Basic Facts of Criminal Law

1. Crime: A punishable act committed or omitted in violation of a law a.The law must exist before crime is committed  No ex post facto laws: laws that punish for acts committed before they were illegal

b. Crime = act + intent i. Criminal Act: physical action i. All elements of crime must be present to be considered a crime 1. elements: conditions that make up a crime (either act or mental state) ii. Criminal intent: purpose of committing a crime 1. Exception: Strict liability offenses: crimes that do not require criminal intent

2. The Players a. Principal: the person who commits the crime b. Accomplice: a person who helps someone else commit a crime

c. Accessory before the fact: a person who orders a crime or provides help without being present d. Accessory after the fact: a person who helps a criminal avoid arrest, knowing a crime has been committed

3. Types of Crime a. Crimes are divided in two ways b. Division by Severity (3) i. _______________: crime for which the maximum penalty is less than a year (little crime)

i. Misdemeanor : crime for which the maximum penalty is less than a year (little crime)

ii. ____________: crime for which the maximum penalty is more than a year (big crime)

ii. Felony : crime for which the maximum penalty is more than a year (big crime)

iii. ____________: act of a US citizen to help a foreign government seriously injure the American government

iii. Treason : act of a US citizen to help a foreign government seriously injure the American government

c. Division by Act (4) i. Crimes of Omission, Preliminary Crimes, Crimes Against Person, Crimes Against Property Crimes of Omission: a crime committed by a failure to act 1. EX: not paying taxes

Preliminary Crimes: Crimes that take place before the primary crime 2. _____________: asking someone else to commit a crime

2. Solicitation : asking someone else to commit a crime

3. __________: the intent and a substantial step towards committing a crime

3. Attempt : the intent and a substantial step towards committing a crime

4. ____________: agreement between two or more people to commit a crime

4. Conspiracy : agreement between two or more people to commit a crime

Crimes Against the Person: crimes whose intent is to cause harm to another individual 5. ____________: the killing of one person by another (most serious crime)

5. Homicide: the killing of one person by another (most serious crime) a. noncriminal: justified / excusable killing i. EX: self-defense, soldiers in combat

b. Criminal (murder): deliberate killing of another person, done with malice (intent to kill) i. 1st degree: premeditated (planned out) ii. 2nd degree: criminal but not premeditated

c. Manslaughter: killing done without Intent or deliberation i. voluntary: intentional, but under circumstances that offer some justification (but not full) ii. involuntary: unintentional, but the result of actions so reckless as to involve extreme danger of death  EX: playing with a loaded gun

d. Negligent homicide: death by failing to exercise sufficient care in a situation that could cause harm to someone else  EX: killing someone while speeding

5. __________: any attempt or threat to carry out a physical attack on another person

5. Assault : any attempt or threat to carry out a physical attack on another person a. attacked person must believe they are in real danger

6. _________ : unlawful, unconsented physical contact on another person

6. Battery : unlawful, unconsented physical contact on another person

8._________: assault that is sexual

8. Rape : assault that is sexual a. forcible: unconsented (or if consent is obtained by violence, intimidation, or mental inhibition) b. statutory: sex with someone below the age of consent (usually by an adult) c. Most states: years old; Illinois:___

Illinois: 17 Crimes Against Property: Crimes in which property is destroyed or taken against will of the owner 9. ________: willful and malicious burning of another person’s property

9. Arson: willful and malicious burning of another person’s property

10.___________: willful destruction of or damage to property of another

10. Vandalism : willful destruction of or damage to property of another

11. _________: unlawful taking of another’s property with intent to steal

11. LARCENY : unlawful taking of another’s property with intent to steal

12. ___________: unlawful taking of another’s property by use of force or intimidation

12. ROBBERY : unlawful taking of another’s property by use of force or intimidation

13.__________: unauthorized entry into a building with the intent of committing a crime

13. Burglary : unauthorized entry into a building with the intent of committing a crime

14. ____________: unlawful taking of property by the person to whom the property was entrusted

14. Embezzlement : unlawful taking of property by the person to whom the property was entrusted

15. _________(_______): use of threats to obtain the property of another

15. Extortion (blackmail): use of threats to obtain the property of another

16. __________: altering a writing or document with intent to trick others

16. FORGERY : altering a writing or document with intent to trick others a. Uttering: offering to someone as genuine a document known to be fake

17. ________ _______ _________: receiving or buying property known to be stolen

17. Receiving Stolen Property : receiving or buying property known to be stolen a. Felony if property > $100; otherwise misdemeanor