Week 4 Chapters 3 and 4
Week 4 Chapters 3 and 4 CRIJ 1310
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This 3 page Class Notes was uploaded by Janette Torres on Thursday September 17, 2015. The Class Notes belongs to CRIJ 1310 at University of Texas at El Paso taught by Abdollahy Zarandi, Abdolhossein in Fall 2015. Since its upload, it has received 58 views. For similar materials see Fundamentals of Criminal Law in Psychlogy at University of Texas at El Paso.
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Date Created: 09/17/15
CRIJ 1310 Fundamentals of Criminal Law Professor Melinda Lauck Week 4 Chapter 3 Basic Requirements of a Criminal Act Act Reus evil guilty bad Voluntary Acts physical act failed to act even though they had a legal dutyobligation to do so Intent what is happening in your mind at the time of the act conviction possible even when there is no proof the defendant intended to bring about a particular result 0 Fraternity hazing resulting in the death of a pledge student proof the defendant intended to accomplish a speci c result 0 Throwing a rock at a glass window in spite of knowing it is made of glass no harm intended but actor should have known that behavior created a high risk of harm to others 0 Host of a party has high amounts of alcohol to offer but doesn39t take care of the intoxicated people when the party is over substantial or gross deviation from the normal standard of care 0 An empty building owner didn39t comply with the city39s requirements of an empty building such as covering up windows and adding warning signs 0 Less evil one intends to harm one person and instead harms another mere proof that the act was committed is suf cient to convict 0 Sex with a minor 0 Has no mens rea Joinder of Intent and Act Actus reus and Mens rea must be joined in time Plans to murder this week but doesn39t Accidentally kills next week Implicit element of a crime39s Actus Reus considered a voluntary act resulting in harm to society Upon proof of Fact A the court may or must presume Fact B A Driving above speed limit B DUIDWI Chapter 4 lnchoate or Anticipatory Crimes and Criminal Liability CRIJ 1310 Fundamentals of Criminal Law Professor Melinda Lauck Stupid Crimes Robber leaves his own photo at robbery scene A criminal act that goes beyond mere thought but occurs before the substantive criminal act is completed Also called preparatory crimes Attempt 1 A speci c intent to commit a crime plus an act in furtherance of that intent beyond mere preparation a Attempted arson Elements 1 Speci c intent to commit crime 2 Conduct to carry out said intent beyond mere preparation 1 Intent to commit the act or cause result 2 Intent necessary to commit the offense Special problems in Attempt The defense of legal impossibility Act committed which defendant thinks is a crime but isn39t Factual impossibility is not a defense Elements 1 Intent that another commits a crime 2 Asking encouraging or requesting Speci c Intent Crime Crime is complete with the request bad act does not have to be completed Special Problems in Solicitation Complete even if ineffective request Defenses legal act requested withdrawal of request split courts Inchoate Crimes Elements 1 Agreement between 2 or more people 2 Speci c intent 3 Unlawful object unlawful manner 4 Overt act committed in furtherance Special Problems 1 Two or more persons no coconspirators 2 Withdrawal before overt act 3 Liability for coconspirators crimes 4 Duration until objectives completed CRIJ 1310 Fundamentals of Criminal Law Professor Melinda Lauck Promotes or assists in offense 1 Solicits another to commit crime 2 Aids agrees to aid or attempts to aid in planning or committing 3 Duty to prevent and fails to do so Special problems Withdrawal most states require that you make your prior assistance useless in order to use withdrawal as a defense 1 After crime is completed 2 Conceals aids or wards a principal 3 Intends that principal avoids arrest prosecution conviction or punishment Special Problems 1 Failure to report a crime makes you an accomplice if there is a duty to report 2 Lack of purpose to impede law enforcement charityreligion