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What does the Latin term “mens rea” mean?
Mens rea means “guilty mind.” It refers to the mental state or intent of a person when committing a crime.
What is the difference between state and federal criminal laws?
State criminal laws deal with crimes that violate state statutes and are prosecuted in state courts.
while federal criminal laws deal with crimes that violate federal statutes and are prosecuted in federal courts.
Who is an accomplice?
An accomplice is someone who helps the principal commit a crime—for example, the person who drives the getaway car during a robbery.
What crimes can an accessory after the fact be charged with?
They can be charged with crimes such as harboring a fugitive, aiding an escape, or obstructing justice—not the original crime.
What is meant by a “substantial step” in an attempted crime?
A “substantial step” is an action that goes beyond mere preparation and clearly shows the intent to commit the crime.
What are strict liability offenses?
Strict liability offenses are crimes that do not require a guilty state of mind.
The act itself is illegal, even if the person didn’t know or intend to break the law.
What are the two main classes of crimes?
The two main classes of crimes are felonies and misdemeanors.
Can an accomplice be charged with the same crime as the principal?
Yes.
What is a crime of omission?
A crime of omission occurs when a person fails to perform an act required by criminal law, even though they are physically able to do so.
What is meant by a “substantial step” in an attempted crime?
A “substantial step” is an action that goes beyond mere preparation and clearly shows the intent to commit the crime.
What are the “elements of a crime”?
The elements of a crime are the specific parts or facts that must be proven in court to convict someone.
If even one element is missing, the person can’t be found guilty of that crime.
What is a felony?
A felony is any crime for which the potential penalty is imprisonment for more than one year; it is considered a more serious crime.
What is an accessory before the fact?
An accessory before the fact is a person who orders a crime or helps the principal commit it but is not present during the crime.
What are preliminary crimes?
Preliminary crimes are actions that occur before or in preparation for committing another crime, such as attempt, solicitation, and conspiracy.
What is a conspiracy?
A conspiracy is an agreement between two or more people to commit a crime, combined with
the intent to commit the crime and, in most states, an action that furthers the agreement.
What must a prosecutor prove to convict someone of a crime?
A prosecutor must prove beyond a reasonable doubt that the person had the required
guilty state of mind and committed all the elements of the crime.
What is a misdemeanor?
A misdemeanor is any crime for which the potential penalty is imprisonment for one year or less.
Can an accessory before the fact receive the same punishment as the principal?
Yes.
Can a person be punished for a preliminary crime even if the intended crime doesn’t happen?
yes
Why is conspiracy designated as a crime?
It allows police to arrest conspirators before the crime is completed and helps prevent other crimes by targeting organized criminal activity.
What are the elements of robbery?
Taking and carrying away goods or money,
From someone’s person,
By using force or intimidation.
Who is the principal in a crime?
The principal is the person who actually commits the crime—for example, the person who fires the gun in a murder.
What is an accessory after the fact?
An accessory after the fact is someone who, knowing a crime has been committed, helps the
The principal or accomplice avoids capture or escape.
What does solicitation mean in criminal law?
Solicitation is the act of asking, urging, advising, or commanding another person to commit a crime.
What is an overt act in relation to conspiracy?
An overt act is an open action that furthers the conspiracy. It must occur after the agreement but does not need to be illegal.