NCJ Number
60206
Date Published
1979
Length
6 pages
Annotation
BASIC PRINCIPLES OF CRIMINAL LAW (CRIMINAL LAW DEFINED, CRIMINAL INTENT, AND PARTIES TO A CRIME) ARE DISCUSSED IN THIS 'TRAINING KEY' FOR POLICE OFFICERS.
Abstract
A CRIME IS DEFINED AS 'ANY ACT OR OMISSION PROHIBITED BY PUBLIC LAW FOR THE PROTECTION OF THE PUBLIC, AND MADE PUNISHABLE BY THE STATE IN A JUDICIAL PROCEEDING IN ITS OWN NAME.' THE BASIC ELEMENTS OF A CRIME ARE AN ACT OF OMISSION, PROHIBITIONS, AND PUNISHMENT. 'GENERAL CRIMINAL INTENT' REFERS TO THE STATE OF MIND ESSENTIAL TO A CRIME. CRIMINAL INTENT IMPLIES THAT THE ACCUSED ACTED, OR FAILED TO ACT, CONTRARY TO THE LAW VOLUNTARILY WITH DETERMINATION OR FORESIGHT OF THE CONSEQUENCES. SOME CRIMES REQUIRE THE MENTAL STATE OF 'SPECIFIC INTENT,' A MENTAL STATE MORE PARTICULAR THEN 'GENERAL CRIMINAL INTENT.' NOT ONLY ARE AN EXTERNAL ACT AND AN INTERNAL MENTAL STATE ESSENTIAL FOR A CRIME TO BE COMMITTED, BUT INTENT AND ACT MUST OCCUR SIMULTANEOUSLY FOR A CRIME TO BE COMMITTED. FURTHER, CRIMINAL LIABILITY REQUIRES THAT A CAUSAL RELATIONSHIP BE ESTABLISHED BETWEEN THE CRIMINAL HARM DONE AND THE ACCUSED'S CONDUCT. IN ADDITION TO AN ACT AND MENTAL STATE OCCURRING SIMULTANEOUSLY TO PRODUCE CRIMINAL HARM, OTHER CONSIDERATIONS PRESENT IN CRIMINAL INVESTIGATIONS ARE MOTIVE, CORPUS DELICTI, AND STATUTE OF LIMITATIONS. THE PROMINENCE OF A PERSON'S ROLE IN THE COMMISSION OF A CRIME DETERMINES THE DEGREE OF CULPABILITY. CATEGORIES OF POSSIBLE ROLES ARE AS FOLLOWS: (1) 'PRINCIPAL IN THE FIRST DEGREE'; (2) 'PRINCIPAL IN THE SECOND DEGREE' (KNOWS THAT A FELONY IS BEING COMMITTED, AND GIVES AID, ASSISTANCE, OR ENCOURAGEMENT TO THE PRINCIPAL); (3) 'ACCESSORY BEFORE THE FACT' (PROVIDES ASSISTANCE TO THE PRINCIPAL IN THE FIRST DEGREE BEFORE THE ACT); AND (4) 'ACCESSORY AFTER THE FACT,' (KNOWS THAT A PERSON HAS COMMITTED A FELONY, SUBSEQUENTLY AIDS THE FELON TO ESCAPE OR TRIES TO PREVENT HIS ARREST AND PROSECUTION. A DISCUSSION GUIDE AND QUIZ ON THE MATERIAL PRESENTED ARE PROVIDED. (RCB)