Intro to Criminal Law Test

Principal

Person who commits the crime

Accomplice

Helps the principal commit the crime. Can be charged with the same crime as the principal.

Accessory Before the Fact

Helps principal organize the crime but isn’t there during the crime. Can also be charged with the same crime as the principal.

Accessory After the Fact

A person that knows a crime has been committed and helps the principal avoid capture and arrest and charges. Can be charged with obstructing justice or harboring a fugitive.

Actus Reus

The physical act or conduct that constitutes a criminal offense, required for a crime to occur. Illegal act.

Mens Rea

_{The mental state or intent of a person when committing a crime, necessary to establish culpability. Level of awareness that someone has that they are committing a crime.}

What crimes do not need a guilty state of mind?

Strict Liability Crimes are offenses that do not require proof of mens rea, meaning the defendant can be held liable regardless of intent.

Examples of Strict Liability Crimes

Selling alcohol to minors, statutory rape

Elements of a Crime

Each crime has certain elements to it. At trial, each element must be proven beyond a reasonable doubt in order to convict.

Felonies

Carries the potential prison sentence for more than one year.

Misdemanors

Prison time one year or less.

Crimes of Omission

Failing to act may be a crime when a person has a legal duty to do so. Ex. hit and run

Preliminary Crimes/Inchoate Crime

Behaviors that take place before or in preparation for committing a crime. They require proof of criminal intent but can be punished even if the event never happened.

Solicitation

To ask, advise, command, or urge someone to commit a crime. Does not require crime to have actually happened. Ex, hiring a hitman

Attempt

Accused must have both intended to commit a crime and have taken substantial steps towards it commission. All elements of a crime have been performed, but the person failed to achieve the end result. Ex, attempted murder

Conspiracy

An agreement between two or more people to commit a crime, coupled with the intent to commit the crime and same action or conduct that furthers agreement. Usually comes in form of an overt act. Use overt act to prove conspiracy.