1. Law & Justice Chapters 8-10 Criminal Laws & Defenses

2. Requirements Criminal Law Criminal Law State of Mind – means a person did something knowingly, willfully, intentionally State of Mind – means a person did something knowingly, willfully, intentionally INTENT!!!! INTENT!!!! Bob leaves a stove on when he goes to work, accidentally, and the house burns down Bob leaves a stove on when he goes to work, accidentally, and the house burns down Bob committed the act – burning down the house Bob committed the act – burning down the house Bob did not have the intent Bob did not have the intent State of mind is different from motive State of mind is different from motive Motive – reason someone performs the act Motive – reason someone performs the act Murder motives – money, revenge, anger, etc..) Murder motives – money, revenge, anger, etc..)

3. Requirements Some crimes are Strict Liability – which means it requires no intent Some crimes are Strict Liability – which means it requires no intent Selling alcohol to a minor – even though you don’t know it’s a minor, its still a crime Selling alcohol to a minor – even though you don’t know it’s a minor, its still a crime

4. Categories Crimes are broken into two categories Crimes are broken into two categories Felonies Felonies Murder, manslaughter, rape, sodomy, mayhem, robbery, burglary, larceny Murder, manslaughter, rape, sodomy, mayhem, robbery, burglary, larceny Potential penalty is imprisonment for more than one year Potential penalty is imprisonment for more than one year Misdemeanors Misdemeanors Contain all other crimes Contain all other crimes Potential penalty is imprisonment for less than one year Potential penalty is imprisonment for less than one year

5. Terms Criminals – There are 4 terms used for people involved with crime Criminals – There are 4 terms used for people involved with crime Principal – person who commits a crime Principal – person who commits a crime Accomplice – person who assists the perpetrator in committing the crime Accomplice – person who assists the perpetrator in committing the crime Accessory before the fact – orders the commission of a crime or helps plan the crime but is not present for it Accessory before the fact – orders the commission of a crime or helps plan the crime but is not present for it Accessory after the fact – person who knows a crime has been committed but still helps the perpetrator or accomplice escape or avoid capture Accessory after the fact – person who knows a crime has been committed but still helps the perpetrator or accomplice escape or avoid capture

6. Crimes against the person Crimes against the Person – criminals use either force or threaten force against the victim Crimes against the Person – criminals use either force or threaten force against the victim Domestic Violence Domestic Violence Includes intimate partner violence (spousal abuse), abuse by ex-spouses, ex-boyfriends, ex-girlfriends, family violence, child abuse, elder abuse, or abuse by members of the same household Includes intimate partner violence (spousal abuse), abuse by ex-spouses, ex-boyfriends, ex-girlfriends, family violence, child abuse, elder abuse, or abuse by members of the same household Robbery Robbery Unlawful taking of property from a person’s immediate possession by force or intimidation Unlawful taking of property from a person’s immediate possession by force or intimidation victims offer suffer injury and sometimes even death victims offer suffer injury and sometimes even death

7. Crimes against the person Rape Rape Sexual intercourse without consent Sexual intercourse without consent Statutory Rape Statutory Rape involves intercourse between an adult and a minor involves intercourse between an adult and a minor Suicide Suicide Courts only see attempted suicide (obviously) Courts only see attempted suicide (obviously) treated as a cry for help, they will order evaluations of the person treated as a cry for help, they will order evaluations of the person

8. Crimes against the person Assault – Battery Assault – Battery Assault is any attempt or threat to carry out a physical attack upon another person Assault is any attempt or threat to carry out a physical attack upon another person Battery is unlawful physical contact inflicted by one person on another without consent Battery is unlawful physical contact inflicted by one person on another without consent Homicide Homicide The killing of one human being by another The killing of one human being by another Homicides can be either criminal or non-criminal Homicides can be either criminal or non-criminal Justifiable homicide Justifiable homicide Soldier in war, executioner for a state, police officer, self defense Soldier in war, executioner for a state, police officer, self defense Criminal Homicides Criminal Homicides Usually done with malice Usually done with malice Having the intent to kill or seriously harm another person or acting in an extremely reckless manner, which shows a lack of regard for human life. Having the intent to kill or seriously harm another person or acting in an extremely reckless manner, which shows a lack of regard for human life.

9. Homicides Homicides are divided into 6 types Homicides are divided into 6 types First Degree Murder First Degree Murder Killing that is premeditated, deliberate, and done with malice Killing that is premeditated, deliberate, and done with malice deliberate – done with a cool mind, capable of reflection deliberate – done with a cool mind, capable of reflection premeditated – the person reflected on the murder before doing it premeditated – the person reflected on the murder before doing it malice – the person intended to kill malice – the person intended to kill Felony Murder Felony Murder Any killing that takes place while a person is committing a felony Any killing that takes place while a person is committing a felony

10. Homicides Second Degree Murder Second Degree Murder Killing that is done with malice, but without premeditation and deliberation Killing that is done with malice, but without premeditation and deliberation intentional but spontaneous killings intentional but spontaneous killings Voluntary Manslaughter Voluntary Manslaughter Killing which is done without malice Killing which is done without malice be seriously provoked by the victim be seriously provoked by the victim not have had an opportunity to cool off not have had an opportunity to cool off act in the heat of anger act in the heat of anger crime of passion crime of passion

11. Homicide Involuntary Manslaughter Involuntary Manslaughter Killing in which there is no intent at all resulting from reckless conduct Killing in which there is no intent at all resulting from reckless conduct playing with a loaded gun and it goes off playing with a loaded gun and it goes off Negligent Homicide Negligent Homicide Death caused by failure to exercise a reasonable amount of care in a situation Death caused by failure to exercise a reasonable amount of care in a situation drunk driving drunk driving

12. Crimes against Property Arson Arson willful and malicious burning of a persons property willful and malicious burning of a persons property Vandalism Vandalism willful destruction of or damage to the property of another willful destruction of or damage to the property of another breaking windows, ripping down fences, writing graffiti, scratching cars breaking windows, ripping down fences, writing graffiti, scratching cars depending on the amount of damage it can be either a felony or a misdemeanor depending on the amount of damage it can be either a felony or a misdemeanor

13. Crimes against Property Larceny Larceny unlawful and intentional taking of another’s property without his or her consent and with the intent to permanently deprive the owner of the property unlawful and intentional taking of another’s property without his or her consent and with the intent to permanently deprive the owner of the property Grand Larceny – Felony, for stealing over a certain amount (usually $500) Grand Larceny – Felony, for stealing over a certain amount (usually $500) Petty Theft – Misdemeanor, for stealing less than the grand larceny amount Petty Theft – Misdemeanor, for stealing less than the grand larceny amount Shoplifting – taking items from a store without paying (can be either a felony or a misdemeanor) Shoplifting – taking items from a store without paying (can be either a felony or a misdemeanor)

14. Crimes against Property Embezzlement Embezzlement unlawful taking of property by someone to whom it was entrusted unlawful taking of property by someone to whom it was entrusted you give a friend $200 to hold for you while swimming and they keep it you give a friend $200 to hold for you while swimming and they keep it Extortion Extortion making a threat with the intent of getting property from another person making a threat with the intent of getting property from another person sometimes called blackmail sometimes called blackmail give me $1,000 by Friday or I will kill you give me $1,000 by Friday or I will kill you If I am holding a gun at that moment--- robbery If I am holding a gun at that moment--- robbery

15. Crimes against Property Burglary Burglary unlawful entry into any building with the intent to commit a crime unlawful entry into any building with the intent to commit a crime Forgery Forgery falsely makes or alters a document with intent to defraud falsely makes or alters a document with intent to defraud signing the name of another person to a check signing the name of another person to a check Fraud Fraud knowingly misrepresenting a fact to get property from another person knowingly misrepresenting a fact to get property from another person I say a worthless coin is gold – and I sell it to you for $100 I say a worthless coin is gold – and I sell it to you for $100

16. Crimes against Property Receiving Stolen Property Receiving Stolen Property receiving or buying property that you know or have reason to believe is stolen receiving or buying property that you know or have reason to believe is stolen buying stereo parts out of the trunk of a car for very cheap… buying stereo parts out of the trunk of a car for very cheap…

17. Defenses For a conviction to occur in a criminal case, the prosecutor must establish For a conviction to occur in a criminal case, the prosecutor must establish defendant committed the act in question defendant committed the act in question defendant had the required intent defendant had the required intent must be proven Beyond a Reasonable Doubt must be proven Beyond a Reasonable Doubt Claims for Defense Claims for Defense No crime was committed No crime was committed No criminal intent was involved No criminal intent was involved Alibi Alibi Evidence that the defendant was somewhere else when the crime was committed Evidence that the defendant was somewhere else when the crime was committed

18. Defenses Lack of Criminal Responsibility Lack of Criminal Responsibility Infancy Infancy Legal defense of a person considered not yet legally responsible for their actions Legal defense of a person considered not yet legally responsible for their actions children are then turned over to juvenile courts children are then turned over to juvenile courts

19. Defenses Intoxication Intoxication Defendant claims at the time of the offense, they were so drunk or high that they did not know what they were doing Defendant claims at the time of the offense, they were so drunk or high that they did not know what they were doing Voluntary intoxication is not a defense to a crime, however it may be a valid defense if the crime requires proof of a specific mental state Voluntary intoxication is not a defense to a crime, however it may be a valid defense if the crime requires proof of a specific mental state Randy is charged with assault with intent to kill – he claims he was drunk – if he can prove that he was so drunk that he could not have formed the intent to kill, his intoxication would be a valid defense Randy is charged with assault with intent to kill – he claims he was drunk – if he can prove that he was so drunk that he could not have formed the intent to kill, his intoxication would be a valid defense Randy can still be convicted of assault, since no specific intent for that is required Randy can still be convicted of assault, since no specific intent for that is required

20. Defenses Entrapment Entrapment Defense that applies when the defendant admits to committing the act, but claims they were induced or persuaded to commit the crime by a law enforcement official. Defense that applies when the defendant admits to committing the act, but claims they were induced or persuaded to commit the crime by a law enforcement official. difficult to prove difficult to prove cannot be used as a defense to serious physical injury crimes like rape or murder cannot be used as a defense to serious physical injury crimes like rape or murder

21. Defenses Duress Duress When someone does something as a result of coercion or threat of immediate danger to life or safety When someone does something as a result of coercion or threat of immediate danger to life or safety under duress a person lacks the ability to exercise free will under duress a person lacks the ability to exercise free will Someone kidnaps your child, and threatens to kill them unless you rob a bank Someone kidnaps your child, and threatens to kill them unless you rob a bank Duress cannot be used as a defense for homicide Duress cannot be used as a defense for homicide

22. Defenses Necessity Necessity When someone is compelled to react to a situation that is unavoidable to protect life When someone is compelled to react to a situation that is unavoidable to protect life You are left adrift on a lifeboat that is so heavy with cargo that it is in danger of sinking, so you throw the cargo overboard. In this case, necessity would be a good defense to the charge of destruction of property. You are left adrift on a lifeboat that is so heavy with cargo that it is in danger of sinking, so you throw the cargo overboard. In this case, necessity would be a good defense to the charge of destruction of property. necessity is not a defense to homicide (you cant throw other people over) necessity is not a defense to homicide (you cant throw other people over)

23. Defenses Insanity Insanity Defense stating that because of mental disease or defect the defendant should not be held responsible for the crime committed. Defense stating that because of mental disease or defect the defendant should not be held responsible for the crime committed. There are several tests to determine insanity There are several tests to determine insanity The M’Naghten Rule The M’Naghten Rule Defendants mush show that because of their mental illness they did not know what they were doing or they did not know it was wrong. Defendants mush show that because of their mental illness they did not know what they were doing or they did not know it was wrong. About 50% of states and federal courts use this rule About 50% of states and federal courts use this rule

24. Defenses The Irresistible Impulse Rule The Irresistible Impulse Rule Defendant must prove that the crime was committed because of an insane impulse that controlled their will. Defendant must prove that the crime was committed because of an insane impulse that controlled their will. This test of insanity often supplements the M’Naghten Rule This test of insanity often supplements the M’Naghten Rule The Durham Rule The Durham Rule Defendant must prove that the crime was the product of mental disease or mental defect of some sort. Defendant must prove that the crime was the product of mental disease or mental defect of some sort. because of its vagueness, no state follows it today because of its vagueness, no state follows it today

25. Defenses Model Penal Code Test (Substantial Capacity Test) Model Penal Code Test (Substantial Capacity Test) Under this rule, defendants are insane IF: Under this rule, defendants are insane IF: they lacked substantial capacity to appreciate the criminality of their conduct OR they lacked substantial capacity to appreciate the criminality of their conduct OR they lacked substantial capacity to conform their conduct to the requirement of law they lacked substantial capacity to conform their conduct to the requirement of law Much stricter than Durham, used in about 50% of states and federal courts. Much stricter than Durham, used in about 50% of states and federal courts.

26. Defenses What happens to these defendants What happens to these defendants Committed to mental hospitals Committed to mental hospitals Will not be released into the public until they can prove beyond a reasonable doubt they are sane or that they no longer pose any threat to society. Will not be released into the public until they can prove beyond a reasonable doubt they are sane or that they no longer pose any threat to society.

27. Force Self Defense Self Defense Possible argument that can be used as a defense against crimes against person Possible argument that can be used as a defense against crimes against person Three things must be established Three things must be established you reasonably believed that the force was required for your own protection, even if that belief turns out to be mistaken you reasonably believed that the force was required for your own protection, even if that belief turns out to be mistaken the threatened harm was about to happen and the attacker was willing and able to injure you the threatened harm was about to happen and the attacker was willing and able to injure you the force used in self-defense was reasonable – that is no more than was necessary to prevent the victim from inflicting harm the force used in self-defense was reasonable – that is no more than was necessary to prevent the victim from inflicting harm

28. Defenses Deadly Force may be used when you believe two things: Deadly Force may be used when you believe two things: the attacker was about to kill you or inflict great bodily harm the attacker was about to kill you or inflict great bodily harm the deadly force was the only way of preventing the harm the deadly force was the only way of preventing the harm In general, defending others is the same as defending yourself In general, defending others is the same as defending yourself Rules about deadly force change when people are defending their home Rules about deadly force change when people are defending their home Deadly force may be used IF: Deadly force may be used IF: the intruder is about to unlawfully enter the home the intruder is about to unlawfully enter the home the intruder intends to commit a felony or injure an occupant of a home the intruder intends to commit a felony or injure an occupant of a home deadly force is necessary to stop the intruder deadly force is necessary to stop the intruder