犯罪行为和犯罪心态.ppt

CONCURRENCE 同时发生 Example: Assume simple battery is defined as the intentional causing of minor bodily harm, and aggravated battery is defined as the intentional causing of grievous bodily harm. D gets into a minor scuffle混战 with V, intending merely to hit him lightly on the chin. But V turns out to have a “glass jaw,” which is fractured断裂 by the blow殴打. D will not be held guilty of aggravated battery, just simple battery, since his intent was only to produce that lesser degree of injury required for simple battery. * * On July 4, Dr. Evil firmly decides to do away with (弄死) Austin Powers by killing him with a super-sonic (超声波) freeze gun. He plans to commit the crime on July 5. For this part only, assume that during the night of July 4-5, Dr. Evil has a dream in which he is damned to hell. On the morning of July 5, he wakes up with a change of heart, and no longer plans to kill Powers. Later that day, while he is walking down the street with his supersonic freeze gun, he happens to pass Powers. He is so startled (震惊) that he reflexively (反射地) and unintentionally squeezes (挤压) the trigger of the gun, and it goes off, freezing Powers to death. Q:Is Dr. Evil guilty of murder? A:no * * Same facts as above, except that Dr. Evil does not have the dream or the change of heart. He plans to kill Powers at Powers’ home at 8:00 pm using the freeze gun. At 5:30 pm, while Dr. Evil is en route(在途中) to his favorite restaurant with the gun in hand, Powers passes by. Dr. Evil is so startled that he reflexively squeezes the trigger and the gun goes off, freezing Powers to death. Q:Is Dr. Evil guilty of murder? A:NO * * Guy Fawkes goes to the corner bar and says to himself, “I’m going to drink until I’m completely smashed喝醉, and then I’m going to stagger摇晃 drunkenly around town until they lock me up.” he drinks until, as he knows, he’s completely smashed. He then leaves the bar and wanders around drunkenly. At one point, he stops to light a cigarette, drops the match, and burns dow