CRIMINAL LAW

Crime and Punishment

The Basics of Criminal Law

• Regulates public conduct

• Sets out duties owed to society

• Legal action that can ONLY be brought by the GOVERNMENT against a PERSON charged with committing a crime

Introduction to Criminal law

• Almost all crimes require 2 things…

• 1. an ACT

• 2. a GUILTY STATE OF MIND

• This means the act was done intentionally, knowingly, and willfully

Introduction to Criminal law

• Intent

• the mental state that a person commits a crime

• Motive

• reason for performing the act

Consequences/Punishments

• Death

• Imprisonment

• Fines

• Supervision

• Probation

• Community service

• Restitution = requiring criminals to pay back or compensate the victim

Classes of Crimes

• Felonies = very serious crimes accompanied by imprisonment for more than a year or death

Common Examples of Felonies

• Murder

• Robbery

• Arson

• aggravated assault/battery

• fraud

• Rape

• DUI

• drug possession (over a certain weight)

• Treason

• embezzlement

Classes of Crimes

• Misdemeanor = lesser criminal act accompanied by imprisonment for less than a year. Probation and community service common consequences.

Common Examples of Misdemeanors

• Minor theft

• Prostitution

• simple assault

• trespassing

• Vandalism

• public intoxication

• disorderly conduct

Who is involved in the criminal act?

• Principal = a person who commits a crime.

• Accomplice = someone who helps another commit a crime.

• Accessory before the fact = a person who orders the crime and helps the principal but is NOT present.

• Accessory after the fact = a person who, knowing a crime has been committed, helps the principal avoid capture and/or escape

Who is involved in the criminal act?

• Attempt = performs all the elements of a crime, but fails to achieve the criminal result

• Solicitation = crime of asking, commanding, urging or advising a person to commit a crime.

• Street Law pp. 104-105 Drowning Girl

• Problem 8.3

• Conspiracy = an agreement between two or more persons to commit a crime.

• Crime of omission = failure to perform an act that the person is capable of completing. (paying taxes/hit and run)

Crimes against persons p.108

• Homicide = the killing of one human being by another – MOST SERIOUS

• First degree murder = premeditated, deliberate and malicious.

• Second degree murder = NOT premeditated but with intent (malice).

• Felony murder = killing that takes place during a felony crime. (robbery, arson,etc)

Crimes against persons

• Voluntary manslaughter = unintentional killing under circumstances that lessen but do not excuse the crime.

• Involuntary manslaughter = killing caused by reckless conduct. No intent to kill at all.

• Negligent homicide = death through criminal negligence

Crimes against persons

• Vehicular Homicide = killing through criminal act of drunk driving, running from the police.

• Euthanasia = “mercy killing” putting someone to death painlessly.

Non-Criminal Homicide

• Non-criminal homicide - Justifiable or excusable, killer deemed faultless

• Examples: Killing of enemy soldiers during wartime, execution of condemned criminal, the killing by a police officer of a person committing a serious crime, self-defense, or in defense of another person

• Suicide p. 110

YOU BE THE JUDGE

• Street Law: p. 109

• Read situations a-c

• Write down your responses

Assault and Battery

• Assault = any attempt or threat to carry out a physical attack

• Battery = any unlawful physical contact inflicted by one person upon another person without consent

Assault and Battery

• Rape = sexual intercourse without consent

• statutory rape = intercourse between an adult and a minor

• Acquaintance rape or date rape = sexual assault by someone known to the victim

• Common Examples: Date, friend, neighbor, boyfriend

Crimes against property• Arson = willful

and malicious burning of another person’s property. – Or burning of own

property to get insurance money

• .

• Vandalism = willful destruction or damage to property of another person

Crimes against property

• Larceny = unlawful taking and carrying away of the property of another with intent to steal it.

– Grand Larceny = theft of $1000 or more

– Petty Larceny = theft of $1000 or less

Crimes against property

• Embezzlement = unlawful taking of the property that was entrusted to the person.

– “White collar crime”

• Robbery = unlawful taking of property from a person’s immediate possession by force or intimidation.

Crimes against property

• Burglary = unauthorized entry into a structure with intent to commit a crime.

– Increased penalties for entry at night, weapon or person in the dwelling.

• Extortion = to obtain another’s property through threats physical or monetary.

– Blackmail

– Do not have to actually obtain to get convicted

Crimes against property

• Forgery = a person who falsely makes or alters a written document with intent to commit a fraud. – Computer crime, illegal copying of files.

• Uttering = offering a genuine document known to be fake. – Dealing in false identification (fake id)