Chapter 2 – Criminal Law

Spirit of the Law Crime – Act against the public good Punishable by fine, imprisonment or both Must be prohibited by the law of the place where committed; law must provide for punishment of offenders

Essential Terms Plaintiff – state of federal government representing public at large Prosecutor – government accusing person of a crime Defendant – person accused of crime

Classification of Crimes Felony – major crime, punishable by imprisonment or death Misdemeanor – less serious crime, punishable by fine or imprisonment

Elements of a Crime (Two are necessary) Criminal Act – conduct that is forbidden, must be defined by a statute or implied in criminal code Can also be failure to act (not registering to vote when 18) Required State of Mind – specified in statute that defines the crime Intent to commit Accidental

MOTIVE Plays no part in proving criminal liability Does establish a list of suspects Lack of motive doesn’t remove criminal liability

Crime Groupings Crimes Against People Crimes Against Property Crimes Against Business Interests

Crimes Against People Murder Manslaughter Assault & Battery Kidnapping Sex Offenses

Rape – sexual intercourse without consent Statutory rape – intercourse between an adult and a minor Child molestation Indecent liberties Voyeurism Laws apply to males and females as well as to same sex crimes

Crimes Against Property Burglary Larceny Embezzlement Robbery Arson

Crimes Against Business Interests Larceny by False Pretenses Forgery Bribery & Extortion Computer Crimes

Defenses to Crimes Insanity Committed to Institutions and undergo psychiatric exams Entrapment – must show wouldn’t have done crime without inducement by officer Self-Defense – when in danger of serious injury or death Must retreat, unless in own home Must show didn’t start the altercation Defense of Family Member- must believe victim in danger of severe bodily injury or death Don’t need to retreat if in own home

Sentencing Convicted Criminals Fines – payments as penalty Imprisonment – Indefinite minimum and maximum time (can be lessened by good behavior) Definite number of years (can be lessened by good behavior) Mandatory – can’t be changed by good behavior Death Penalty – 3 phases must be met Jury, pre-sentence hearing, appeal to state’s highest court Judge decides on penalty