1. CRIMINAL LAW Crime and Punishment

2. The Basics of Criminal Law Regulates public conduct Sets out duties owed to society Legal action that can ONLY be brought by the GOVERNMENT against a PERSON charged with committing a crime

3. Introduction to Criminal law Almost all crimes require 2 things… 1. an ACT 2. a GUILTY STATE OF MIND This means the act was done intentionally, knowingly, and willfully

4. Introduction to Criminal law Intent the mental state that a person commits a crime Motive reason for performing the act

5. Consequences/Punishments Death Imprisonment Fines Supervision Probation Community service Restitution = requiring criminals to pay back or compensate the victim

6. Classes of Crimes Felonies = very serious crimes accompanied by imprisonment for more than a year or death

7. Common Examples of Felonies Murder Robbery Arson aggravated assault/battery fraud Rape DUI drug possession (over a certain weight) Treason embezzlement

8. Classes of Crimes Misdemeanor = lesser criminal act accompanied by imprisonment for less than a year. Probation and community service common consequences.

9. Common Examples of Misdemeanors Minor theft Prostitution simple assault trespassing Vandalism public intoxication disorderly conduct

10. Who is involved in the criminal act? Principal = a person who commits a crime. Accomplice = someone who helps another commit a crime. Accessory before the fact = a person who orders the crime and helps the principal but is NOT present. Accessory after the fact = a person who, knowing a crime has been committed, helps the principal avoid capture and/or escape

11. Who is involved in the criminal act? Attempt = performs all the elements of a crime, but fails to achieve the criminal result Solicitation = crime of asking, commanding, urging or advising a person to commit a crime. Street Law pp. 104-105 Drowning Girl Problem 8.3

12. Conspiracy = an agreement between two or more persons to commit a crime. Crime of omission = failure to perform an act that the person is capable of completing. (paying taxes/hit and run)

13. Crimes against persons p.108 Homicide = the killing of one human being by another – MOST SERIOUS First degree murder = premeditated, deliberate and malicious. Second degree murder = NOT premeditated but with intent (malice). Felony murder = killing that takes place during a felony crime. (robbery, arson,etc)

14. Crimes against persons Voluntary manslaughter = unintentional killing under circumstances that lessen but do not excuse the crime. Involuntary manslaughter = killing caused by reckless conduct. No intent to kill at all. Negligent homicide = death through criminal negligence

15. Crimes against persons Vehicular Homicide = killing through criminal act of drunk driving, running from the police. Euthanasia = “mercy killing” putting someone to death painlessly.

16. Non-Criminal Homicide Non-criminal homicide - Justifiable or excusable, killer deemed faultless Examples : Killing of enemy soldiers during wartime, execution of condemned criminal, the killing by a police officer of a person committing a serious crime, self-defense, or in defense of another person Suicide p. 110

17. YOU BE THE JUDGE Street Law: p. 109 Read situations a-c Write down your responses

18. Assault and Battery Assault = any attempt or threat to carry out a physical attack Battery = any unlawful physical contact inflicted by one person upon another person without consent

19. Assault and Battery Rape = sexual intercourse without consent statutory rape = intercourse between an adult and a minor Acquaintance rape or date rape = sexual assault by someone known to the victim Common Examples: Date, friend, neighbor, boyfriend

20. Crimes against property Arson = willful and malicious burning of another person’s property. –Or burning of own property to get insurance money.

21. Vandalism = willful destruction or damage to property of another person

22. Crimes against property Larceny = unlawful taking and carrying away of the property of another with intent to steal it. –Grand Larceny = theft of $1000 or more –Petty Larceny = theft of $1000 or less

23. Crimes against property Embezzlement = unlawful taking of the property that was entrusted to the person. –“White collar crime” Robbery = unlawful taking of property from a person’s immediate possession by force or intimidation.

24. Crimes against property Burglary = unauthorized entry into a structure with intent to commit a crime. –Increased penalties for entry at night, weapon or person in the dwelling. Extortion = to obtain another’s property through threats physical or monetary. –Blackmail –Do not have to actually obtain to get convicted

25. Crimes against property Forgery = a person who falsely makes or alters a written document with intent to commit a fraud. –Computer crime, illegal copying of files. Uttering = offering a genuine document known to be fake. –Dealing in false identification (fake id)