CRIMINAL LAW

AGENDA
Intro to Criminal Law

Should it be a Crime Poll

Elements of a Crime

Mens Rea
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?
WHY DO WE HAVE CRIMINAL
LAW?
Safety
Encourage good behavior
Protection
Equality
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.
SOURCES OF CRIMINAL LAW
Common Law: Old English
Crimes.

Model Penal Code: 37 States

have adopted this

TPC: Texas Penal Code

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.
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.
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.
HYPO 4
Donald is a used car dealer
who turns back the
odometers on cars he sells.
HYPO 5
Latisha leaves a store with change for a $10 bill after
she realizes that she gave the cashier a $5 bill.
HYPO 6
Rick has a baby boy he has never seen. He does not
pay child support.
HYPO 7
Ron and Loni see someone break into a car and steal
it. They do not report it.
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.
ELEMENTS OF A CRIME
Conduct
Mental State
Attendant Circumstances
Result
“ Motive”
CONDUCT
Act: Bodily movement, whether
voluntary or involuntary, and
includes speech.

Omission: A legal duty is required

for an act of omission ( taxes)

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

RESULT
Bodily Injury

Death

Not every Crime has this element

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

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?
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
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
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.
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?