Particular Crimes Chapter 3.2

Crimes Against people In most instances, crimes can be categorized into three headlines: Crimes against PEOPLE Crimes against PROPERTY Crimes against BUSINESS INTERESTS Homicide is the killing of one human being by another. Justifiable Homicide when a police officer kills a criminal in the line of duty or in self-defense. Soldier kills an enemy in battle Excusable Homicide when someone is killed by accident.

MURDER The unlawful killing of another human being with malice aforethought (evil intent) In many states, it is divided into first-degree and second-degree Differs from state to state The distinction is important because in some states those found guilty of first-degree murder are subject to the death penalty

First-degree murder vs. second-degree murder Killing with premeditation Killing in a cruel way (torture) Killing while committing a felony (rape or robbery) If none of the first-degree murder conditions apply

Manslaughter The unlawful killing of another human being without malice or aforethought Divided into 2 categories Voluntary – occurs when one person intends to kill another but does so suddenly and as the result of great personal distress Involuntary – occurs when one person, while committing an unlawful or reckless act, unintentionally kills another

Assault and Battery Battery Assault Unlawful touching of another person (includes kissing) Usually involves the forceful use of a person’s hand, knife, or gun against another Giving poison or drugs to an unsuspecting victim Requires criminal intent Attempt to commit a battery Pointing or shooting a gun at someone is the assault – the bullet striking is the battery Could be considered a misdemeanor or a felony (aggravated assault) Varies from state to state

Kidnapping Unlawful removal or restraint of a person against their will Usually includes: Unlawful imprisonment for ransom Terrorism Rape To commit a felony

Sex offenses Forcing someone to have sexual intercourse (rape) Forcing a MINOR to have sexual intercourse (statutory rape) Consent on the minor’s behalf does NOT make the sexual encounter legal A MINOR having sexual relations with another MINOR Date rape Sexual assault is a very serious crime and carry serious penalties like LIFE in prison.

Domestic Violence Any reckless form of physical or mental abuse within a family or household Children Spouses Elderly people Laws provide punishment for abusers, relocation of mistreated children and shelters for abused and battered spouses

Hate Crimes Many states have made it a crime to Use certain symbols Writings Pictures Spoken words Causing fear or anger in people because of Race Religion Color Gender

Crimes Against Property Crimes against property can be classified as felonies or misdemeanors, depending on the severity of the crime. The most common are: Burglary Robbery Arson Larceny Embezzlement

Burglary vs. Robbery Burglary Robbery The breaking and entering of a dwelling with the intent to commit a felony or a misdemeanor. If any part of the definition of burglary cannot be proven, the defendant cannot be found guilty. The wrongful taking and carrying away of personal property of another through violence or threats Taking “from the person” using force, violence or threats

Embezzlement and Vandalism The wrongful taking of another’s property by a person who has been entrusted with that property Ex – Bernie Fine case Willful or malicious damage to property Anyone who supports the crime will be charged Being the look-out

Arson Defined as the willful and malicious burning of the Dwelling house of another Buildings Other structures Scorching of property is not enough Some part of the structure must have actually been on fire

Motor Vehicle Violations A license is a privilege; NOT a right May be suspended temporarily or permanently May be revoked Tried in traffic court Drag racing and joy-riding – illegal All those who participate can be held liable; not just the driver(s)

Crimes involving controlled substances Alcohol Drugs Most commonly used drug in the US Laws to prevent the SALE of alcohol to people under the legal drinking age Punishable by fines and/or imprisonment Possession, distribution, or sale may violate state and federal laws The SALE is considered the most serious offense Giving them away is illegal

Computer crimes Federal Crimes & Laws State Crimes & Computers National Information Infrastructure Act of 1996 Outlaws the practice of extorting money or other favors in exchange for not crashing computers The Computer Fraud & Abuse Act Computer hackers Pass their own laws Illegal to use computers to acquire property, services, or money by fraud Theft of computer services Destruction of equipment Misuse of computer information