A very brief lesson on criminal and civil law

The story of the bank robbery… Carlos and Jason plan to rob the First National Bank. They need the money to pay their bills. They do not want to injure anyone so Jason gets a high-powered water gun. He plans to keep the gun in his coat so that its shape will frighten the bank teller. Carlos volunteers to drive the getaway car, a new yellow Ford truck. They plan the robbery at a time when the bank has few customers. Just before leaving to rob the bank, Jason gets a call from his girlfriend, Kathy. Now they are late. Carlos makes up for lost time by speeding and running red lights. Unfortunately, they hit a woman in a crosswalk and don’t stop to help her. The woman later dies. At the bank, Jason notices that the water gun has leaked, soaking the front of his coat. They consider calling off the robbery but decide to go ahead. Everything goes smoothly until the teller sets off the alarm as Jason runs from the bank.

More bank robbery story… Thinking quickly, Carlos and Jason leave their car and jump into a new Corvette. (The owner carelessly left the keys in the car.) They leave town and later sell the Corvette to Honest Harvey’s Used Car Sales for $1,000. without a title. With the water gun and the money from the bank robbery, Carlos and Jason walk toward Kathy’s house. As they cross the street, they ignore a “Dont’ Walk” sign. A police officer stops them, sees the money and the gun, and arrests them.

Name that crime… plan to rob the 1st National Bank: conspiracy 2. volunteers to drive the getaway car: bank robbery 3. speeding and running stop lights: traffic violations 4. hit a woman in a crosswalk (The woman later dies.): negligent homicide 5. don’t stop to help: hit and run 6. armed robbery:

More name that crime… 7. jump behind the wheel of a new Corvette: auto theft 8. owner left the keys in the car: ticket to car owner perhaps 9. sell the car: selling stolen goods 10. Honest Harvey doesn’t get the title to the car: receiving stolen property 11. ignore a “Don’t Walk” sign: jaywalking

Felonies and misdemeanors There are two groups of crimes. They are felonies and misdemeanors. A felony is more serious than a misdemeanor. A felony is a crime punishable by one year or more in prison. Some felonies may be punishable by death. Carjacking, murder, rape, and drug dealing are all felonies. People convicted of a felony will lose certain rights. They may lose the right to vote and the right to serve on a jury. They cannot join any military service. Also, convicted felons may not work as doctors, lawyers, or teachers.

Misdemeanors: Misdemeanors are less serious crimes. A misdemeanor is a crime for which the punishment may be less than one year in prison. People convicted of misdemeanors will not lose their rights, as do convicted felons. Simple assault, shoplifting something that costs less than $100., and hitting someone with your fist are misdemeanors. Minor traffic violations are not misdemeanors or crimes, although they are punishable by law.

Felonies and misdemeanors – some reasons for the distinction Some reasons for listing certain crimes as misdemeanors: No one is seriously hurt, or the victim will easily recover. The crime only involved property damage and it won’t cost much to repair. The person committing the crime is only hurting herself or himself. He or she is the only victim of the illegal behavior.

Some reasons for listing certain crimes as felonies: A person is seriously hurt or killed and the damage is long lasting or permanent. (the victim will not recover easily or may never recover). Property is damaged, but cannot be replaced or is very expensive to replace. The person committing the crime hurts others or causes others to get hurt. If everyone commits the crime, the government won’t work.

felony vs. misdemeanor Decide if you think the following crime is a felony or a misdemeanor: stealing a parked car: misdemeanor spray painting the doors of a school: misdemeanor selling a small amount of crack cocaine: felony buying a small amount of crack cocaine: misdemeanor cheating on your tax return so you get back $500 instead of paying $200: misdemeanor shoplifting a pair of jeans: misdemeanor shooting the person who killed your brother: felony driving while you are drunk: felony

Crimes against persons: homicide (two types) murder: intentionally or knowingly kill someone manslaughter: unintentionally kill someone (accident)

More crimes against persons: assault act of violence, or threatened act of violence; assault can occur even though no physical injury occurs example: drunk bar customer grabs a broom and threatens the bartender; someone gets angry and punches a guy in the arm aggravated assault use of a deadly weapon and serious injury occurs If the victim of assault is a peace officer, then it is aggravated assault.

Crimes against property arson – a person commits arson when she or he starts a fire OR causes an explosion that he or she intends to damage a building or property