Chapter 3

Criminal Law

Crime:

An act against the public good.

Classification of Crimes

Felony (Major)– Murder– Burglary– Arson

Misdemeanor (Minor)– Lying about age to buy

alcohol– Leaving the scene of an

accident

Treason:

U.S. Constitution

Confession in open court or testimony of 2 witnesses verifying the same act

Double Jeopardy:

Fifth Amendment

Not tried two times in the same court for the same crime

You can be tried for the same crime in two courts (state/federal)

Elements of a Crime 1.    Criminal Act

A crime must specifically explain the conduct forbidden.

Not acting in some way

Must be volunteering

2.    Required State of Mind

Is specified in the statute

3.    MotiveThis does not prove criminal liability

Defenses to Crimes Insanity

M’Naghten Rule, England 1843

It must be proved that at the time the crime was committed, the defendant was suffering from a mental disease so serious that he/she did not know the nature of the act or did not know the act was wrong.

Entrapment– A law enforcement officer induces a law-

abiding citizen to commit a crime

Defenses to Crimes Cont.

Self-Defense – When persons have good reason to

believe that they are in danger of serious injury or death.

Defense of Family Members – A person uses force to rescue a family

member.

Crimes Against People

Murder  Unlawful killing of another human being with malice

aforethought (evil intent)

•1st Degree: Premeditation, Cruelty

•2nd Degree: If conditions don’t apply

•Felony Murder Rule: any death, which occurs during the commission or

attempt to commit certain felonies, is first- degree murder

Crimes Against People Cont.

Manslaughter

Taking a life without malice or evil intent.

• Voluntary: Intends to kill but does so suddenly as a result of great personal distress

• Involuntary: While committing an unlawful act or recklessness

Crimes Against People Cont.

Kidnapping

  Unlawful removal or restraint of a person

Sex Offenses

  Serious penalties are involved because it is physically, emotionally and psychologically damaging.

Statutes do not specify age of offender.

Assault and Battery

Battery – Unlawful touching of another person

Assault – Attempt to commit a battery

Aggravated Assault and Battery is a felony.

Crimes Against People Cont.

Domestic Violence:

Includes either sex

Hate Crimes:

Includes written language or symbols but not speech

Crimes Against Property

Burglary

  Breaking (opening) and entering with the intent to commit a felony

Larceny

  Unlawful taking and carrying away of personal property with intent to deprive the owner

Petty Larceny(misdemeanor) <$300

Grand Larceny (felony) >$300

Crimes Against Property Cont.

Arson

  The willful and malicious burning of a house or building.

Robbery

  Wrongful taking away (from a person)accompanied with violence or threats.

Embezzlement

  Wrongful taking away of property when you have been entrusted by the owner.

Crimes Against Property Cont.

Vandalism:

Willful or malicious damage to property even if you are just a “lookout”

Shoplifting

Stealing goods from a store

Motor Vehicles:

Drag racing:– Unauthorized racing of two vehicles

Joyriding:– Temporarily taking a vehicle without permission

All people in the vehicle are liable, not just the driver.

Alcohol and Drugs: Alcohol is the most commonly

used drug in the U.S.

Drugs are chemicals that alter the mind or body.

Possession, distribution, or sale are illegal.

Sale is considered more serious than possession

Crimes Against Business Interests

Larceny by False Pretenses (Fraud)

  Taking of someone’s money or property by intentionally deceiving that person.

Forgery

  False making or changing of a writing with the intent to defraud. (Must be a legal effect.)

Crimes Against Business Interests Cont.

Bribery and Extortion

  To pay or give something of value to public officials in order to influence their official activity.

Computer Crimes

  Ex: Identity theft

Sentencing

Fines for lesser offenses.

Imprisonment – Indefinite: Giving a time frame, 5 – 10 – Definite: A set amount of years. 10 years

Death Penalty