1. Criminal Law
Chapter 2

2. Vocabulary
Crime – is an act against the public good, punishable by fine, imprisonment, or both
Felonies – is a major crime punishable by imprisonment or death
Misdemeanor – a less serious crime with a less severe penalty

3. Felonies vs. Misdemeanors
To determine if it a felony or a misdemeanor you must look at the punishment for the crime.
Examples of Felonies:
Murder
Manslaughter
Burglary
Robbery
Arson
Examples of Misdemeanors:
Driving without a license
Underage drinking
Leaving the scene of an automobile accident

4. Elements of a Crime Criminal Act Required State of Mind
Each statute much specifically define the conduct that is forbidden to commit a crime
Required State of Mind
You have to be able to determine the persons intent
Example: Did the man intentionally run over the other man or unintentionally run over the man

5. Motive
The reason a crime is commited
Examples:
9/11
Casey Anthony

6. Types of Crimes Against People
Murder
Manslaughter
Assault and Battery
Kidnapping
Rape
Child Abuse
Sexual Assualt

7. Murder
Murder – the unlawful killing of another human being with malice aforethought.
Malice aforethought means there was an evil intent
1st Degree Murder
Went in with the intent on killing
2nd Degree Murder
There was not an intent to kill

8. Manslaughter
Manslaughter – unlawful killing of another human being without malice aforethought.
Voluntary Manslaughter – when someone acts out of great personal distress when a killing happens
Hard to prove
Involuntary Manslaughter – when one person kills another while committing an unlawful or reckless act.

9. Assault and Battery Battery – the unlawful touching of another person
Forceful use of a person’s hand, knife, or gun.
Assault – is an attempt to commit a battery
Pointing or shooting a gun at someone is an example of an Assault
A bullet striking someone would be a battery.
Simple Assault and Battery are generally misdemeanors
Depends on the situation and severity of injuries
Aggravated Assault and Battery are felonies
To qualify for aggravated the assault or battery must be committed with a deadly weapon or with intent to kill

10. Kidnapping and Child Abuse
Kidnapping – involves the unlawful removal or restraint of a person against that person’s will
The essence of the crime is illegally imprisoning rather than moving the victim
Child Abuse- the physical, emotional or sexual mistreatment of children

11. Rape
Rape - non-consensual sexual intercourse that is committed by physical force, threat of injury, or other duress
Statutory Rape – having sex with a person under the age of 16 and being 4 years older unless married

12. Sexual Assault
Sexual Assault - person engages in sexual intercourse or deviate sexual intercourse with a complainant without the complainant's consent

13. Crimes Against Property
Burglary
Larceny
Embezzlement
Robbery
Arson

14. Burglary and Arson
Burglary - Is defined as breaking and entering into a place that is not yours
The essence of the crime burglary is the act of breaking and entering
Arson – the willful and malicious burning of a building or structure.
The building must have been on fire to get an Arson charge. If part of the building is just blackened or scorched it will not get an Arson charge.

15. Larceny
Larceny – the unlawful taking and carrying away of personal property of another with the intent to deprive the owner.
It is the legal term for STEALING
Petty Larceny = misdemeanor
Less than $300 = Petty Larceny
Grand Larceny = felony
More than $300 = Grand Larceny
Shoplifting is a form of Larceny

16. Embezzlement
Embezzlement – Is the wrongful taking away of another person’s property by a person who has been entrusted with that property.
Very similar to Larceny since both are stealing
Difference is embezzlement the other person entrusted you with their property
Larceny you just took their property

17. Robbery
Robbery – the wrongful taking and carrying away of the personal property of another accompanied by violence or threats
Difference between Robbery and Larceny
In Robbery there is a taking from a person’s body or near a person’s body.
In Larceny the taking does not take close to a person’s body
Robbery ex: Snagging an ladies purse
Larceny ex: Taking a ladies purse from her house when she was not there.

18. Crimes Against Business Interests
Forgery
Bribery and Extortion
Computer Crimes

19. Forgery
Forgery - The making or changing of a writing with the intent to defraud
Signing of another persons name on a check

20. Bribery and Extortion
Bribery – it is illegal to pay or give anything of value to public officials in order to influence them.
Extortion – the unjust taking of money by a public official

21. Computer Crimes
This includes crimes such as Cyber Bullying and all other crimes doing with computers

22. Defenses to Crimes
Insanity
Entrapment
Self-Defense

23. Insanity
Insanity Plea – as a result of a mental disease or defect he or she lack substantial capacity either to appreciate the criminality of his conduct or to conform his conduct to the requirements of law

24. Entrapment
Entrapment – when a law officer induces a law abiding citizen to commit a crime.
You can use this as a defense

25. Self-Defense
Self Defense – a person have a reason to believe they are in serious danger or injury or death.
In ones own home the person must retreat before using self defense.

26. Sentencing
Fines
Imprisonment
The Death Penalty

27. Fines
Fines – payment of a specified amount of money as a penalty for committing a crime.
Very common for lesser crimes

28. Imprisonment
Imprisonment- spending a given amount of time in a jail or prison for a crime you have committed.

29. The Death Penalty Person is put to death for committing a crime.
States without the death penalty
Alaska (1957) Hawaii (1957) Illinois (2011) Iowa (1965) Maine (1887) Massachusetts (1984) Michigan (1846) Minnesota (1911) New Jersey (2007) New Mexico* (2009) New York (2007)# North Dakota (1973) Rhode Island (1984)** Vermont (1964) West Virginia (1965) Wisconsin (1853) ALSO - Dist. of Columbia (1981)