Unit 5 notes 1

INTRODUCTION TO CRIMINAL LAW

I. Almost (but not all) all crimes require an act and a guilty state of mind A. Guilty state of mind- the act was

done knowingly, intentionally, or willfully Ex. Burning someone’s property down on

purpose is arson, but accidentally starting a fire because a candle was burning is an accident (no intent)

B. State of mind is different than motive Motive- The reason for committing

the act (the criminals motivation for committing the crime)

C. A few crimes are strict liability offenses These acts do not require a guilty

state of mind, but the act itself is a crime Ex. It is illegal to sell alcohol to minors, but a sales person can be held responsible even if they didn’t know they were underageTheses crimes usually do not carry heavy penalties

D. Every crime is defined by elements, which must be proven to convict an offender Elements- the requirements for an

act to be considered a crimeEx. The elements of robbery:1. The taking of goods or money2. Physically taking something3. Using force and/or intimidation

Ex. If you were at work and a person broke into your house and took your valuables, you were burglarized, not robbed

E. A crime can also be considered a civil wrong (tort) The person who was wronged may

also sue the person to recover damages (in addition to charges)

F. State and Federal crimes Some crime exists at the state and

federal level State- disorderly conduct, shoplifting, DUI (unless on federal property)

Federal- tax evasion, mail fraud, espionage

Classes of crimes: 1. Felony- Potential prison time for

more than one year 2. Misdemeanor- Less serious crime,

potential prison time is less than one year

3. Minor violations are not considered felonies or misdemeanors, but can still be punished by the law