element of a crime.
Element #2– Breach of Dutythe violation of a legal duty
• Committing the violation/breach is considered the actual crime.
• The commitment of this act by the accused individual has to be proven in court.
• witnesses• evidence• confession
Element #2– Breach of Dutythe violation of a legal duty
What could be used to prove:
• Shoplifting• Car theft• Embezzlement
Quick!
Tell me one thing you remember about
VIOLATION OF DUTY…
the second element of a crime.
There are 3 elements to every crime…
What are they?• Duty• Violation/breach of that duty• Intent
Tell me, tell me…
About•Duty•Violation/breach of duty
Element #3– Criminal Intentpurposefully committed
violation of dutyRequired to prove intent:
• Defendant purposefully did the action that is a violation of a duty.
• Defendant has capacity to understand the difference between right and wrong.
• Defendant has the required state of mind, as defined by statute
Element #3– Criminal Intentpurposefully committed
violation of dutyWho might not have capacity to understand the difference between right and wrong?
• Minors• Mentally ill or insane• Mentally handicapped
Element #3– Criminal Intentpurposefully committed
violation of dutyIf you voluntarily take intoxicating substances, do you have capacity?
YES!!!!!
Being under the influence of intoxicating substances does NOT
take away your capacity.
Element #3– Criminal Intentpurposefully committed violation
of dutyIntent and motive are NOT the same!
Intent
is purposefully doing an act that is a breach of a duty.
Motive
is WHY a person commits (or does not commit) an act.
Did you know…If an employee commits a criminal act
while completing their assigned duties
AND the act benefits the corporation, the corporation may be found to have had criminal intent!
* AND *Vicarious criminal liability is when the
criminal intent of an employee is substituted for the requirement of criminal intent for an officer of the company.
Case ExamplePack was the president of Acme Markets, Inc., a large retail food chain. Both Pack and Acme were charged with violating criminal provisions of the federal Food, Drug, and Cosmetics Act. They were charged with allowing interstate shipments of food contaminated by rodents in the Acme warehouse. Pack defended himself by stating that although he was aware of the problem, he had delegated responsibility for the sanitary conditions of food to responsible subordinates. Can Pack be held criminally liable in these circumstances?
Quick!
Tell me one thing you remember about
INTENT…
the third element of a crime.
Let’s practice!
Three Elements of Crime
worksheet
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