1. Chapter 5
Criminal Law

2. 3 Elements of a Crime: Duty of care- To act as a responsible citizen
Violation of a duty of care
Criminal Intent
Sometimes can be replaced with negligence, such as drunk driving accident

3. Motive is not an element
Motive is the reason a person commits a crime
Although it helps to prove guilt, it is not a necessary element to charge someone with a crime

4. 3 Classifications of Crimes:
Felony- Punishable by more than a year in prison up to the death penalty; fines; probation; etc.
Ex. Murder
Misdemeanor- Punishable by up to one year in prison; fines; probation; community service; etc.
Ex. DUI 1st offense
Petty offense- Punishable by fines
Ex. Speeding ticket

5. The Goals of Our Criminal System:
Retribution
Deterrence
Incarceration
Rehabilitation

6. The Goals of Our Criminal System:
1. Retribution –
Criminals ought to suffer in some way. Criminals have taken improper advantage, or inflicted unfair detriment, upon others and consequently, the criminal law will put criminals at some unpleasant disadvantage to "balance the scales.”

7. The Goals of Our Criminal System:
Deterrence-
The aim is to impose a sufficient penalty to discourage the offender from criminal behavior.
Example: a criminal could face multiple years in prison if he/she chooses to sell illegal drugs

8. The Goals of Our Criminal System:
Incarceration-
Designed simply to keep criminals away from society so that the public is protected from their misconduct.

9. The Goals of Our Criminal System:
Rehabilitation-
Aims at transforming an offender into a valuable member of society.

10. Parties to a Crime: Principal- One who commits the crime Accomplice-
One who assists in committing the crime
Accessory before the fact-
One who assists, but is not present during the actual crime
Accessory after the fact-
One who obstructs justice after the crime has been committed

11. Preliminary Crimes:
Our system is designed to have levels of crimes, in an effort to prevent more serious crimes from even occurring
Example: Being charged with Attempted Robbery

12. Preliminary Crimes: Criminal Solicitation- Conspiracy-
An attempt to get another person to help commit a crime
Conspiracy-
Two or more people commit a crime

13. Terms to remember: Aggravating Circumstances-
Factors that tend to make the crime worse
Ex. Particularly gruesome murder
Ex. Defendant had prior criminal convictions
Mitigating Circumstances-
Factors that tend to lessen the crime
Ex. History of domestic abuse against the defendant
Ex. Defendant had no prior record

14. Crimes Against a Person:
Homicide-
The taking of another’s life
Classified depending on the act:
1st degree murder:
Premeditated
Deliberate
With Malice Intent (Bad Intentions)

15. Crimes Against a Person:
2nd degree murder:
Not premeditated
Felony murder:
Takes place during the commission of a felony, such as burglary or robbery
Voluntary manslaughter:
Intentional killing of another under mitigating circumstances; example: provoked
Involuntary manslaughter:
Unintentional killing of another resulting from reckless or negligent behavior; example: DUI

16. Crimes Against a Person:
Assault-
Threats of physical violence
Battery-
Unlawful physical contact intending to do harm
Larceny-
Unlawful taking of another’s property without force

17. Crimes Against a Person:
Robbery-
Unlawful taking of another’s property with force
Burglary-
Breaking and entering private property with the intent to commit a crime

18. Crimes Against a Person:
Extortion-
Use of threats to obtain property
Also known as “blackmail”
Embezzlement-
Taking of another’s property that was otherwise entrusted to you
Example: Bernie Madoff