Transcript
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even though criminal law interests
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everyone and it’s something everybody
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will deal with at least once a lot of
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people don’t know very much about it
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here if you basic concepts that might
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help but where though this isn’t legal
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advice just a general explanation let’s
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start with the two most basic elements
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of aiding crime first mens rea a’ now
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mens rea is not as it sounds some sort
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of manly death-ray mens rea ax is Latin
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for guilty mind to commit a crime you
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have a particular state of mind when you
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act obvious right let’s use an example
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if you commit a criminal act like bank
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robbery but you’re sleepwalking then you
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didn’t act with a guilty mind and so you
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didn’t commit a crime you have to act
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with the guilty mind at the exact time
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of the criminal act so if you decided to
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murder someone but on your way there
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you’re not paying attention and you hit
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them with your car that’s not murder
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because even though you had a bad act
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and a guilty mind you didn’t have the
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guilty mind when you did the bad act you
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were thinking about something else
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enactus Reyes is just a fancy word for a
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criminal act can’t commit a crime
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without action but even if you want to
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commit a crime you may not actually be
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successful this is called an attempt an
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attempt is a special crime that requires
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two things be present first the guilty
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mind or the intent to commit a crime
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second enact something significant
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enough that the attempter is showing
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they really want to commit the crime but
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not actually committing the entire crime
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the world is full of criminals who
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didn’t quite pull it off for all kinds
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of reasons the difference in the
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criminal act is the important part if
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you committed the whole act it wouldn’t
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be attempted robbery it would just be
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robbery
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for example grabbing a purse but not
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actually taking it would be a big enough
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act to be in attempts but touching a
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person passing while you think about
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possibly grabbing it
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would not be enough even though you were
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thinking about it
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so it’s important not to jump the gun on
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stopping and attempt having the intent
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is still important you can’t come in an
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attempt because you’re being reckless or
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not paying attention even if you could
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commit the underlying crime that way so
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while you can recklessly commit
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manslaughter
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you can’t recklessly attempt
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manslaughter
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you can’t recklessly attempt to commit
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any crime for that matter it might be
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another crime but not attempts because
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you have to intend to commit a crime for
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an attempt to take place and there you
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have it
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you