Criminal Law

Felonies v. Misdemeanors Defined based on degree of seriousness Felonies: serious crimes Punishable by death or prison for one year or longer Must have malice aforethought, premeditation or deliberation in order to have a homicide. If not = manslaughter. Two types of manslaughter (voluntary and involuntary) Voluntary – intent to kill but malice is lacking (crimes that are committed in a heat of passion) Involuntary – offender is negligent in acts, no intent to kill (DUI, fight)

Felonies in NC Class A Class F Class H Murder First-degree forgery Involuntary manslaughter Class B1 Use of a laser device towards an aircraft Human trafficking of an adult Rape Class G Class I Aggravated child molestation Robbery Making terroristic threats Class B2 Intimidating or interfering with witnesses Larceny of a dog Conspiracy to commit a Class A or B1 felony Class C Aggravated assault Kidnapping Class D Armed robbery First-degree arson Class E Child molestation Malicious throwing of corrosive acid or alkaline

Felonies v. Misdemeanors Misdemeanors: any crime that is not a felony Punishable often by fines, community sanctions, probation, less than 1 year in jail Different classes depending on seriousness Examples: trespassing, petty theft, shoplifting, disturbing the peace, DUI

Mala in se v. Mala prohibita Another way to look at different types of crime Mala in se: considered wrong even if there’s not a law that prohibits it Inherently wrong Natural and moral law Ex: murder Mala prohibita Considered crime because it has been defined that way, put into statute or law Varies from place to place (states, countries, localities) Ex: gambling

The Four Elements There are four major elements which must be proven in order for someone to be charged: Actus Reus (Act) -the guilty act (must be voluntary) -ex1: in a murder, the actus reus is homicide -ex2: if a vehicle is stolen, the actus reus is motor vehicle theft Mens Rea (Intent) -the guilty intent; crime is done with criminal intent - it is difficult to discover and then prove in court. -"Mental element," "mental attitude," state of mind," or "criminal intent.“ -ex1: homicide, the person committing the homicide must understand that it is wrong and is a crime

The Four Elements Causation -consists of the objective determination that the dependent's act triggered a chain of events that ended as the harmful result, such as death in homicide. -consists of the subjective judgment that it's fair and just to blame the defendant for the bad result. Concurrence -there must be a concurrence between a criminal intent and a criminal act that causes a prohibited harm or injury.