Criminal Responsibility
Warming-up.
What are some of the ways people can help others in the community? Which one is most important?
Why do you think some people like to assist other people?
Some people say that people help others in the community more now than they did in the past. Do you agree or disagree? Why?
Which groups of people generally need most support in a community? Why?
Who do you think should pay for the services that are available to the people in a community? Should it be the government or individual people?
Under what situations would you think of committing a crime?
What are some things people can do to protect themselves from crime?
What are some things that are legal that you personally think should be illegal?
What crimes do you think will decrease in the future?
What crimes do you think will increase in the future?
Read the following text. What Is Criminal Responsibility?
Make sure you understand the meaning of the following words and word-combinations:
to be guilty of a crime
the different mental states
criminal responsibility
a culpable (guilty) mental state
an intentional mental state
a knowing mental state
a wanton or reckless mental state
a negligent mental state
evaluation
liability is
accountability
to be liable for a crime
Criminal Responsibility
What Is Criminal Responsibility?
Carl is driving down a busy street when he strikes and kills a pedestrian. Is Carl guilty of a crime? The answer is: it depends. In order to convict Carl of a crime, Carl's state of mind at the time of the accident must be evaluated. The concept of criminal responsibility concerns the different mental states related to crimes, the ways in which those mental states are evaluated, and the variety of associated defenses.
The term criminal responsibility refers to a person's ability to understand his or her conduct at the time a crime is committed. In other words, what a person is thinking when he commits a crime, or what result is anticipated or expected when a crime is committed. Laws define crimes in terms of an act or omission (actus reus) and a mental state (mens reus). Criminal responsibility relates to the mental state element of a crime.
Mental States. A culpable (guilty) mental state is a necessary element of every crime. In order to be convicted of a particular crime, there must be proof that the actor (the person engaged in the alleged criminal conduct) possessed the requisite state of mind when the crime was committed.
The mental states covered in this text are: intentional, knowing, wanton (or reckless), and negligent. Keep in mind that these are general definitions that may vary slightly depending on the jurisdiction.
An intentional mental state means that the actor consciously engages in the conduct, or that the actor's conscious objective is to bring about a particular result.
A knowing mental state means that the actor is aware that his or her conduct is criminal, or is aware that his or her conduct will bring about a particular result.
A wanton or reckless mental state means that the actor consciously disregards a substantial risk that his or her conduct will bring about a particular result.
A negligent mental state means that the actor is unaware that his or her conduct is risky or dangerous, but a reasonable person in the same situation would appreciate the risk.
Evaluation. A careful and diligent evaluation of the actor's criminal responsibility is an important element in every criminal trial. Remember - if there's no proof that an actor possessed the requisite mental state at the time a crime was committed, the actor cannot be convicted of that crime.
Liability is the responsibility for a crime and for the penalty society exacts for the crime. Another word for liability is accountability. This explains the cliché that a person who has committed a crime must “pay his/her debt to society.” A crime is viewed as a harm to the society that has cost it something (not necessarily in money terms) and the criminal incurred the debt for that cost. Society accounts for the debt by imposing a penalty upon the criminal, such as prison time.
A person may be found liable for a crime if the prosecution proves that she a) committed the criminal act (such as taking property that was not hers), and b) had the required intent to hold her accountable (such as, for theft, intent to deprive the owner of the property).
There is a difference between crime responsibility and crime liability. There are situations when a person is responsible but not liable which involves incapacity to form criminal intent.
Criminal liability law also recognizes situations in which the person who personally, directly engaged in the criminal act should not be held liable for the crime. Essentially, even though certain people committed a criminal act, they should not be held to account for it. The most obvious example is that of a person who is not guilty of a crime by reason of mental incapacity. Another group exempted from certain criminal liability is minors. The rationale for exempting such individuals from liability is that these people are unable to form the type of intent required to make it fair to hold them to account for the crime.
Questions to discuss.
- Are some parts of this city considered more dangerous than others? Which parts?
- Are there any places you are afraid to visit because of the high crime rate? If so, where?
- Are there problems with drugs where you live?
- Are you apprehensive about walking outside after dark?
- Do you always lock your house? How about your car?
- Do you believe that public executions would deter crime? If so, how?
- Do you drink and drive?
- Do you know anyone who has been mugged?
- What crimes have you heard about recently in the news?
- What do you think is the worst crime a person could commit? Why?
- What do you think of the death penalty?
- What is a gang?
- What gangs exist in this country and in your home country?
- What are the characteristics of these gangs?
- What is the punishment for murder in your country?
- What is the punishment for stealing in your country?
- What kinds of crime are most common in your country? What are the penalties for these crimes?