Street Law Chapter 8
The ____________________ is the reason why a person commits a crime.
motive
How does a crime of commission differ from a crime of omission? Give an example of each.
A crime of commission occurs when a criminal commits an illegal act with a guilty state of mind. Murder in the first degree is a crime of commission in which a person intentionally takes the life of another person with premeditation. A crime of omission occurs when a person has a duty to act, and the failure to act constitutes a crime. Parents have a duty to feed and clothe their children. Their failure to provide sufficient nutrition or clothing for a child can result in criminal liability when the child is seriously injured as a result of their failure to act. Failure to pay federal taxes is another example of a crime of omission.
What is the difference between a guilty state of mind and motive?
A guilty state of mind refers to the level of awareness the person has when committing a crime, for example, intentionally, recklessly, or negligently. Motive refers to the person's reasons for committing the act.
Why do some state laws require that there be an overt act as an element of conspiracy crimes?
An overt act, one that is open to view, is required for conviction on a conspiracy charge in some states and under some federal laws. The overt act requirement helps to establish that the conspiracy is close to becoming an actual criminal act and not just idle talk.
Indicate at least two reasons why the behavior described below should be considered a crime and two reasons why it should not. Then give your decision and reasons for your answer. (Focus on the reasons society designates certain acts as crimes.) John takes some money out of a cashier's drawer at a restaurant and gives the money to a family that is starving.
Arguments for: It is stealing. It harms the restaurant owner. If it goes unpunished, it would encourage others to steal. Classifying it as a crime will deter others.¶Arguments against: The act is justified because of the circumstances. To call it a crime would not deter people because this situation rarely arises. It would show society cares about starving families. The loss is minimal compared to the gain.¶Decision: You should provide an opinion and good reasons for your decision.
What are elements and what must the prosecutor prove regarding elements to a crime?
Elements are the individual criteria that make up the definition of a crime. The prosecutor has the burden of proving every element beyond a reasonable doubt in order to get a conviction.
Almost all crimes require an illegal act and a bad motive.
False
An accomplice is a person who helps a criminal avoid arrest and prosecution.
False
An act can be either a crime or a civil wrong, but never both.
False
Jerry intended to steal money through an Internet scam. He has committed attempted theft.
False
Strict liability crimes do not require an illegal act.
False
When crimes are illegal under both federal and state law, the defendant may legally be charged only under the federal or the state law, but not both.
False
Hank agreed with three friends to steal a new sculpture in the city park. However, he changes his mind and does not show up on the night they were to steal the sculpture. His friends steal the sculpture. Is Hank guilty of any crime? Give your reasons.
Hank is guilty of the crime of conspiracy to commit theft. If he wished to withdraw from the planned theft, he would have to notify law enforcement before the theft of the sculpture took place in order to avoid criminal liability.
Give an example of how an act can be both a crime and a civil wrong.
Jenny intentionally cuts Tanya with a knife. She is guilty of aggravated assault and the civil wrong of battery.
What is the difference between a misdemeanor and a felony?
Misdemeanors are relatively minor crimes for which the potential penalty is imprisonment for one year or less. Felonies are more serious crimes for which the potential penalty is imprisonment for more than one year.
Define strict liability crimes.
Strict liability crimes require only an illegal act. No guilty state of mind is required.
Explain why statutory rape is a strict liability offense.
Strict liability offenses are crimes that require only the illegal act, whether or not a guilty state of mind exists. Statutory rape is defined as having sex with an underage partner, regardless of whether the perpetrator knew the age of the minor.
Why is the agreement with another person to commit a crime the separate crime of conspiracy? What is the relationship between conspiracy and freedom of speech?
The federal government and state governments have made conspiracy a crime in order to prevent crimes and to strike against criminal activity by groups, allowing police to arrest conspirators before the crime has been completed. Critics of the conspiracy laws have argued that use of the conspiracy statutes to prevent public speech about certain laws violates freedom of speech. For example, the use of conspiracy statutes to prosecute individuals during the Vietnam War who spoke publicly to young men about how to avoid the draft was viewed by some as a violation of free speech.
Explain why the same criminal penalties should be given to an accessory before the fact, the principal, and the accomplice, but not to the accessory after the fact
The first three parties to the crime - accessory before the fact, principal, and accomplice - are part of either planning or participating in the original crime. The accessory after the fact is unaware of the crime before it took place, but helps the criminals after the crime is over. Accessories after the fact should be punished, but not to the level of those involved in the actual crime.
A guilty state of mind is different from motive
True
Inchoate crimes are crimes that take place before or in preparation for committing a crime.
True
The punishment is usually the same for the principal, the accomplice, and the accessory before the fact, but not the accessory after the fact.
True
In one state, assault in the first degree occurs when a person with intent to inflict great bodily harm administers, exposes, or transmits the HIV virus. Tim knows that he has AIDS, and he is angry at the world. He decides to have sex with as many people as possible so that they too can be infected. Tim then has unprotected sex with Gina, and Gina get AIDS from this contact. Has Tim committed assault in the first degree? Give your reasons.
Under the facts given, Tim has committed assault in the first degree. The elements of the crime require that Tim have the intent to inflict great bodily harm. The facts show that Tim had that intent. He also transmitted the virus to Gina. All elements, including the intent, are present. In addition, there may be a civil tort of battery.
In one state, assault in the first degree occurs when a person with intent to inflict great bodily harm administers, exposes, or transmits the HIV virus. Knowing that he has AIDS, Tim has unprotected sex with Gina. Gina does not contract HIV and does not get AIDS. Has Tim committed assault in the first degree? Give your reasons.
Under the facts given, Tim has not committed assault in the first degree. The elements of the crime require that Tim have the intent to inflict great bodily harm. The facts do not show that Tim had that intent. He did, however, expose Gina to the HIV virus. All elements, including intent, must be present for a crime to have taken place. Tim's actions may be a civil tort for the failure to warn Gina of the risk of getting AIDS. If Tim had warned Gina, and she consented to unprotected sex, then there is neither criminal nor civil liability.
In one state, assault in the first degree occurs when a person with intent to inflict great bodily harm administers, exposes, or transmits the HIV virus. Knowing that he has AIDS, Tim has unprotected sex with Gina, and Gina get AIDS from this contact. Has Tim committed assault in the first degree? Give your reasons.
Under the facts given, Tim has not committed assault in the first degree. The elements of the crime require that Tim have the intent to inflict great bodily harm. The facts do not show that Tim had that intent. He did, however, transmit the HIV virus to Gina. All elements, including intent, must be present for a crime to have taken place. Tim's actions may be a civil tort for the failure to warn Gina of the risk of getting AIDS. If Tim had warned Gina, and she consented to unprotected sex, then there is neither criminal nor civil liability.
What is the mens rea in each of the following situations? a. Jane steals a calculator from her friend's backpack during lunch. b. Tom leaves a loaded gun by his bed and his 3-year-old brother Fred picks up the gun and kills himself. c. Garrett drives his motorcycle at 100 mph on a country road and causes a serious accident in which a person is killed. d. Janet drives her truck which has pieces of metal siding that are not tied down properly. One piece of metal siding slips out of the truck and hits the windshield of the driver behind her. That driver is permanently blinded. e. Nineteen-year old DeeDee drinks orange juice at a neighbor's party, not knowing that there is vodka in the orange drink. DeeDee gets drunk.
a. intentional¶b. reckless¶c. reckless¶d. criminal negligence¶e. no mens rea
I.Sally pleads with Mark to rob a store owner so they can have money for drugs and alcohol.II.Mark refuses to rob the store owner, but he does agree to distract the clerk so Sally can steal the money herself.III.When they commit this crime, two of their friends, Bob and Frieda, watch them. Bob leaves before the police arrive. Frieda stays and tells the police that she heard one of the thieves say, "Let's go to California immediately." This is a lie, but she doesn't want her friends to be caught.IV.The clerk at the store did not report the crime because she was afraid she would lose her job. An anonymous tip actually brought in the police. What role did Frieda play?
accessory after the fact
What role did Mark play in the crime?
accomplice
Sally waits around the corner in the getaway car as her friend Cindy robs a bank. After the robbery, Sally picks Cindy up and they drive off to Mexico. Sally will be charged as a(n)
accomplice.
type of crime sometimes criticized as a threat to First Amendment freedoms
conspiracy
each must be proved by the prosecutor beyond a reasonable doubt to win a conviction
element
any crime for which the potential penalty is imprisonment for more than one year
felony
I.Sally pleads with Mark to rob a store owner so they can have money for drugs and alcohol.II.Mark refuses to rob the store owner, but he does agree to distract the clerk so Sally can steal the money herself.III.When they commit this crime, two of their friends, Bob and Frieda, watch them. Bob leaves before the police arrive. Frieda stays and tells the police that she heard one of the thieves say, "Let's go to California immediately." This is a lie, but she doesn't want her friends to be caught.IV.The clerk at the store did not report the crime because she was afraid she would lose her job. An anonymous tip actually brought in the police. What role did the clerk play?
free of legal accountability
What role did Bob play?
free of legal accountability
examples include intentionally, knowingly, or willfully
guilty state of mind
any crime for which the potential penalty is imprisonment for one year or less
misdemeanor
A person is guilty of a crime of ____________________ if he or she fails to act when there is a legal duty to do so and he or she is capable of performing the required act.
omission
What role did Sally play in the crime?
principal
Adam holds a gun on spectators as Eve empties their pockets of money and valuables. Adam will be charged as a(n)
principal.
Which of the following are examples of preliminary crimes?
solicitation, attempt, and conspiracy
Laura approached Tyrone, an undercover police officer, and asked him to kill her father. Laura is guilty of
solicitation.
A drugstore owner who unknowingly sells alcohol to a minor and is caught would be tried for breaking the law based on ____________________.
strict liability