1. Criminal Law Exam Review
Chapter 3 Mr. Sherpinsky’s Business Law Class © Sherp-A-Pooluza Productions Inc.
Criminal Law Exam Review
Crime is considered an act against the public good

2. Key Terms: Crimes The defendant is the person accused of a crime.
The prosecutor is the government attorney who presents the case in court against the defendant.

3. Key Terms: Crimes
The plaintiff is the party that accuses a person of a crime.
Usually the government, representing the public at large.

4. Classifications of Crimes
Felonies vs. Misdemeanors
Felony-is a major crime punishable by imprisonment of 1 year or longer or death.
Examples: murder
manslaughter
burglary
robbery
arson

5. Classifications of Crimes
Felonies vs. Misdemeanors
Misdemeanor- less serious crime with a less severe penalty. Punishable by:
A fine and/or,
Brief imprisonment (under 1 year) in county or city jail.
Examples: driving without a license, lying about one’s age to purchase alcohol, leaving the scene of an automobile accident

6. Elements of a Crime: 2 Elements
A crime is defined
by two (2) elements:
the criminal act
Most criminal statutes specifically explain conduct that is forbidden.
A criminal act must also involve voluntary conduct.
the required state of mind
The definition of a crime can be changed based on the criminal’s state of mind.

7. Motive plays no part in proving criminal liability.
Elements of a Crime:
Motive
Motive plays no part in proving criminal liability.
If a person has committed a forbidden act with the required state of mind, then he or she is criminally liable.

8. Elements of a Crime: Defenses to Crimes Common defenses are: insanity
entrapment
self-defense
defense of family members
Defense attorneys try to show prosecution failed to prove the required elements for the crime

9. Defenses to Crimes
Insanity – cannot be held responsible if they do not know what they are doing
M’Naughten rule: Oldest test of Insanity: says the defendant must be proven to suffer from mental disease so serious that they did not know the nature of their actions
American Law Institute (ALI): Not considered responsible if they lack substantial capacity to appreciate the criminality of the conduct

10. Defenses to Crimes
Entrapment – law enforcement officer induces a law-abiding citizen to commit a crime

11. Defenses to Crimes (continued)
Self-Defense – good reason to believe they are in danger of serious injury or death
Must try to retreat first unless it happens in your own home

12. Key Terms: Crimes
Accessory before the fact- a person who orders a crime or helps the principal commit the crime but who is not present.
Accessory after the fact- is a person who, knowing a crime has been committed, helps the principal or an accomplice avoid capture or escape.
Not charged with original crime but often may be charged with harboring a fugitive, aiding an escape, or obstructing justice

13. Crimes Against People
Murder- is the unlawful killing of another human being with malice of aforethought, which means the killer had evil intent.
Two degrees (1st and 2nd Degree)

14. Malice aforethought
malice aforethought (or malice prepense) is the element of mens rea (Latin for "guilty mind") which must accompany the actus reus of death, in order to secure a conviction for murder under the common law.
In other words, knowledge that through an action or omission, the result will be some one's death

15. Murder 2nd Degree 1st Degree (Aggravated)
Killing with premeditation
Killing in a cruel way
Killing while committing of certain felonies
Felony Murder (Also 1st degree)
Any killing during commission of crime,
Not necessary to prove intent, presumed malice even if accidental
2nd Degree
None of the above characteristics can apply
Distinction Important?
Why? Death penalty

16. Death: Negligent Homicide
Causing the death through criminal negligence
Negligence is the failure to exercise a reasonable or ordinary amount of care in a situation
Most common form of negligent homicide is:
Vehicular or automobile, homicide
Civil versus criminal?

17. Key Terms: Crimes
Manslaughter- The unlawful killing of another human being without malice aforethought.

18. Key Terms: Crimes
Voluntary Manslaughter- occurs when one person intends to kill another but does so suddenly and as the result of great personal distress.
Involuntary Manslaughter- occurs when one person, while committing an unlawful act or reckless act, unintentionally kills another.

19. Assault and Battery Assault Degrees
The attempt or threat to carry out a physical attack (Battery)
Actual injury is not necessary
Pointing a gun is considered aggravated assault.
(The bullet striking someone would be battery)
Degrees
Simple Assault (Misdemeanors) vs. Aggravated Assault (Felony)
Often defined by the harm inflicted
Some states eliminated the differences between Assault and Battery

20. Assault and Battery Battery Unlawful touching of another
Usually involves the forceful use of person’s hand, knife or gun against another
Also includes:
Poisoning and Drugs, (given to unsuspecting victim,
Spitting in someone’s face,
Commanding a dog to attack, or even
Kissing someone without permission
Accidentally bumping into someone isn’t battery

21. Kidnapping Can Involve:
Unlawful imprisonment for ransom, terrorism, torture, rape, or to commit a felony

22. Domestic Violence
Domestic Violence- any reckless form of physical or mental abuse within a family or household.

23. Hate Crimes or Hate Speech
Hate Crimes or Hate Speech- involves certain symbols, writing, pictures, or spoken words to cause fear or anger in people because of their race, religion, color, gender, or sexual orientation.

24. Property Crimes Burglary
breaking and entering of a dwelling at night with the intent to commit a felony.
Includes daytime today, other places than homes, also added intent to commit misdemeanors
Requires every part to be proven

25. Property crimes Larceny Embezzlement
Unlawful taking and carrying away of the personal property of another with intent to deprive the owner
Petty (Misdemeanor) versus Grand (Felony)
Decided by value of property
Embezzlement
Wrongful taking of another’s property by a person who has been entrusted with that property

26. Property crimes Robbery
Unlawful taking and carrying away of the property of another through violence, force, or threats
Two harms:
Theft of property
Potential physical harm to victims