Criminal Law Chapter 2

Vocabulary Crime – is an act against the public good, punishable by fine, imprisonment, or both Felonies – is a major crime punishable by imprisonment or death Misdemeanor – a less serious crime with a less severe penalty

Felonies vs. Misdemeanors To determine if it a felony or a misdemeanor you must look at the punishment for the crime. Examples of Felonies: Murder Manslaughter Burglary Robbery Arson Examples of Misdemeanors: Driving without a license Underage drinking Leaving the scene of an automobile accident

Elements of a Crime Criminal Act Required State of Mind Each statute much specifically define the conduct that is forbidden to commit a crime Required State of Mind You have to be able to determine the persons intent Example: Did the man intentionally run over the other man or unintentionally run over the man

Motive The reason a crime is commited Examples: 9/11 Casey Anthony

Types of Crimes Against People Murder Manslaughter Assault and Battery Kidnapping Rape Child Abuse Sexual Assualt

Murder Murder – the unlawful killing of another human being with malice aforethought. Malice aforethought means there was an evil intent 1st Degree Murder Went in with the intent on killing 2nd Degree Murder There was not an intent to kill

Manslaughter Manslaughter – unlawful killing of another human being without malice aforethought. Voluntary Manslaughter – when someone acts out of great personal distress when a killing happens Hard to prove Involuntary Manslaughter – when one person kills another while committing an unlawful or reckless act.

Assault and Battery Battery – the unlawful touching of another person Forceful use of a person’s hand, knife, or gun. Assault – is an attempt to commit a battery Pointing or shooting a gun at someone is an example of an Assault A bullet striking someone would be a battery. Simple Assault and Battery are generally misdemeanors Depends on the situation and severity of injuries Aggravated Assault and Battery are felonies To qualify for aggravated the assault or battery must be committed with a deadly weapon or with intent to kill

Kidnapping and Child Abuse Kidnapping – involves the unlawful removal or restraint of a person against that person’s will The essence of the crime is illegally imprisoning rather than moving the victim Child Abuse- the physical, emotional or sexual mistreatment of children

Rape Rape - non-consensual sexual intercourse that is committed by physical force, threat of injury, or other duress Statutory Rape – having sex with a person under the age of 16 and being 4 years older unless married

Sexual Assault Sexual Assault - person engages in sexual intercourse or deviate sexual intercourse with a complainant without the complainant's consent

Crimes Against Property Burglary Larceny Embezzlement Robbery Arson

Burglary and Arson Burglary - Is defined as breaking and entering into a place that is not yours The essence of the crime burglary is the act of breaking and entering Arson – the willful and malicious burning of a building or structure. The building must have been on fire to get an Arson charge. If part of the building is just blackened or scorched it will not get an Arson charge.

Larceny Larceny – the unlawful taking and carrying away of personal property of another with the intent to deprive the owner. It is the legal term for STEALING Petty Larceny = misdemeanor Less than $300 = Petty Larceny Grand Larceny = felony More than $300 = Grand Larceny Shoplifting is a form of Larceny

Embezzlement Embezzlement – Is the wrongful taking away of another person’s property by a person who has been entrusted with that property. Very similar to Larceny since both are stealing Difference is embezzlement the other person entrusted you with their property Larceny you just took their property

Robbery Robbery – the wrongful taking and carrying away of the personal property of another accompanied by violence or threats Difference between Robbery and Larceny In Robbery there is a taking from a person’s body or near a person’s body. In Larceny the taking does not take close to a person’s body Robbery ex: Snagging an ladies purse Larceny ex: Taking a ladies purse from her house when she was not there.

Crimes Against Business Interests Forgery Bribery and Extortion Computer Crimes

Forgery Forgery - The making or changing of a writing with the intent to defraud Signing of another persons name on a check

Bribery and Extortion Bribery – it is illegal to pay or give anything of value to public officials in order to influence them. Extortion – the unjust taking of money by a public official

Computer Crimes This includes crimes such as Cyber Bullying and all other crimes doing with computers

Defenses to Crimes Insanity Entrapment Self-Defense

Insanity Insanity Plea – as a result of a mental disease or defect he or she lack substantial capacity either to appreciate the criminality of his conduct or to conform his conduct to the requirements of law

Entrapment Entrapment – when a law officer induces a law abiding citizen to commit a crime. You can use this as a defense

Self-Defense Self Defense – a person have a reason to believe they are in serious danger or injury or death. In ones own home the person must retreat before using self defense.

Sentencing Fines Imprisonment The Death Penalty

Fines Fines – payment of a specified amount of money as a penalty for committing a crime. Very common for lesser crimes

Imprisonment Imprisonment- spending a given amount of time in a jail or prison for a crime you have committed.

The Death Penalty Person is put to death for committing a crime. States without the death penalty Alaska (1957) Hawaii (1957) Illinois (2011) Iowa (1965) Maine (1887) Massachusetts (1984) Michigan (1846) Minnesota (1911) New Jersey (2007) New Mexico* (2009) New York (2007)# North Dakota (1973) Rhode Island (1984)** Vermont (1964) West Virginia (1965) Wisconsin (1853) ALSO - Dist. of Columbia (1981)