Principles of Criminal Law (6,7, and 8)

Four Parties to a Crime

1. Principals in the First Degree

2. Principals in the Second Degree

3. Accessories Before the Fact

4. Accessories After the Fact

Accomplices

People involved before and during the crime

Accessories

People involved after the crime

Accomplice Liability

Act must aid, abet, encourage, or command the other parties for the crime

Mere Presence Rule

Being present and watching does not satisfy the Actus Reus of the Accomplice Liability

Dual Intents

1. Level: Purposely

2. Type: Specific — A certain outcome

Natural and Probable Consequence Doctrine

If someone abets, encourages, or aids in a crime, then they will be held liable for any crimes that follow the natural consequence that happens as an accomplice

Elements of Accessories After the Fact

1. Commission of a Completed felony

2. Accessory has to have knowledge that the felony was committed

3. Accessory must take affirmative steps to hinder the felons’ steps. hide the felon, and provide false information about the felon to police

Do we treat Accessories as harshly as the Principal?

No, accessories get less punishment

Vicarious Liability (Criminal and Civil)

Holding a person, business, or agency liable for the criminal actions of another person

Strict Liabilty

Intent does not have to be proven, only the act occurred as to be proven

Corporate Liability

Holding corporations or a higher individual liable or accountable

Tests for Corporate Lability

1. Responsibility of Superior *Illinois

• Responsibility can be shifted even if policy was broken. the action wasn’t known and if it benefits the company

2. Model Penal Code

• The act has to be agreed to, commanded, requested and recklessly tolerated by higher ups

Automobile Owners

When the owner’s identity doesn’t matter, the offense is still filed *Someone driving your car and they get a ticket

Parental Responsibility Laws

Parents or legal guardians are financially liable for the willful or malicious acts of their unemancipated minor children that cause personal injury or property damage “Juvenile’s Delinquent Acts”

Social Host Liability Laws

Holds any adult liable for providing liquor in the home in case any accidents and injuries occur

Teen Party Ordinances

Criminal for adults to host parties for minors where alcohol is served

Inchoate Crime

Intent, accompanied by a significant step towards the commission of the crime

Attempt

An unsuccessful effort to commit a crime

Merges, while Conspiracy and Solicitation do not

Conspiracy

Two or more people planning a crime with one person taking steps to commit the crime

Solicitation

• To persuade, pressure, or hire someone to commit a crime

• Are you guilty if the person you are recruiting says no?

  • Model Penal Code says that statement must reach intended target to be a crime (NO, NOT GUILTY)

    • Illinois laws say that the statement can be intercepted (YES, STILL GUILTY)

Complete Attempt

Every step needed to commit the crime has been taken, but there was failure to commit the crime

Incomplete Attempt

Individual involuntary stops, abandons, or is prevented from committing a crime

Impossible Attempt

When the individual makes a mistake while committing a crime and the mistake prevents the completion of the crime

Elements of Criminal Attempt

1. Intent

2. Act

3. Failure

Objective Legal Test

Evaluates conduct, knowledge, or intent by measuring it against a hypothetical reasonable person, rather than a specific individual's private thoughts or feelings

Subjective Legal Test

Evaluates a situation based on a specific individual's actual, personal state of mind, thoughts, beliefs, knowledge, or intentions at a given moment

Physical Proximity Test

• Objective

• How close you are to doing the crime

• Longest wait time for arrest (one to two steps left of prep needed)

Unequivocal Test

• Subjective

• Intent and Preparation

• Allows police to intervene early

Substantial Step Test

• Objective

• Illinois uses this

• Police can intervene even earlier then Unequivocal, but later than Physical Proximity

• EXAMPLES (Following, scoping out, convincing victim to meet somewhere, and breaking into restricted areas)

Factual Impossibility

• Is still a crime under Impossible Attempt

• Not a legal defense

Legal Impossibility

• Is not a crime under Impossible Attempt

• Is a legal defense

• EXAMPLE (Drinking when the age is legal)

Inherent Impossibility

• Rare situation when the individual intends to commit and preps, but cannot complete the crime

• Is a legal defense

Abandonment

Individua of free-will abandons the crime they intended to commit

Affirmative Defense

• Individual chooses to abandon the crime freely *Freely and Voluntarily abandoned the crime

• Presenting Alternative Facts

Bilateral Parties

• In Illinois

• Requires proof of both parties having the intent for the crime

Unilateral Parties

Requires proof of only one party having the intent for the crime, but conspiracy can still be charged

Chain Conspiracy

• Goes from one person to another

• Individuals are DEPENDENT

• EXAMPLES (Drug or Human Trafficking)

Wheel Conspiracy

• Has people in the middle or leading the conspiracy and also have people on the outside

• Individuals are INDEPENDENT

• EXAMPLES (Organized Crime or Terrorism)

Burden of Production

The defendant has to tell what defense they on using to their lawyer or defense team

Burden of Persuasion

The defendant has to convince the judge or the jury that the defense chosen is accurate

Excuses

Society says that the crime is wrong, but you would not be held responsible due to a personal disability

Justifications

• Society would approve of the criminal action

• Complete defense

Perfect Defense

Meets all requirements and is not guilty

Imperfect Defense

Does not meet all requirements, but gets less punishment, but is still guilty

Self-Defense

The use of force upon another which is justifiable when you believe such force is immediately necessary to protect yourself from the unlawful force of another person

Necessity/ Imminence

“Present Occasion”

“Chose of Two Evils which is voluntary

Proportionality

Amount of force has to be the same

Retreat to the Wall

When in a conflict, you retreat to the wall to show that you are backing down and away

Stand your Ground

You do not have to walk away or retreat from the conflict

Withdrawal in Good Faith

You clearly abandon the conflict as the initial aggressor without coming back

Tactical Retreat

You abandon the conflict as the initial aggressor, only to retrieve a weapon to further the conflict

Castle Doctrine

While in your home, you do not need to nor have the duty to retreat

Defense of Others

• Reasonable Belief

• Necessity

• Proportionally

Defense of the Home

Most states limit deadly force to only situations where deadly force is reasonably received to be necessary in stopping an intruder from entering when you believe that they intend to commit a felony— Illinois

Make my Day Laws

Authorizes homeowners to use any degree of force when an intruder enters, only if it is a little of physical force given

Protection of Other Property

Can use reasonable and nondeadly force to protect property

Execution of Public Duty

Defense for Law Enforcement when they are accused of wrongfully using deadly force

Tennessee v. Garner (1985)

“Fleeing Felon Rule”

• Cannot use deadly force if the felon does not have a weapon, is not threatening officers or the public and did not commit a violent felony

Graham v. Connor (1989)

“Reasonable Officer Standard”

• Compares officers’ actions to other officers’ actions instead of comparing to citizens’ actions, who do not have the proper training

Resisting Unlawful Arrest

Probable Cause must be greater than 50

American Rule for Resisting Unlawful Arrest

In 12 states

• Society may approve of the resisting primarily in the Southern states of the US

• Reasonable force must be used in order to resist

Model Penal Code Rule for Resisting Unlawful Arrest

In 38 states

• Defendant cannot use force to resist

Cannot use Defense if:

• Problem was created by the defendant

• Harm of criminal act must be less than the harm already created

• Need to show there is no available legal alternative to violating the law

• Cannot be used for Homicide

Economic Necessity

Most states DO NOT allow for economic necessity defenses

Incidental Contact

Touching is done without consent, but incidental

• EXAMPLES (Concerts, Subways, and Close-Knit Spaces)

Sporting Events

Touching is done without consent, but at sanctioned sporting events (Referees are present)

• EXAMPLES (Foul balls and Playing the Sport)

Socially Beneficial Activity

Touching is done without consent, but is needed

• EXAMPLES (Surgery and Medical Operations)