Chapter 5 Criminal Law FSS 220 – Fire & Emergency Services Law

Objectives Distinguish between violations of civil and criminal law. Distinguish between violations of civil and criminal law. Distinguish between felonies and misdemeanors. Distinguish between felonies and misdemeanors. Identify three elements that make up a crime. Identify three elements that make up a crime. 2

Objectives Explain when an omission can give rise to criminal liability. Explain when an omission can give rise to criminal liability. Identify the four criminal mental states. Identify the four criminal mental states. 3

Objectives Identify elements for the following crimes: Identify elements for the following crimes: First-degree murder, second-degree murder, voluntary manslaughter, involuntary manslaughter, battery, assault, sexual assault, rape and child molestation First-degree murder, second-degree murder, voluntary manslaughter, involuntary manslaughter, battery, assault, sexual assault, rape and child molestation 4

Objectives Identify elements for the following crimes: Identify elements for the following crimes: Larceny, robbery, obtaining money under false pretenses, extortion, embezzlement, burglary, false imprisonment, kidnapping, RICO Larceny, robbery, obtaining money under false pretenses, extortion, embezzlement, burglary, false imprisonment, kidnapping, RICO Arson Arson 5

Criminal versus Civil Law What is the difference between criminal law and civil law? What is the difference between criminal law and civil law? 6

Criminal versus Civil Law Criminal LawCivil Law Brought ByGovernmentParty who has been wronged Burden of ProofBeyond a reasonable doubt More likely than not PenaltyJail, probation, fine or restitution Money damages or a court order 7

Crime Criminal Conduct Criminal Conduct Common Law crimes Common Law crimes Statutory crimes Statutory crimes Violation of a law is not criminal unless the law declares that it is criminal Violation of a law is not criminal unless the law declares that it is criminal 8

Federal versus State Jurisdiction Federal jurisdiction is limited by Constitution Federal jurisdiction is limited by Constitution States have broad criminal jurisdiction States have broad criminal jurisdiction 9

Reasons for Criminal Punishment Deterrence Deterrence Deter this person Deter this person Deter others Deter others Protect society from wrong-doer through incarceration Protect society from wrong-doer through incarceration 10

Reasons for Criminal Punishment Vindication of victim and society Vindication of victim and society Satisfies innate need for justice Satisfies innate need for justice Avoids temptation of people toward vigilanteism Avoids temptation of people toward vigilanteism Helps maintain order Helps maintain order 11

Felonies and Misdemeanors Felonies are more serious offenses Felonies are more serious offenses Punishable by more than one year in jail Punishable by more than one year in jail Some jurisdictions say that crimes with fines in excess of $500 or $1,000 are felonies Some jurisdictions say that crimes with fines in excess of $500 or $1,000 are felonies Misdemeanors are less serious Misdemeanors are less serious Punishable by one year or less in jail Punishable by one year or less in jail 12

Crimes Defined by statutes and/or case law Defined by statutes and/or case law Made up of elements Made up of elements Act Act Mental State Mental State Attendant Circumstances Attendant Circumstances 13

Act The Act requirement can be satisfied by either an affirmative act or an omission The Act requirement can be satisfied by either an affirmative act or an omission Affirmative act Affirmative act Drive a car Drive a car Shoot a gun Shoot a gun Set a fire Set a fire 14

Act An omission is the failure to act when under a legal duty to act An omission is the failure to act when under a legal duty to act Failure of lifeguard to assist swimmer in distress Failure of lifeguard to assist swimmer in distress On duty FF fails to assist person in distress On duty FF fails to assist person in distress Commonwealth v. Levesque, 436 Mass. 443 (2002) Commonwealth v. Levesque, 436 Mass. 443 (2002) 15

Act Act or omission must be a voluntary act Act or omission must be a voluntary act Driving a car Driving a car Shooting a gun Shooting a gun Parent not feeding infant to punish for crying Parent not feeding infant to punish for crying An involuntary act cannot be basis for criminal liability An involuntary act cannot be basis for criminal liability 16

Mental State Also called criminal intent Also called criminal intent Ambiguous term Ambiguous term 17

Mental State Four criminal mental states (Model Penal Code) Four criminal mental states (Model Penal Code) Purposeful Purposeful Knowing Knowing Reckless Reckless Negligent Negligent 18

Purposeful Conscious desire to engage in certain conduct or cause a certain result Conscious desire to engage in certain conduct or cause a certain result 19

Knowing Knowledge that conduct will produce a certain result Knowledge that conduct will produce a certain result 20

Reckless Consciously disregards a known and substantial unjustifiable risk of harm Consciously disregards a known and substantial unjustifiable risk of harm Disregarding risk to the degree that it constitutes a gross deviation from standard conduct Disregarding risk to the degree that it constitutes a gross deviation from standard conduct 21

Reckless Depraved heart recklessness Depraved heart recklessness Person acted with a depraved heart Person acted with a depraved heart Most common example: Most common example: Person who plays Russian Roulette Person who plays Russian Roulette 22

Negligent Someone who should be aware of a substantial and unjustifiable risk involving a gross deviation from the reasonable prudent person standard Someone who should be aware of a substantial and unjustifiable risk involving a gross deviation from the reasonable prudent person standard 23

Strict Liability Most crimes require proof of a culpable mental state Most crimes require proof of a culpable mental state Model Penal Code definitions Model Penal Code definitions Some relatively minor crimes do not Some relatively minor crimes do not Referred to as Strict Liability Crimes Referred to as Strict Liability Crimes Common with regard to regulatory offenses Common with regard to regulatory offenses 24

Attendant Circumstances Other fact must exist Other fact must exist Example Example Convicted of assault on a uniformed officer Convicted of assault on a uniformed officer Officer must be in uniform Officer must be in uniform 25

Homicide Includes two basic crimes Includes two basic crimes 1. Murder 2. Manslaughter 26

Murder Killing with malice aforethought Killing with malice aforethought ACT: Killing or causing death ACT: Killing or causing death MENTAL STATE: Malice aforethought MENTAL STATE: Malice aforethought Purposeful Purposeful Knowing Knowing Recklessness indicating depraved heart Recklessness indicating depraved heart 27

Murder First-Degree Murder First-Degree Murder Premeditated murder Premeditated murder Unintended death of someone during the commission of a felony (Felony Murder) Unintended death of someone during the commission of a felony (Felony Murder) Second-Degree Murder Second-Degree Murder Any murder not first degree Any murder not first degree 28

Manslaughter Voluntary Manslaughter Voluntary Manslaughter Intentional killing in the heat of passion as a result of severe provocation Intentional killing in the heat of passion as a result of severe provocation 29

Manslaughter Involuntary Manslaughter Involuntary Manslaughter Death resulting from reckless (or in some states negligent) conduct of defendant Death resulting from reckless (or in some states negligent) conduct of defendant Unintentional killing Unintentional killing Actor is still legally responsible Actor is still legally responsible 30

Coconut Grove Fire, Boston, MA November 28, 1942 November 28, 1942 Popular nightclub, capacity of 600 Popular nightclub, capacity of 600 Over 1,000 people in club Over 1,000 people in club Exit doors welded shut Exit doors welded shut 31

Coconut Grove Fire, Boston, MA Exit doors opened inward Exit doors opened inward Highly combustible furnishings Highly combustible furnishings Accidental fire started by busboy Accidental fire started by busboy 492 people died 492 people died 32

Coconut Grove Fire, Boston, MA Massachusetts indicted club owner Massachusetts indicted club owner Defendant was convicted of involuntary manslaughter Defendant was convicted of involuntary manslaughter See: Commonwealth v. Welansky Massachusetts Supreme Judicial Court, 316 Mass. 383 (1944) See: Commonwealth v. Welansky Massachusetts Supreme Judicial Court, 316 Mass. 383 (1944) 33

Battery Unpermitted offensive touching of another Unpermitted offensive touching of another Punches Punches Slaps Slaps Poking with a finger Poking with a finger Spitting Spitting Touching Touching 34

Battery A person can consent to being touched A person can consent to being touched Thus consent is a defense to battery charges Thus consent is a defense to battery charges Consent must be knowing and voluntary Consent must be knowing and voluntary Consent may be implied Consent may be implied 35

Battery and Emergency Responders Medical treatment involves touching Medical treatment involves touching Consent can be implied from the circumstances Consent can be implied from the circumstances Person calls for rescue/EMS assistance Person calls for rescue/EMS assistance Person is ill or injured and does not object to treatment Person is ill or injured and does not object to treatment Consent may be withdrawn or limited Consent may be withdrawn or limited 36

Battery and Consent Consent induced by fraud, deceit, or misrepresentations is not valid Consent induced by fraud, deceit, or misrepresentations is not valid Example: Person pretends to be a doctor and is allowed to examine and treat a person Example: Person pretends to be a doctor and is allowed to examine and treat a person Person can be charged with battery Person can be charged with battery Victims consent was obtained through fraud Victims consent was obtained through fraud 37

Battery and Consent Implied consent is limited by circumstances Implied consent is limited by circumstances Consent to contact by participating in a football game Consent to contact by participating in a football game Does not include being punched in face by opposing player on sidelines Does not include being punched in face by opposing player on sidelines 38

Assault Placing another in immediate physical harm Placing another in immediate physical harm Some jurisdictions say it is an attempted battery that is unsuccessful Some jurisdictions say it is an attempted battery that is unsuccessful Consent rules apply to assault Consent rules apply to assault 39

False Imprisonment Unlawful restraint upon a person’s freedom and ability to come and go Unlawful restraint upon a person’s freedom and ability to come and go Also called false arrest Also called false arrest Some authorities say false arrest is one type of false imprisonment Some authorities say false arrest is one type of false imprisonment 40

Kidnapping Use of force (or threat of force) in taking someone from one place to another Use of force (or threat of force) in taking someone from one place to another At common law, movement of the victim across a boundary was required At common law, movement of the victim across a boundary was required 41

Kidnapping Modern statutes Modern statutes Forcibly or secretly confining someone against their will Forcibly or secretly confining someone against their will Forcibly carry or send someone out of the state Forcibly carry or send someone out of the state 42

Rape Common Law Common Law Sexual intercourse without other’s consent Sexual intercourse without other’s consent Modern trend Modern trend Expanded definition of via sexual assault with degrees Expanded definition of via sexual assault with degrees First-degree sexual assault First-degree sexual assault Second-degree, etc. Second-degree, etc. 43

Larceny Common Law Common Law Taking and transporting of property with intent to permanently deprive Taking and transporting of property with intent to permanently deprive From common-law crime of larceny From common-law crime of larceny Now a broad range of theft crimes Now a broad range of theft crimes 44

Theft Crimes vary State to State Many states Many states Over $500 considered grand larceny Over $500 considered grand larceny Felony Felony Under $500 Under $500 Petty larceny Petty larceny Misdemeanor Misdemeanor 45

Larceny and Theft Crimes Stealing Stealing Receiving stolen goods Receiving stolen goods Embezzlement Embezzlement Obtaining money under false pretenses Obtaining money under false pretenses 46

Robbery Larceny through use of force or threatened use of force Larceny through use of force or threatened use of force Taking money or other personal property Taking money or other personal property By means of force or use of fear By means of force or use of fear 47

Extortion Obtaining money or property Obtaining money or property Requiring someone to do something they are not legally required to do Requiring someone to do something they are not legally required to do By means of a threat not sufficient to constitute robbery By means of a threat not sufficient to constitute robbery 48

Extortion Threats necessary for extortion Threats necessary for extortion Future bodily injury, damage to property Future bodily injury, damage to property Accusing another of a crime Accusing another of a crime Reveal information about the victim Reveal information about the victim Threatening to report someone if they do not do something Threatening to report someone if they do not do something 49

Burglary Common Law Common Law Breaking and entering at night of an occupied dwelling of another with intent to commit a felony Breaking and entering at night of an occupied dwelling of another with intent to commit a felony 50

Burglary Most states have statutory offenses to address loopholes in common law Most states have statutory offenses to address loopholes in common law Breaking and entering (B&E) Breaking and entering (B&E) Of dwelling (to cover daytime breaks) Of dwelling (to cover daytime breaks) Of other buildings Of other buildings Of dwelling while possessing instruments related to wrongful setting of fires Of dwelling while possessing instruments related to wrongful setting of fires 51

Arson Common Law Definition Common Law Definition Willful and malicious burning of the dwelling of another Willful and malicious burning of the dwelling of another Common law crime had many loopholes Common law crime had many loopholes 52

Arson All states now have comprehensive arson laws All states now have comprehensive arson laws Commonly create degrees of arson Commonly create degrees of arson See Appendix B – Chapter 5 See Appendix B – Chapter 5 53

RICO Racketeer Influenced and Corrupt Organizations Act Racketeer Influenced and Corrupt Organizations Act Both civil and criminal aspects Both civil and criminal aspects Both state and federal governments have adopted RICO laws Both state and federal governments have adopted RICO laws 54

RICO Illegal for a person to engage in a racketeering activity through the use of an organization Illegal for a person to engage in a racketeering activity through the use of an organization To receive profits from such an organization To receive profits from such an organization To participate in operation of such an organization To participate in operation of such an organization 55

RICO Federal RICO requires commission of any two or more racketeering activities Federal RICO requires commission of any two or more racketeering activities 56

Summary Criminal law Criminal law Three types of elements Three types of elements Criminal mental states Criminal mental states Criminal offenses Criminal offenses 57