2 VocabularyCrime – is an act against the public good, punishable by fine, imprisonment, or bothFelonies – is a major crime punishable by imprisonment or deathMisdemeanor – 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:MurderManslaughterBurglaryRobberyArsonExamples of Misdemeanors:Driving without a licenseUnderage drinkingLeaving 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 crimeRequired State of MindYou have to be able to determine the persons intentExample: Did the man intentionally run over the other man or unintentionally run over the man
5 MotiveThe reason a crime is commitedExamples:9/11Casey Anthony
6 Types of Crimes Against People MurderManslaughterAssault and BatteryKidnappingRapeChild AbuseSexual Assualt
7 MurderMurder – the unlawful killing of another human being with malice aforethought.Malice aforethought means there was an evil intent1st Degree MurderWent in with the intent on killing2nd Degree MurderThere was not an intent to kill
8 ManslaughterManslaughter – unlawful killing of another human being without malice aforethought.Voluntary Manslaughter – when someone acts out of great personal distress when a killing happensHard to proveInvoluntary 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 batteryPointing or shooting a gun at someone is an example of an AssaultA bullet striking someone would be a battery.Simple Assault and Battery are generally misdemeanorsDepends on the situation and severity of injuriesAggravated Assault and Battery are feloniesTo 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 willThe essence of the crime is illegally imprisoning rather than moving the victimChild Abuse- the physical, emotional or sexual mistreatment of children
11 RapeRape - non-consensual sexual intercourse that is committed by physical force, threat of injury, or other duressStatutory Rape – having sex with a person under the age of 16 and being 4 years older unless married
12 Sexual AssaultSexual Assault - person engages in sexual intercourse or deviate sexual intercourse with a complainant without the complainant's consent
13 Crimes Against Property BurglaryLarcenyEmbezzlementRobberyArson
14 Burglary and ArsonBurglary - Is defined as breaking and entering into a place that is not yoursThe essence of the crime burglary is the act of breaking and enteringArson – 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 LarcenyLarceny – the unlawful taking and carrying away of personal property of another with the intent to deprive the owner.It is the legal term for STEALINGPetty Larceny = misdemeanorLess than $300 = Petty LarcenyGrand Larceny = felonyMore than $300 = Grand LarcenyShoplifting is a form of Larceny
16 EmbezzlementEmbezzlement – 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 stealingDifference is embezzlement the other person entrusted you with their propertyLarceny you just took their property
17 RobberyRobbery – the wrongful taking and carrying away of the personal property of another accompanied by violence or threatsDifference between Robbery and LarcenyIn 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 bodyRobbery ex: Snagging an ladies purseLarceny ex: Taking a ladies purse from her house when she was not there.
18 Crimes Against Business Interests ForgeryBribery and ExtortionComputer Crimes
19 ForgeryForgery - The making or changing of a writing with the intent to defraudSigning of another persons name on a check
20 Bribery and ExtortionBribery – 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 CrimesThis includes crimes such as Cyber Bullying and all other crimes doing with computers
22 Defenses to CrimesInsanityEntrapmentSelf-Defense
23 InsanityInsanity 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 EntrapmentEntrapment – when a law officer induces a law abiding citizen to commit a crime.You can use this as a defense
25 Self-DefenseSelf 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.
27 FinesFines – payment of a specified amount of money as a penalty for committing a crime.Very common for lesser crimes
28 ImprisonmentImprisonment- 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 penaltyAlaska (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)