1. Intro to Law: Types of Crime
US Government
Mrs. Lacks

2. What is law? System of rules
Lays down standards to which we ought to conform
Failure to adhere to legal rules may result in a penalty
Law is never static it is always changing.

3. Natural or common law?
Natural law – rights and ethics are based on universal principles (Jefferson, Locke)
Common law – laws determined by court cases (aka case law)
Code law – laws written by man
Most US law is based on English law
Magna Carta, English Bill of Rights influenced first Articles of Confederation, then US Constitution

4. Bill of Rights & the Judiciary

5. 4th Amendment Searches and Seizures With a Warrant
Probable cause for a search warrant requires substantial and trustworthy evidence to support two conclusions:
that the specific objects to be searched for are connected with criminal activity; and
that the objects will be found in the place to be searched.

6. Searches and Seizures With a Warrant
The Fourth Amendment requires a search warrant
contain a particular description of the place to be searched and the person or things to be seized
Warrant to be executed in a reasonable amount of time, and in some jurisdictions during certain hours of the day.

7. Searches and Seizures With a Warrant
Generally, before law enforcement officers may enter a place to conduct a search, they must first announce that:
they are law enforcement officers,
they possess a warrant,
and they are there to execute the warrant

8. Searches and Seizures With a Warrant
If in the course of conducting a legal search, officers discover contraband or evidence of a crime not covered by the warrant, they may seize it without getting a new warrant.

9. Searches & Seizures without a Warrant
The Supreme Court has allowed warrantless searches in some circumstances:
Incident to an arrest, police may search the area within the suspect’s immediate control, including an automobile, and may seize contraband or evidence in plain view.
In emergency situations.
If a suspect consents to a search.

10. Arrests without a Warrant
Officers may enter a private home to make a warrantless arrest only if the offense is serious and there are exigent circumstances, such as:
Likely disappearance of the suspect
Hot pursuit

11. Standards of Proof
Probable cause is one among a number of standards of proof for various criminal justice activities.
The amount of proof necessary depends on the activity in question.

12. The Exclusionary Rule
illegally seized evidence must be excluded from trials.
was created by the Supreme Court in 1914, and extended to state courts in 1961 (Mapp v. Ohio). The exclusionary rule originally had three purposes:
To protect individual rights from police misconduct
To prevent police misconduct
To maintain judicial integrity

13. 5th Amendment protection against compelled self-incrimination
based on the belief that confessions made involuntarily may not be truthful
Miranda v. Arizona (1966): suspects must be notified of their specific rights or their confessions will not be admissible (Miranda Rights)

14. 5th Amendment & Trial Procedures
A defendant does not have to take the witness stand in a trial
The prosecution is forbidden from commenting on the defendant’s silence or refusal to take the stand.

15. 6th Amendment Right to a speedy and public trial
The length of delay depends partly on the nature of the charge; a longer delay may be tolerated in more complex cases

16. 6th Amendment The right to an impartial jury promises:
that the jury will be unbiased.
that there will be a jury trial.

17. 8th Amendment Excessive bail cannot be imposed No excessive fines
No cruel and unusual punishment

18. Crime An act against the public good Punishments for a crime:
Imprisonment
Fine
Probation
Community service
Combination of the above

19. Punishments for a crime
Determined according to seriousness (see sheet)
More serious
Death
Imprisonment
felony
Less serious
Misdemeanor
Fine
Probation

20. Principles of Criminal Law: Conduct
To be held criminally responsible, a defendant must be sufficiently proven to have committed (1) actus rea and have had the necessary(2) mens rea.
(1) Actus Rea (“Bad Act”): the act in question
Voluntary Behavior
Can include failure to act
Can include attempts

21. Principles of Criminal Law: Conduct
(2) Mens Rea (“Guilty mind”): Intent
Volitional (making a conscious decision) conduct
Exceptions:
Unintended consequences of an intentional act
Transferred intent
More serious harm
Felony murder (degrees of murder)

22. Crimes Against Property

23. Larceny
The unlawful taking, and carrying away, of the property of another with the intent to steal it
In Virginia,
Grand larceny: valued over $200
Petty larceny: valued under $200
Mens rea: Defendant must intend to permanently deprive the owner of the property.
Actus reus: The actual taking and carrying away of the personal property of another.

24. Robbery
The unlawful taking of property from a person’s immediate possession by force or intimidation
Almost always a felony

25. Vandalism
The willful destruction of, or damage to, property of another
Sentencing depends on damage (misdemeanor or felony)

26. Embezzlement
The unlawful taking of money by someone to whom it is entrusted
Ex. Bank teller takes $ out of drawer; accountant steals from company
Mens rea: Defendant must intend to fraudulently retain and permanently deprive property to which the defendant was at one time lawfully entrusted to posses.
Actus reus: The actual conversion of the personal property of another to the defendant’s own use.

27. False Pretenses
Deception; lying to another to get control of their property
Mens rea: Defendant must intend to permanently deprive the owner of their property.
Actus reus: The transfer of the property from the owner to the thief is brought about by a material false representation.

28. Theft
Most states have consolidated three common law crimes and called them “theft”
Larceny
Embezzlement
False pretences

29. Receiving Stolen Property
Receiving stolen property is a crime that combines elements of larceny with elements of being an accessory after the fact. This crime punishes those who deal with stolen property: 1) after it has been stolen; and 2) knowing it is stolen.
Mens rea: Defendant must intend to receive, conceal, possess, purchase, or transfer known stolen property.
Actus reus: The actual receiving, concealing, possessing, purchasing, or transferring of the known stolen property.

30. Extortion
The use of threats (or future threats) to obtain the property of another (can be indirect; don’t have to cause physical harm)
Mens rea: specific intent to take someone’s property by means of threat
Actus rea: wide range of threats by which the taking of property is accomplished

31. Forgery To make or change a document with the intent to fool
Mens rea: Defendant must intend to use the false document to defraud.
Actus reus: The actual use—whatever form that takes—of the false document to defraud.

32. Joyriding
operating another person’s vehicle, including a car, bicycle, boat, or motorcycle, without permission from the owner
differs slightly from auto theft because the perpetrator of joyriding does not generally intend on taking the vehicle permanently
punishable in a court because it very often leads to personal injury and/or property damage (usually at the expense of someone else)

33. Cybercrimes
Illegal downloading, illegal copying of software, the intentional spreading of a computer virus
Identity theft:
most commonly committed in US
Huge costs in terms of money and time for victim
Motivations for stealing identity not limited to financial motives
Difficulty in apprehending

34. Intellectual Property Theft
Intellectual property – a person’s ideas and their practical application (copyright, patents, trade marks, etc)
Very costly
Often unreported

35. Crimes Against Habitation

36. Burglary
The crime of burglary involves the entry into the dwelling of another, or remaining inside the dwelling of another, with the intent to commit a crime.
Mens rea: Defendant must intend to enter or remain in the dwelling of another, with the intent to commit a crime.
Actus reus: The actual entry into, or remaining in the dwelling of another.

37. Arson
Common law arson (original meaning): malicious and willful burning of the house or outhouse (dwelling) of another
Modern arson:
includes all types of buildings, vessels, vehicles
Property doesn’t have to belong to another
Doesn’t have to actually burn anything, just have to start it

38. Arson
Mens rea: Defendant must intend to start a fire either in or to a structure or dwelling. There is no requirement the defendant intend to commit arson; the malicious starting of the fire—for whatever reason—is sufficient.
Actus reus: The act of intentionally starting the fire—whatever the reason.

39. Types of Arson
(1) Burning: lighting, charring, burning, or scorching of the structure or dwelling is sufficient.
(2) Explosion: While not technically a fire, explosions cause just as much damage, fear, and injury as arsons. Most jurisdictions recognize arson as either starting a fire or causing an explosion.

40. Evidence of Arson Direct Evidence Indirect Evidence
Subject is observed throwing a Molotov Cocktail through the front window of a neighbor’s home
Indirect Evidence
The neighbor is observed walking into the house next door with two five gallon containers of gasoline. The neighbor walks out several minutes later without the containers. Thirty minutes later the house is fully engaged in flames.

41. Degrees of Arson
1st Degree: burning a dwelling or occupied structure where there is danger to human life
VA: 5 years to life and/or fined up to $100,000.
2nd Degree: burning unoccupied structure, vehicles, or vessels
VA: Class 4 felony punishable by 2 to 10 years in prison and/or $100,000 fine. 
Criminal mischief: destroying or damaging tangible property by fire, explosive, or other dangerous act (misdemeanor)

42. VA Laws - Arson 18.2-77Burning or destroying dwelling house, etc
What not deemed dwelling house
Burning or destroying meeting house, etc
Burning or destroying any other building or structure
Burning or destroying personal property, standing grain, etc
Burning building or structure while in such building or structure with intent to commit felon...
Threats to bomb or damage buildings or means of transportation; false information as to danger to s...
Causing, inciting, etc., commission of act proscribed by {
Manufacture, possession, use, etc., of fire bombs or explosive materials or devices; penaltie...
Setting fire to woods, fences, grass, etc
Setting woods, etc., on fire intentionally whereby another is damaged or jeopardized
Setting off chemical bombs capable of producing smoke in certain public buildings
Carelessly damaging property by fire

43. Criminal Trespass
Entering any structure (occupied or unoccupied) without the authority to do so; no intent to commit a crime
Actus rea: unlawful entering, unlawful remaining, heart of crime is unwanted presence
Mens rea: knowingly enters with authority, specific intent to enter without authority