Presentation on theme: "CRIMINAL LAW Crime and Punishment. The Basics of Criminal Law Regulates public conduct Sets out duties owed to society Legal action that can ONLY be brought."— Presentation transcript:
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
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
Introduction to Criminal law Intent the mental state that a person commits a crime Motive reason for performing the act
Consequences/Punishments Death Imprisonment Fines Supervision Probation Community service Restitution = requiring criminals to pay back or compensate the victim
Classes of Crimes Felonies = very serious crimes accompanied by imprisonment for more than a year or death
Common Examples of Felonies Murder Robbery Arson aggravated assault/battery fraud Rape DUI drug possession (over a certain weight) Treason embezzlement
Classes of Crimes Misdemeanor = lesser criminal act accompanied by imprisonment for less than a year. Probation and community service common consequences.
Common Examples of Misdemeanors Minor theft Prostitution simple assault trespassing Vandalism public intoxication disorderly conduct
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
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
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)
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)
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
Crimes against persons Vehicular Homicide = killing through criminal act of drunk driving, running from the police. Euthanasia = “mercy killing” putting someone to death painlessly.
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
YOU BE THE JUDGE Street Law: p. 109 Read situations a-c Write down your responses
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
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
Crimes against property Arson = willful and malicious burning of another person’s property. –Or burning of own property to get insurance money.
Vandalism = willful destruction or damage to property of another person
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
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.
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
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)