Duty Calls!
What does legal duty mean?
A legal responsibility to follow the law.
What does violation of duty mean?
Breaking a legal duty through prohibited conduct or a legally significant failure to act.
What is criminal intent?
The mental state required for a criminal offense.
Name the three elements in our DVI review framework.
Duty, violation of duty, and criminal intent.
A detective says, "A person who thinks about stealing something has committed theft, even if they never take anything." What's wrong with this report?
Thinking about stealing does not, by itself, constitute theft. The required criminal conduct must also occur.
A driver must obey posted speed limits. What element does this illustrate?
Legal duty.
A cashier pockets $40 from the register. Identify the violation.
Taking company money without permission.
Someone accidentally picks up an identical backpack. What important element may be missing for theft?
Criminal intent to steal.
A cashier knowingly steals $100. Identify the duty.
The duty not to steal money belonging to the business.
A detective says, "A person who accidentally receives someone else's package and immediately reports the mistake is guilty of stealing it." Correct the report.
Accidentally receiving a package does not automatically establish theft. There is no evidence the person intended to steal it.
An employee must not take company money without permission. Identify the legal duty.
The duty not to steal another person’s or business’s property.
A person intentionally smashes a store window. Identify the violation.
Intentionally damaging someone else’s property.
An employee knowingly changes prices to help a friend steal merchandise. What shows intent?
The employee deliberately manipulated the prices to help the friend.
A driver deliberately keeps a customer’s package to sell. Identify the violation and intent.
Violation: unlawfully keeping the package. Intent: knowingly taking it to sell for personal gain.
A detective says, "A person who steals something worth only $2 hasn't committed a crime because the item wasn't expensive." What's wrong?
Stealing can be a crime regardless of how little the item is worth. Value may affect the severity of the charge.
A business owner must submit legally required tax payments. Which element does this represent?
Legal duty.
An employee creates fake refunds and keeps the money. What is the violation?
Making fraudulent transactions and taking the refund money.
Does criminal intent always mean wanting to physically hurt someone?
No. Crimes such as theft can involve intent without an intention to physically injure anyone.
A student accidentally damages a classmate’s laptop. What important question should investigators ask?
Whether the student had the mental state required for a criminal property-damage offense.
A detective says, "A person who helps a friend commit a crime cannot be charged because they didn't personally carry out the illegal act." Correct the report.
A person who knowingly assists in committing a crime may also face criminal responsibility, depending on their actions and the law.
Can failing to do something be criminal? Explain.
Yes. When a law imposes a duty to act, failing to perform that duty can be an element of a criminal offense.
A delivery driver takes a customer’s package home to sell. What legal duty was violated?
The duty not to steal or unlawfully keep another person’s property.
Can someone commit a crime without intending the harmful result?
Yes. Some offenses require recklessness or criminal negligence, and certain offenses impose strict liability.
An employee creates a fake $300 refund and deposits the money into their account. Explain DVI.
Duty: not to steal or defraud. Violation: creating a false refund and taking money. Intent: knowingly doing so for personal gain.
A detective says, "A person who drives recklessly and seriously injures someone cannot be charged because they never intended to hurt anyone." What's wrong?
Some crimes require recklessness rather than an intent to cause injury. A person may face criminal charges if their conduct satisfies the applicable offense's requirements.