Criminal LawCriminal Law

PA 106 – Unit 3

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Civil and Criminal LawCivil and Criminal Law

Major differences:

Civil (Tort) CriminalPreponderance Beyond Reasonable Doubt

Damages Jail or Prison

Private (parties hire their own attorneys)

Public (Prosecutor represents community)

May be liable for civil damages

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Felonies Misdemeanors

Serious crimes, punishable by Death or prison for more than one (1) year.

Non-serious (petty) crimes punishable by jail for less than one(1) year and/or by fines.

Classification of CrimesClassification of Crimes

An act can have both civil and criminal consequences. (O.J. Simpson trials)

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The The Essentials of Essentials of Criminal LiabilityCriminal Liability

To be convicted of a crime, a person must:– Commit a guilty act (actus reus).– Have the guilty mind (mens rea) during

commission of the guilty act.

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Types of CrimesTypes of Crimes

Violent Crimes.– Murder, sexual assault, rape, robbery.

Property Crimes.– Burglary, larceny, theft of trade secrets, theft of

services, arson, receipt of stolen goods, forgery.

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Assault and BatteryAssault and Battery

In most states, an assault/battery is committed when one person 1) tries to or does physically strike another, or 2) acts in a threatening manner to put another in fear of immediate harm.

Historically, laws treated the threat of physical injury as "assault", and the completed act of physical contact or offensive touching as "battery," but many states no longer differentiate between the two.

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Burglary and RobberyBurglary and Robbery

Burglary is typically defined as the unlawful entry into almost any structure (not just a home or business) with the intent to commit any crime inside (not just theft/larceny). No physical breaking and entering is required; the offender may simply trespass through an open door. Unlike robbery, which involves use of force or fear to obtain another person's property, there is usually no victim present during a burglary.

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EmbezzlementEmbezzlement

Embezzlement is defined in most states as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings.

For example, while working as a bank manager, Dan alters customer deposit receipts and account information, then siphons bank money into his own pocket.

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ExtortionExtortion

Most states define extortion as the gaining of property or money by almost any kind of force, or threat of 1) violence, 2) property damage, 3) harm to reputation, or 4) unfavorable government action. While usually viewed as a form of theft/larceny, extortion differs from robbery in that the threat in question does not pose an imminent physical danger to the victim.

For example, Dan goes to Victor's place of business and demands monthly payment from Victor for the business's "protection" from vandalism and after-hours theft. Fearing that he or his business will suffer harm otherwise, Victor agrees to pay Dan.

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KidnappingKidnapping

Under federal and state law, kidnapping is commonly defined as the taking of a person from one place to another against his or her will, or the confining of a person to a controlled space. Some kidnapping laws require that the taking or confining be for an unlawful purpose, such as extortion or the facilitation of a crime. A parent without legal custody rights may be charged with kidnapping for taking his or her own child, in certain circumstances.

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ManslaughterManslaughter

Manslaughter is an unintentional killing that results from recklessness or criminal negligence

The usual distinction from voluntary manslaughter is that involuntary manslaughter (sometimes called "criminally negligent homicide") is a crime in which the victim's death is unintended.

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ManslaughterManslaughter

For example, Dan comes home to find his wife in bed with Victor. Distraught, Dan heads to a local bar to drown his sorrows. After having five drinks, Dan jumps into his car and drives down the street at twice the posted speed limit, accidentally hitting and killing a pedestrian.

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MurderMurder

In most states, first-degree murder is defined as an unlawful killing that is both willful and premeditated, meaning that it was committed after planning or "lying in wait" for the victim.

For example, Dan comes home to find his wife in bed with Victor. Three days later, Dan waits behind a tree near Victor's front door. When Victor comes out of the house, Dan shoots and kills him.

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MurderMurder

Second-degree murder is ordinarily defined as 1) an intentional killing that is not premeditated or planned, nor committed in a reasonable "heat of passion" or 2) a killing caused by dangerous conduct and the offender's obvious lack of concern for human life. Second-degree murder may best be viewed as the middle ground between first-degree murder and voluntary manslaughter.

For example, Dan comes home to find his wife in bed with Victor. At a stoplight the next day, Dan sees Victor riding in the passenger seat of a nearby car. Dan pulls out a gun and fires three shots into the car, missing Victor but killing the driver of the car.

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Aiding and AbettingAiding and Abetting

A criminal charge of aiding and abetting or accessory can usually be brought against anyone who helps in the commission of a crime, though legal distinctions vary by state.

For example, Andy draws a floor plan of a bank, knowing of Dan's intention to rob it. After Dan commits the robbery, Alice agrees to let him store the stolen money at her house. Both Andy and Alice can be charged with aiding and abetting, or acting as accessories to the robbery.

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PerjuryPerjury

Perjury statutes in many states make it a crime to knowingly lie after taking an oath to tell the truth, such as when testifying in court or communicating through certain legal documents. The falsehood must usually be material to the matter at issue, though perjury can also be committed by simply signing a document with the knowledge that it contains false assertions.

For example, while completing a sworn affidavit during child support proceedings in family court, Dan purposefully understates his monthly income by $2000, signs the document, and files it with the judge's clerk.

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ForgeryForgery

The crime of forgery generally refers to the making of a fake document, the changing of an existing document, or the making of a signature without authorization. Documents that can be the object of forgery include contracts, identification cards, and legal certificates. Most states require that forgery be done with the intent to commit fraud or theft/larceny.

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ArsonArson

Under the criminal law of most states, arson is committed when a person intentionally burns almost any kind of structure or building, not just a house or business. Many states recognize differing degrees of arson, based on such factors as whether the building was occupied and whether insurance fraud was intended.

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““White Collar” CrimesWhite Collar” Crimes Crimes occurring in the business context

using non-violent means to obtain personal or business advantage.– Embezzlement.– Mail or Wire Fraud (federal).– Bribery.– Bankruptcy Fraud (federal).– Insider Trading (federal).– Theft of Trade Secrets (federal).

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Defenses to Criminal LiabilityDefenses to Criminal Liability Infancy (juvenile). Involuntary Intoxication: is a defense if

person was incapable of understanding act. Insanity: defendant lacked substantial

capacity to appreciate the wrongfulness of act or to conform act to law.

Mistake. Duress. Consent.

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DefensesDefenses

Self-Defense of People and Property: use deadly force if reasonable belief of imminent death or serious injury; cannot use deadly force to protect property alone.

Necessity: criminal act necessary to prevent greater harm.

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DefensesDefenses

Entrapment: prevents government from encouraging crimes. Key issue: was the defendant pre-disposed to commit the act?

Statute of Limitations. Immunity.

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Criminal ProceduresCriminal Procedures

U.S. Constitution provides specific safeguards for those accused of crimes at federal and state level.

Criminal procedures are designed to protect against the arbitrary use of power by the government.

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Fourth AmendmentFourth Amendment

The Fourth Amendment protects against unreasonable search and seizures.

No warrant for search or arrest can issue without probable cause.

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Exclusionary RuleExclusionary Rule

Evidence obtained in violation of Constitutional amendments is excluded from trial.

Purpose is to deter police from warrantless searches, seizures and misconduct.

“Inevitability” and “good faith” are exceptions to the rule.

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The “Miranda” RuleThe “Miranda” Rule

Miranda v. Arizona (1966) required police to inform suspects of their constitutional rights.

The Supreme Court upheld Miranda in Dickerson v. U.S. (2000).

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Criminal Criminal ProcessProcess

Grand Jury D.A's Office

Plea BargainChange of Plea to Guilty

TrialProsecutor must prove

guilt beyond reasonable doubt

Sentencing

Arraignment

Preliminary Hearing(Determines Probable Cause)

Initial Appearance(Before Judge)

Arrest(Requires Probable Cause)

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Criminal ProcessCriminal Process

Is a defendant’s right to cross-examine a witness violated by two-way videoconferencing?

Federal Sentencing Guidelines.– 1984: Sentencing Reform Act.– 2005: Supreme Court ruled some provisions of

this Act were unconstitutional.

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Cyber CrimesCyber Crimes Computer crime: any act directed against

computers or that uses computers as an instrumentality of a crime.– Cyber Theft.– Financial Crimes.– Identity Theft.– Cyber Stalking.– Hacking and Cyber Terrorism.

Computer Fraud and Abuse Act (1996).

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Quiz Prep!Quiz Prep!

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What is an arrest?What is a battery?What is an arraignment?What is the Miranda Rule based on?What do we mean by “mens rea?”Who decides, at a preliminary hearing,

whether the defendant will stand trial?

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Quiz PrepQuiz Prep

What is aiding and abetting?What is bail?What is a “lesser included offense?”What is an indictment and what is it based

on?

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Questions??Questions??