An An Introduction toIntroduction to Crimes and Crimes and Criminal Criminal

LawLawChapter 8Chapter 8

Goals and ObjectivesGoals and Objectives

Introduce, become familiar with, and Introduce, become familiar with, and be able to work with some of the be able to work with some of the major factors and terminology major factors and terminology involved in crimes.involved in crimes.Elements and Factors of CrimesElements and Factors of CrimesClasses of CrimesClasses of CrimesParties of CrimesParties of Crimes

Definition of a CrimeDefinition of a Crime

Crime: an act against society for Crime: an act against society for which a penalty has been set.which a penalty has been set.MurderMurder ConspiracyConspiracyAbuseAbuse Aiding and AbettingAiding and AbettingAssault and BatteryAssault and Battery SpeedingSpeedingTheftTheft ForgeryForgeryArsonArson BurglaryBurglaryRobberyRobbery Traffic Traffic

ViolationsViolationsDUIDUI FraudFraudEtc.Etc.

Two Essential ElementsTwo Essential Elements of of CrimesCrimes

1.1. Act: Act: something illegal must be donesomething illegal must be done The Act can be a criminal and civil The Act can be a criminal and civil

wrongwrong Paul purposely sets fire to Tamika’s storePaul purposely sets fire to Tamika’s store State files criminal charges against Paul State files criminal charges against Paul

for arsonfor arson Tamika may also bring a separate civil Tamika may also bring a separate civil

action (lawsuit) against Paul to recover action (lawsuit) against Paul to recover the damages to her store.the damages to her store.

2.2. Accountability: The Prohibited Accountability: The Prohibited act act must be done Intentionally, must be done Intentionally, Knowingly, or WillfullyKnowingly, or Willfully

It’s a State of Mind!!It’s a State of Mind!! Carelessness does not general make Carelessness does not general make

accountabilityaccountability Meredith forgot to turn off the stove, Meredith forgot to turn off the stove,

apartment building burns down: not arsonapartment building burns down: not arson One Must Know what they are doing is One Must Know what they are doing is

illegalillegal

Other FactorsOther Factors involved in Crimes involved in Crimes Various Factors Effect the SEVERITY of a CrimeVarious Factors Effect the SEVERITY of a Crime Motive: the reason WHY the act was performedMotive: the reason WHY the act was performed

Not a requirement of a crime but Not a requirement of a crime but can effect the severity can effect the severity of the crimeof the crime

Vehicular death: DUI, fell asleep, road rage, ran over your Vehicular death: DUI, fell asleep, road rage, ran over your EX EX

Robin HoodRobin Hood

Strict liability: acts so severe they do not require Strict liability: acts so severe they do not require it to be Knowingly and Intentionallyit to be Knowingly and Intentionally

The act itself is criminal, regardless of the knowledge or The act itself is criminal, regardless of the knowledge or intent of the person who committed the actintent of the person who committed the act

Sell alcohol to minorsSell alcohol to minors (whether you know they’re a minor (whether you know they’re a minor or not)or not)

Statutory Rape Statutory Rape (even if you think they’re an adult)(even if you think they’re an adult) Parking ViolationsParking Violations

Generally Applies to preventative measures with larger Generally Applies to preventative measures with larger issuesissues

Final Factors to ConsiderFinal Factors to Consider Aggravating CircumstancesAggravating Circumstances

Factors that might increase the Factors that might increase the seriousness of the crimeseriousness of the crime

Premeditation –act was thought-out prior Premeditation –act was thought-out prior to it being committedto it being committed

Robbery while high and with a gunRobbery while high and with a gun A gruesome and horrendous murderA gruesome and horrendous murder 55thth arrest for the same crime arrest for the same crime

Mitigating CircumstancesMitigating Circumstances Factors that lessen the seriousness of the Factors that lessen the seriousness of the

crimecrime Crimes of Passion –act was an Crimes of Passion –act was an emotional emotional

reactionreaction to a difficult situation to a difficult situation First time offenderFirst time offender JuvenilesJuveniles History of being abusedHistory of being abused Economic and home situationEconomic and home situation

Stupidity doesn’t count!

The Burden of ProofThe Burden of Proof In Criminal Law In Criminal Law the Government the Government

ProsecutesProsecutes (accuses and tries in court) (accuses and tries in court) individuals who commit crimesindividuals who commit crimes Local Prosecutor represents the GovernmentLocal Prosecutor represents the Government

John Doe v. State of MissouriJohn Doe v. State of Missouri Individual citizens do NOT prosecute each otherIndividual citizens do NOT prosecute each other

Defendants are Defendants are Presumed Innocent until Presumed Innocent until Proven GuiltyProven Guilty

The The Government must “Prove beyond a Government must “Prove beyond a reasonable doubt”reasonable doubt” that every element of that every element of the crime was committed as they claimthe crime was committed as they claim The Government must have sufficient evidence The Government must have sufficient evidence

that no “reasonable person” would doubt that no “reasonable person” would doubt that that the crime was committed as the government the crime was committed as the government claims it was.claims it was.

If the government cannot If the government cannot “prove beyond a “prove beyond a reasonable doubt” thenreasonable doubt” then the accused must be set the accused must be set freefree

Anton is a bully.Anton is a bully. One night while eating at a One night while eating at a local drive-in, he notices Derek selecting a local drive-in, he notices Derek selecting a tune on the jukebox. To impress his tune on the jukebox. To impress his girlfriend, Anton orders Derek to sing along girlfriend, Anton orders Derek to sing along with the record. When Derek refuses, with the record. When Derek refuses, Anton Anton punches him in the face, breaking Derek’s punches him in the face, breaking Derek’s jawjaw. As a result of the injury, Derek misses . As a result of the injury, Derek misses several weeks of work and has to pay both several weeks of work and has to pay both medical and dental bills.medical and dental bills.

Has Anton violated criminal law?Has Anton violated criminal law? Who decides whether Anton should be charged Who decides whether Anton should be charged

criminally?criminally? What should Anton be charged with?What should Anton be charged with? What evidence will the Prosecution likely present?What evidence will the Prosecution likely present? What would be an appropriate sentence if he were What would be an appropriate sentence if he were

found guilty?found guilty? Determine each of the followingDetermine each of the following

Motive:Motive: Aggravating CircumstancesAggravating Circumstances Mitigating CircumstancesMitigating Circumstances

Classes of CrimesClasses of Crimes

Felony –potential penalty is Felony –potential penalty is imprisonment for more than one yearimprisonment for more than one year

More serious crimesMore serious crimes Misdemeanor –potential penalty is Misdemeanor –potential penalty is

imprisonment for one year or lessimprisonment for one year or less Less serious crimesLess serious crimes Minor traffic violations (really are Minor traffic violations (really are

misdemeanors but treated differently)misdemeanors but treated differently) Penalties includes tickets and finesPenalties includes tickets and fines Minor Offenses such as speeding, failing to Minor Offenses such as speeding, failing to

signal, etc.signal, etc.

Federal and State CrimesFederal and State Crimes(know some examples)(know some examples)

Some cases can only be tried in a State CourtSome cases can only be tried in a State Court unless they occur on federal property (national unless they occur on federal property (national park)park) Simple assaultSimple assault Traffic ViolationTraffic Violation Disorderly conductDisorderly conduct BatteryBattery Drunk drivingDrunk driving VandalismVandalism ShopliftingShoplifting ManslaughterManslaughter

Some cases can only be prosecuted in Federal Some cases can only be prosecuted in Federal CourtsCourts Failure to pay taxesFailure to pay taxes Maritime Law (seas)Maritime Law (seas) Mail fraudMail fraud Trusts/MonopoliesTrusts/Monopolies EspionageEspionage Counterfeiting CurrencyCounterfeiting Currency International smugglingInternational smuggling

Some crimes can violate state and federal law Some crimes can violate state and federal law and can be prosecuted in either state or and can be prosecuted in either state or federal courtfederal court Illegal possession of controlled substances (drugs)Illegal possession of controlled substances (drugs) Bank robberyBank robbery MurderMurder

Parties to a CrimeParties to a Crime

Principal –the person who commits a crimePrincipal –the person who commits a crime Accomplice –someone who helps another person Accomplice –someone who helps another person

commit a crimecommit a crime May be charged and convicted of the same crime as the May be charged and convicted of the same crime as the

PrincipalPrincipal Accessory Before the Fact Accessory Before the Fact –person who orders a –person who orders a

crime orcrime or helps the principal plan it but is not helps the principal plan it but is not present when it is committedpresent when it is committed

Usually can be charged with the same crime Usually can be charged with the same crime and and punishment as the principalpunishment as the principal

Accessory After the Fact –person who later learns Accessory After the Fact –person who later learns the crime has been committed and helps the the crime has been committed and helps the principal principal and accomplice escape or avoid captureand accomplice escape or avoid capture

Charged with harboring a fugitive, aiding in an escape, Charged with harboring a fugitive, aiding in an escape, or obstructing justiceor obstructing justice

Parties to a Crime: ExampleParties to a Crime: ExampleJoeJoe and and MaryMary decide to burglarize Superior Jewelers. decide to burglarize Superior Jewelers. Their friend Their friend CarlCarl, an employee at Superior, helps by , an employee at Superior, helps by telling them the location of the store vault. Mary telling them the location of the store vault. Mary drives a van to the store and keeps lookout while Joe drives a van to the store and keeps lookout while Joe goes inside and cracks the safe. Joe later meets a goes inside and cracks the safe. Joe later meets a friend, friend, FredFred, who was not involved beforehand. Fred , who was not involved beforehand. Fred is told about the burglary and helps Joe get a train is told about the burglary and helps Joe get a train out of town. out of town. DavidDavid, a former classmate of Joe and , a former classmate of Joe and Mary’s, witnesses the crime but doesn’t tell the Mary’s, witnesses the crime but doesn’t tell the police, even though he recognizes both Joe and Mary.police, even though he recognizes both Joe and Mary.

Which Party is each person and how will they be charged?Which Party is each person and how will they be charged? Joe –principal, burglaryJoe –principal, burglary Mary –accomplice, burglaryMary –accomplice, burglary Carl –accessory before the fact, burglaryCarl –accessory before the fact, burglary Fred –accessory after the fact, harboring a fugitive and aiding Fred –accessory after the fact, harboring a fugitive and aiding

the escapethe escape DavidDavid -accessory after the fact, obstructing justice-accessory after the fact, obstructing justice

Questions and ReviewQuestions and Review

Introduce, become familiar with, and Introduce, become familiar with, and be able to work with some of the be able to work with some of the major factors and terminology major factors and terminology involved in crimes.involved in crimes.Elements and Factors of CrimesElements and Factors of CrimesClasses of CrimesClasses of CrimesParties of CrimesParties of Crimes

Your Task:Your Task: You are the Prosecution. You are to You are the Prosecution. You are to decide who you will prosecute in this case (if any) and decide who you will prosecute in this case (if any) and list your reasons for your decision. Draw up the formal list your reasons for your decision. Draw up the formal charges against those you will accuse including charges against those you will accuse including 1. the 1. the charge, 2. what party to the crime they are, and 3. charge, 2. what party to the crime they are, and 3. a a well written explanation/justification of why you are well written explanation/justification of why you are charging themcharging them. Your formal charges will be used by the . Your formal charges will be used by the Grand Jury in deciding whether the trial will be held. If Grand Jury in deciding whether the trial will be held. If you are not charging a certain individual then you must you are not charging a certain individual then you must also give your explanation why. Be creative as you also give your explanation why. Be creative as you come up with your charges and justifications. come up with your charges and justifications. Remember this is CompetitiveRemember this is Competitive

Legal Teams -analysisLegal Teams -analysis

Allen: charge/no charge, party, Allen: charge/no charge, party, justificationjustification

Betty: charge/no charge, party, Betty: charge/no charge, party, justificationjustification

Chin: charge/no charge, party, Chin: charge/no charge, party, justificationjustification

Doris: charge/no charge, party, Doris: charge/no charge, party, justificationjustification