Criminal Law Chapter 5

Objectives Distinguish between violations of civil and criminal law, and between felonies and misdemeanors. Identify three elements making up a crime. Explain when an omission can give rise to criminal liability. Identify the four criminal mental states.

Objectives Identify elements for the following crimes: First-degree murder, second-degree murder, voluntary manslaughter, involuntary manslaughter, battery, assault, sexual assault, rape, and child molestation

Objectives Identify elements for the following crimes: Larceny, robbery, obtaining money under false pretenses, extortion, embezzlement, burglary, false imprisonment, kidnapping, RICO Arson

Criminal versus Civil Law Criminal Law Civil Law Brought by Government Party who has been wronged Burden of Proof Beyond a reasonable doubt More likely than not Penalty Jail, probation, fine or restitution Money damages or a court order

Definition of Crime Criminal conduct Common law crimes Statutory crimes Violation of a law is not criminal unless the law declares that it is criminal

Reasons for Criminal Punishment Deterrence Protect society from wrong-doer through incarceration Vindication of victim and society Satisfies need for justice

Felonies and Misdemeanors Felonies are more serious offenses Punishable by more than one year in jail Misdemeanors are less serious Punishable by one year or less in jail

Elements Defined by statutes and/or case law Crime is made up of elements Act Mental state Attendant circumstances

Act The act requirement can be satisfied by either an affirmative act or an omission Act or omission must be a voluntary act An involuntary act cannot be basis for criminal liability

Mental State Four criminal mental states (Model Penal Code) Purposeful Knowing Reckless Negligent

Strict Liability Most crimes require proof of a culpable mental state Model Penal Code definitions Some relatively minor crimes do not Referred to as strict liability crimes Common with regard to regulatory offenses

Attendant Circumstances Other fact must exist Additional facts that must be proven Example Convicted of assault on a uniformed officer Officer must be in uniform

Homicide Includes two basic crimes Murder Manslaughter

Murder Killing with malice aforethought Act: Killing or causing death Mental state: Malice aforethought Purposeful Knowing Recklessness indicating depraved heart

Murder First-degree murder Second-degree murder Premeditated murder Unintended death of someone during the commission of a felony (felony murder) Second-degree murder Any murder not first degree

Manslaughter Voluntary manslaughter Involuntary manslaughter Intentional killing in the heat of passion as a result of severe provocation Involuntary manslaughter Unintentional killing

Battery Unpermitted offensive touching of another A person can consent to being touched Thus consent is a defense to battery charges Consent must be knowing and voluntary Consent may be implied

Battery and Emergency Responders Medical treatment involves touching Consent implied from the circumstances Person calls for rescue/EMS assistance Person does not object to treatment Consent may be withdrawn or limited

Battery and Consent Consent induced by fraud, deceit, or misrepresentations is not valid Example: Person pretends to be a doctor and is allowed to examine and treat a person Implied consent is limited by circumstances

Assault Placing another in immediate physical harm Some jurisdictions say it is an attempted battery that is unsuccessful Consent rules apply to assault

False Imprisonment Unlawful restraint upon a person’s freedom and ability to come and go Also called false arrest Some authorities say false arrest is one type of false imprisonment

Kidnapping Use of force (or threat of force) in taking someone from one place to another Modern statutes Forcibly or secretly confining someone against their will Forcibly carrying or sending someone out of the state

Rape Common law Modern trend Sexual intercourse without other’s consent Modern trend Expanded definition of sexual assault via degrees First-degree sexual assault Second-degree, etc.

Larceny Common law From common law crime of larceny Taking and transporting of property with intent to permanently deprive From common law crime of larceny Now a broad range of theft crimes

Robbery Larceny through use of force or threatened use of force Taking money or other personal property By means of force or use of fear

Extortion Obtaining money or property Threats necessary for extortion Requiring someone to do something they are not legally required to do Threats necessary for extortion Bodily injury, damage to property Revealing information about the victim

Burglary Most states have statutory offenses to address loopholes in common law Breaking and entering (B&E) Of dwelling (to cover daytime breaks) Of other buildings Of dwelling while possessing instruments related to wrongful setting of fires

Arson Common law definition Common law crime had many loopholes Willful and malicious burning of the dwelling of another Common law crime had many loopholes All states now have comprehensive arson laws

RICO Racketeer Influenced and Corrupt Organizations Act Illegal for a person to engage in a racketeering activity through the use of an organization Both civil and criminal aspects

Summary Criminal law Three types of elements Criminal mental states Criminal offenses