Why do we have crime? Why do we have crime? Certain people/classes of people are viewed to be more likely to become victims of crime or committing a crime. Why do you think that is? What factors contribute to that?

1. CRIMINAL LAW

2. AGENDA
Intro to Criminal Law
Should it be a Crime Poll
Elements of a Crime
Mens Rea

3. CRIME
Why do we have crime?
Why do we have crime?
Certain people/classes of
people are viewed to be more
likely to become victims of
crime or committing a crime.
Why do you think that is?
What factors contribute to
that?

4. WHY DO WE HAVE CRIMINAL
LAW?
Safety
Encourage good behavior
Protection
Equality

5. WHAT IS CRIME?
What is your definition of
crime?
A crime is an act or
omission that society deems
punishable by fine,
probation, or prison time.

6. SOURCES OF CRIMINAL LAW
Common Law: Old English
Crimes.
Model Penal Code: 37
States have adopted this
TPC: Texas Penal Code

7. HYPO 1
Dwayne sells marijuana out of his home,
but only to people over 21 years of age. He
uses the earnings to support his family.

8. HYPO 2
A factory dumps its toxic
chemicals into a nearby
stream killing all the local
catfish. People who
consume fish from the
contaminated river are at a
higher risk for cancer.

9. HYPO 3
After staying-up all night
to care for her sick
grandmother, Liz falls
asleep at the wheel on her
way to work. She crashes
into a car killing a 25
year-old man and his
daughter.

10. HYPO 4
Donald is a used car
dealer who turns back
the odometers on cars
he sells.

11. HYPO 5
Latisha leaves a store with change for a $10
bill after she realizes that she gave the
cashier a $5 bill.

12. HYPO 6
Rick has a baby boy he has never seen. He
does not pay child support.

13. HYPO 7
Ron and Loni see someone break into a car
and steal it. They do not report it.

14. HYPO 8
Ming plans to rob a convenience store with
his friend and serve as a look-out person.
After dropping his friend off at the store, he
decides not to serve as the look-out.
During the robbery, the store clerk is shot
and killed by Ming’s friend.

15. ELEMENTS OF A CRIME
Conduct
Mental State
Attendant
Circumstances
Result
“ Motive”

16. CONDUCT
Act: Bodily movement,
whether voluntary or
involuntary, and includes
speech.
Omission: A legal duty is
required for an act of
omission ( taxes)
Possession

17. CONDUCT HYPO
(a) A person commits an offense if, without the effective consent of
the owner:
(1) he intentionally or knowingly damages or destroys the tangible
property of the owner;
Damages or Destroys

18. ATTENDANT
CIRCUMSTANCES
Circumstances that must exists
surrounding the nature of the conduct or
the result

19. ATTENDANT
CIRCUMSTANCES HYPO
(a) A person commits an offense if, without the effective consent of
the owner:
(1) he intentionally or knowingly damages or destroys the tangible
property of the owner;
Without effective consent from owner; tangible property

20. RESULT
Bodily Injury
Death
Not every Crime has this
element

21. RESULTS HYPO
(a) A person commits an offense if, without the effective consent of
the owner:
(1) he intentionally or knowingly damages or destroys the tangible
property of the owner;
Damages or Destroys property

22. MENS REA
Mental State
Level of awareness the actor has when performing the act
Q: Arson calls for intentionally burning property. Tommy forgot to
turn off the stove and burned his neighbor’s house down. Would he
be guilty of Arson?

23. MENS REA HYPO
(a) A person commits an offense if, without the effective consent of
the owner:
(1) he intentionally or knowingly damages or destroys the tangible
property of the owner;
Intentionally or Knowingly

24. TPC MENS REA LEVELS
Intentionally: it is the actor’s conscious objective or desire to engage
in the conduct or result
Knowingly: The actor is aware that his conduct is reasonably certain
to cause the result
Recklessly: The actor is aware of but consciously disregards an
unjustified risk

25. MENS REA HYPOS
 R.J. speeds through the parking lot wanting to hit his boss and injure him. Upon
striking his boss with the car he kills his boss.
 R.J. speeds through the parking lot making a beeline for his boss, hitting him, and
killing him.
 R.J. speeds through a a school zone with no intention of killing anyone but strikes a
child walking across the cross walk in said school zone killing them.

26. STRICT LIABILITY CRIMES
Crimes without an mens rea requirement
Ex: Selling alcohol to a minor, Parking violations, Statutory rape
Why would legislatures not require mens rea for these crimes?