Day 10 story: (Brittany and Ann) other than alcohol and the result, what was different about their actions. Intent
Criminal Act- a punishable offense against society Elements of Criminal Acts 1)Were aware of your duty to do or not to do a specific thing? 2)Did you violate of that duty? 3)Did you have criminal intent? Required state of mind- intended to commit the act and intended to do evil
Felony-A felony is a crime punishable by confinement for more than a year in a state prison or by a fine more than a $1000, or both. Misdemeanor-a less serious crime that is usually punishable in a local jail for less than one year, or by a fine or both. Infraction-An infraction is a noncriminal violation of law not punishable by imprisonment; parking, littering.
Murder-the intentional killing of another person 1 st Degree Murder- willful, deliberate, and premeditated killing of another person either directly or through another felonious act 2 nd Degree Murder- An inherently dangerous act or omission, done in such a reckless and wanton manner without regard for human life. Manslaughter -the killing of another person with malice or intent
Rape/Sex Offenses: Statutory Rape- a sexual act with another person who is 13, 14, or 15 years old and the defendant is at least six years older than the person Date Rape-a victim who is unconscious; or a victim who is physically unable to resist an act a sexual act or communicate unwillingness to submit to an act of intercourse or a sexual act
Assault Simple Assault- is an attempt to commit a battery against another person Battery- is the unlawful touching or forceful striking of another person using a hand, a weapon or other instrument. Aggravated Assault- a person that inflicts serious injury upon another person or uses a deadly weapon Note: N.C. Assault Statutes do not distinguish between assault and battery as both are included as part of the assault criminal statute.
Kidnapping - the unlawful removal or restraint of a person against his or her will.
VandalismBribery ArsonContempt o Court EmbezzlementObstruction of Justice FraudPerjury Money LaunderingTreason Forgery
Explain the difference(s) between Robbery and Burglary?
*Burglary-Any person who breaks or enters any building with intent to commit any felony or larceny therein *Larceny-Larceny of property where the value of the property or goods is not more than one thousand dollars ($1,000) *Robbery-the wrongful taking of property from another person by threat or the actual use of force, violence or a weapon
Vandalism-the willful or malicious damage to property either private or public. Arson-To willfully set fire to or burn or cause to be burned or aid, counsel or procure the burning of any building or other structure of any type Embezzlement- Fraudulently or knowingly and willfully misapply or convert to ones own use, any money or items with monetary value.
Fraud-when a person or a business uses deception to obtain money or property. Money Laundering-When illegally obtained money is put into or through a business to hide its origin Forgery-placing a false signature on a check or other document in order to deceive or deprive someone of their property Treason-giving aid and comfort to enemies of the United States Perjury-occurs when a person under oath lies during a court or administrative process Obstruction of Justice-occurs when a persons does something that hinders the court to move forward in a case Bribery-is giving money or property to a public official in exchange for a favor Contempt of Court-occurs when a person ignores a court order or shows a lack of respect for the court
Domestic Violence: N. C. Domestic Violence Laws Domestic Victim Defined: 1. current or former spouses 2. persons of opposite sex who live together or have lived together 3. related as parents and children, 4. current or former household members 5. persons of the opposite sex who are in a dating relationship or have been in a dating relationship
Criminal Law Process-Requirements: Domestic violence means the commission of one or more of the following acts: 1. Attempting to cause bodily injury, or intentionally causing bodily injury 2. Placing the aggrieved party or a member of the aggrieved party's family or household in fear of imminent serious bodily injury or continued harassment
Civil Law Process-Requirements : The court from specific facts shown, may enter an order as it deems necessary to protect the plaintiffs if there is a danger of acts of domestic violence against them from a defendant.
Not testify against themselves 19 BL 02. 02 PP T 1 Unreasonable search and seizures Legal representation Proof beyond a reasonable doubt
Individuals who knowingly aid in the act of committing a crime are guilty (of criminal wrongdoing) 20 BL 02. 02 PP T 1 Accomplice One who plans or helps with crime Involved in felony where someone is killed, all are guilty of the homicide Vicarious criminal liability
What two types of defense may used in a criminal trial? Procedural & Substantive
Procedural Defense Problem with: Substantive Defense BL02.02 PPT 122 how evidence was obtained the way a person is arrested, questioned, tried or punished Disprove, justify or excuse the alleged crime
Entrapment (procedural) Induced into breaking the law by a law enforcement officer 23 BL 02. 02 PP T 1
Insanity - (substantive) Must prove the MNaghten Rule At the time of the crime, was the defendant suffering from a mental disease so serious that he or she did not know what they were doing was wrong - INTENT If not guilty, what happens? Must serve time in a mental institution until determined to be stable. 24 BL 02. 02 PP T 1 Defendant must prove during trial
Self-Defense - (substantive) Defending yourself from danger Must retreat, if possible 25 BL 02. 02 PP T 1 Defense of Family Members Person has the right to rescue a family member who is being attacked.
Immunity: Granted freedom from prosecution even when a person committed a crime. 26 BL 02. 02 PP T 1 ???
Plea Bargain: Agree to a lesser crime in exchange for more serious crimes being dropped. 27 BL 02. 02 PP T 1 How does this help: the Defense? the Prosecutor? the court system?
Intent: mental attitude with which an individual acts Motive: the cause that moves people to induce a certain action 28 BL 02. 02 PP T 1
Tort-is a private wrong committed by one person against another Elements of a Tort 1. Duty-the obligation to use a reasonable standard of care to prevent injury to others 2. Breach-when you breach or break, your duty to another person 3. Causation-means that breach of duty caused the injury 1. Proximate Cause-when it is reasonably foreseeable that a breach of duty will result in an injury. 2. Vicarious Liability-when one person is liable for the torts of another 4. Actual Harm-The victim suffers an injury, has property destroyed or loses a lot of money.
Assault-occurs when one person intentionally puts another in reasonable fear of an offensive or harmful bodily contact Battery-the harmful or offensive touching of another False Imprisonment-the intentional confinement of a person against the persons will and without the lawful ability to do so Defamation-a false statement that injures a persons reputation or good name
Invasion of Privacy-uninvited intrusion into a persons personal relationships and activities Trespass to Land-entry onto the property of another without consent Conversion-when property is stolen, destroyed or used in a manner that is inconsistent with an owners rights Interference with Contracts-if a third party encourages a breach in any way, then that third party may be liable in tort Fraud-occurs when there is an intentional misrepresentation of an existing important fact (that is a lie) which causes the victim to give up a right or something of value
What is the difference between Assault and Battery?
Negligence- A tort that results when one person carelessly injures another. It is an accidental tort and requires no intent. Elements of Negligence 1) The Defendant owed the Plaintiff a duty of care 2) The Defendant breached that duty by being careless 3) The Defendant carelessness was the proximate cause of harm 4) The Plaintiff was really hurt by the Defendants carelessness.
Contributory Negligence-a defense whenever the defendant can show that the victim did something that helped cause his or her own injuries Comparative Negligence- a defense that is raised when the carelessness of each party is compared to the other partys carelessness Assumption of Risk- a defense raised when the plaintiff knew of the risk involved and still took the chance (assumed risk) of being injured
Court Injunctions- is a court order that prevents a party from performing a specific act and may be temporary of permanent Damages- is a payment recovered in court by a person who has suffered an injury
Alternative Dispute Resolution-occurs when parties try and resolve a disagreement outside of the usual court system Mediation- when parties to a dispute invite a mediator, to help solve the problem *Advantage-final decision remains in the hands of the parties Arbitration- giving the power to settle their dispute to a third party. *Advantage-often results in a fair solution because the decision is in the hands of an objective third party