Chapter 2 Personal and Business Law

Spirit of the Law  When people commit crimes, they harm not only individuals, but also society as a whole.  Crime – is an act against the public good, punishable by a fine, imprisonment, or both. * Act cannot be considered a crime unless it is prohibited by law.

Classifications of Crimes  Plaintiff – the party that accuses the person of a crime. ○ Criminal proceeding = state or federal gov’t ○ State or federal gov’t represents public at large  Defendant – The person who is accused of a crime.

Classifications of Crimes  Felony – is a major crime punishable by imprisonment or death. Murder Manslaughter Burglary Robbery Arson “High Misdemeanors” – New Jersey

Classifications of Crimes  Misdemeanor – a less serious crime with a less severe penalty. Requires a punishment (fine or imprisonment) If imprisoned, you are held in county or city jail  Examples of Misdemeanors Driving without a license Lying about one’s age to purchase alcohol or tobacco Hit and Run  Minor Misdemeanors

Elements of a Crime  A crime is defined by 2 elements: 1) The criminal act 2) The required state of mind  Explanations of these two elements may be different in different states.

Criminal Act  Each statute that defines a crime must specifically explain the conduct that is forbidden by that statute.  Some criminal law statutes make failure to act a crime. (Draft)  An act must also involve voluntary conduct. Involuntary actions not considered criminal Person’s status/condition not considered criminal

Required State of Mind  The required state of mind is specified in the statute that defines the crime. Murder vs. Involuntary Manslaughter (p. 23) What is the criminal act? What are the two different required state of minds?

Motive  Motive actually plays no part in proving criminal liability.  May help establish a list of suspects, but the lack of motive does not remove criminal liability. Committed Criminal Act + Required State of Mind = Criminally Liable

Homicide – Murder - Manslaughter  Homicide – is the killing of one human being by another. Justifiable homicide Excusable homicide  Murder – the unlawful killing of another human being with malice aforethought.  Manslaughter – the unlawful killing of another human being without malice aforethought.

Homicide - Murder  Evil intent before murder takes place  1 st Degree: 1) Intent/Plan to kill (premeditation) 2) Kill in a cruel way, such as torture 3) Done while committing another felony 4) Death penalty  2 nd Degree: 1) Does not satisfy any of these 2) No death penalty

Homicide - Manslaughter  No evil intent  Two Types of Manslaughter: 1) Voluntary (intends and does so under great personal distress) (pp ) 2) Involuntary (kill another when committing an unlawful or reckless act)  Vehicular Homicide - Manslaughter Negligence as a driver Breaking the law while driving Someone dies as a result of your actions

Assault & Battery  Battery is unlawful touching of another Needs criminal intent or reckless behavior Forced upon someone else, not welcomed Forceful use of hand, knife, or gun  Assault is the attempt to commit battery  Simple A/B: generally misdemeanors  Aggravated A/B: felonies in most states What makes it an aggravated offense?

Burglary  The breaking (opening) and entering of a dwelling house at night with the intent to commit a felony.  Additional statutes include: Daytime Not a dwelling place Intent to commit misdemeanor Crimes Against Property

Larceny  The unlawful taking and carrying away of personal property of another with the intent to deprive the owner of it.  It is the legal term for stealing Petty larceny – misdemeanor (<$300) Grand larceny – felony (>$300)  Charge depends on severity of amount and what state you are in Crimes Against Property

Embezzlement  Stealing someone’s property while you are entrusted to maintain it Example 4, Page 27  Robbery – the wrongful taking and carrying away of the personal property of another accompanied by violence or threats. Difference between larceny and robbery Crimes Against Property

Arson & Vandalism  Arson Willful Malicious Burning! (Flames, not scorched or charring)  Vandalism Willfully damaging or defacing private or public property alism_as_crime alism_as_crime Crimes Against Property

White Collar Crimes  White collar – business, traditional formal wear for men is white collar  Fraud-related crimes, NOT VIOLENT  Forgery- the making or changing of a writing with the intent to defraud. Must have a LEGAL impact (such as a contract, legally binding) Business- Related Crimes

Other Crimes  Counterfeiting - making of false money that appears to be genuine Possessing machinery for it is also a crime!  Bribery v. Extortion v. Blackmail – see handout Business- Related Crimes