Criminal Law Fall 2011

Part I. Introduction to Criminal Law

Commonality of Crime All crime requires a guilty state of mind-> Which means the prohibited act was done intentionally or willfully. Scenario: 1. Amy forgets to turn off the stove and a fire starts in her apartment and spreads throughout the building. Does Amy have a guilty state of mind?

A guilty state of mind is NOT motive **A guilty state of mind is NOT motive.** Motive refers to the reason behind a crime not the level of awareness. Motive for murder could be revenge, to obtain property, intimidation, etc.

Defining a Crime All crime is composed of specific elements Elements must be proven at a trial for a guilty verdict *For example, robbery is defined by the following elements: 1.) the taking and carrying away of goods or money, 2.) the taking from someone’s person, and 3.) use of force or intimidation. Scenario: Someone breaks into your home when you are not there and takes your property. Can they be convicted of robbery? Why or why not?

No! * If you answered no you are correct. Robbery specifically refers to taking property from a person. If you are not home then they are not taking from a person but from the empty house. This crime would be classified as burglary.

Classes of crimes *Misdemeanor: any crime for which the potential penalty is imprisonment for one year or less. *Felony: a crime for which the potential penalty is imprisonment for more than a year.

Parties to Crimes Principal Accomplice Accessory before the fact Accessory after the fact * The principal and accomplice may be charged and convicted of the same crime. Al Capone video clip

Problem 8.2 How will each of the following people be charged? Jeb, Marci, Carl, Shawn Jeb- principal Marci-accomplice Carl- accessory before the crime Shawn- accessory after the crime

Part II. Crimes against the Person The major crimes against the person are homicide, suicide, child abuse, assault, and rape. Various levels exist Punishment varies depending on the level of the crime and the state where the crime was committed.

Homicide Notes May be either criminal or noncriminal Criminal if the homicide occurs due to reckless actions Noncriminal if the homicide is “excusable” or “justifiable” . For example: killing an enemy soldier in wartime, death penalty, self-defense, and when a police officer kills an individual committing a crime.

Criminal Homicide First degree Felony murder Second-degree Voluntary manslaughter Involuntary manslaughter Negligent homicide Be able to identify examples of each. Recent North Carolina stats: 2009: 487 homicides 2010: 468 Change: -4% http://www.ncdoj.gov/getdoc/85af28c4-333e-4b6c-9ee3-fe30db2a34bf/2010-Crime-Statistics-Annual-Summary.aspx

Homicide Scenarios A 22 year old is driving his speed boat at Falls Lake. He has been drinking and his vision is slightly impaired. He collides head on with a jet ski and kills the driver. Two individuals get into a fight outside of a NHL game. Bystanders try to break up the fight but it continues. One of the men beats the other man unconscious. The victim eventually dies later at the hospital. An intruder breaks into a home in the middle of the night to steal property. He ends up getting in an altercation with the homeowner and fatally wounds him.

Suicide The deliberate taking of one’s own life. Historically considered a crime Some states today consider attempted suicide a crime If you help a person commit suicide that is a crime The CDC reports that on a average a high school student succeeds in killing himself or herself every 15 seconds. Suicide PSA

Assault and Battery Assault: attempt or threat to carry out a physical attack upon another person * Generally is between two people who know each other. Battery: any unlawful physical contact inflicted by one person upon another person without consent. *Not much difference today in the law or practice between these two terms* *Intent matters, not actual injury* *Stalking and sexual assault fall under this topic*

Rape Sexual intercourse without consent. If a weapon is used it becomes aggravated rape. Statutory rape: intercourse between an adult and minor. Some states consider a female under age at 12 and some at 16. *Punishment depends on the victims age, mental condition, or use of a weapon.

Statutory Rape Laws in NC North Carolina § 14-27. 2 et seq. First-degree rape is sexual intercourse with a victim under age 13 when the actor is at least age 12 and at least four years older. Statutory rape or sexual offense of person age 13, 14, or 15 is intercourse with someone age 13, 14, or 15 when the actor is (1) at least six years older and (2) between four and six years older. These crimes are felonies subject to the structured sentencing law with minimums and maximums depending on aggravating and mitigating factors and the offender’s prior record Mitigating factors: factors that suggest a less severe punishment is appropriate Aggravating factors: factors that suggest a more severe punishment is appropriate Statutory Rape Laws by State **Take notes on this information**

Part III. Crimes Against Property Crimes against property include: Arson Vandalism Larceny Embezzlement Robbery Extortion Burglary Forgery Receiving Stolen Property ***Cybercrime **Identity theft *Be able to define each of the vocabulary words

Robbery vs. Burglary vs. Larceny Robbery: involves taking property from a person and it MUST involve both 1.) theft of property AND 2.) actual or potential physical harm to the victim *Main difference between larceny and robbery is the use of force* *Robbery is almost always a felony 1960- 107,80 2010- 367,832 Peak of robbery occurred between 1990 to 1994 with roughly 650,000 robberies reported per year.

Robbery vs. Larceny vs. Burglary Burglary: definition has been broadened to include the unauthorized entry into any structure with the intent to commit a crime, regardless of the time of day. * Sometimes penalties stiffer for burglaries committed at night and/or with a weapon. Larceny: crime against possession **Elements: 1.) possession vs. custody, 2.)taking control of the property, 3.)take the property away, 4.)tangible personal property, 5.)of another, 6.) without consent Grand Larceny (in NC “felonious larceny”)- larceny in the amount of $400 or more .*NY more than $1000, in Virginia as low as $5 if taken from a person or $200 if not taken from a person

Computer Crime A computer is used to commit the prohibited act Identity theft, fake id, pornography, spreading viruses, bullying, copying software Punishment for computer crimes vary- rehab vs. jail time and fine. Some acts you need to be familiar with: Children’s Internet Protection Act Computer Fraud and Abuse Act, 1986 National Information Infrastructure Act of 1996

Computer Crimes Cyberbullying: when someone repeatedly harasses, mistreats, or makes fun of another person online or while using cell phones or other electronic devices. http://www.cyberbullying.us/research.php Davis vs. Monroe County Board of Education

Cyberbullying in North Carolina As of 2009 NC was one of 19 states to have cyberbullying laws "An Act Protecting Children of this State by Making Cyber-Bullying A Criminal Offense Punishable as a Misdemeanor."  N.C. Gen. Stat. §14-458.1.  Addresses students as well as adult Two punishable adult actions: 1.) pretending to be a minor online, 2.)posting private, personal, or sexual information about a minor online Cyberbullying punishable as a Class 1 or 2 Misdemeanor Critics argue that law is too broad and stifles freedom of speech http://www.unc.edu/courses/2010spring/law/357c/001/Cyberbully/state.html