Chapter 2 Criminal Law

Classification of Crimes Crime: an offense committed against the public good or society A person convicted of a crime can be fined, imprisoned or put to death. Defendant Plaintiff Prosecutor Defendant: is a person who is accused of a crime. Plaintiff: is the party that accuses the person of a crime (either the State or Federal Government) Prosecutor: is the government official who brings the case against the defendant, sometimes known as the district attorney. Represents the people, or the public, in a criminal case.

Felonies Sentencing Also known as a high misdemeanor. Is a major crime! Examples: Murder or Robbery Sentencing Also known as a high misdemeanor. A person convicted of a felony can be fined, imprisoned in a penitentiary or both. Examples: Murder or Robbery Murder is the most serious felony and can be punished by death (in some states). Also known as a high misdemeanor. May be assigned bail or remanded into custody. People convicted of a felony may also be liable for a civil penalty awarded to the victim or the victim’s family.

Misdemeanors Is a less serious crime Sentencing Example: Drive a car without a license. Punished by a fine, jail time or both. Maximum amount of jail time is 1 yr or less. Jail time is usually served in a smaller, county jail, rather than in a state penitentiary. Bail has to be set! Example: Drive a car without a license.

Infractions Is a minor offense that is usually punishable with a fine and not jail time. Known as minor misdemeanors or petty crimes. Example: Traffic violations such as speeding tickets.

Criminal Law in the U.s Legal System Federal Criminal Law and State Criminal Law

Federal Criminal Law The federal government cannot make criminal law. Police Force – Federal Bureau of Investigation (FBI). Power to create a police force comes from a special clause in the constitution, Commerce Clause. Although the Federal government can make counterfeiting money illegal because they print the money. Anything the Federal government controls/regulate they may make illegal (tampering with the mail). Commerce Clause states the U.S. government can regulate interstate commerce, or business that crosses state lines, this includes criminal activities that cross state lines.

State Criminal Law Each state has the power to make criminal laws, called “State Police Power” Most states have the same criminal laws, although they may have different names in different states. I.e. Theft and Stealing.

Elements of a Crime A crime is made of two elements Criminal Act Required state of mind.

Criminal Act Criminal laws must describe the specific conduct that the law forbids. Example: Theft: stealing someone’s property, Robbery: stealing someone’s property through violence. Some laws make NOT doing something a crime, like not paying taxes. A criminal act must be voluntary; it cannot be a person’s condition. It is not a crime to be alcoholic. Although the government can create laws making operating machinery and vehicles illegal under the influence of alcohol.

Required State of Mind Murder – forbids the intentional taking of someone’s life. Therefore the required mental state is Intent. Involuntary Manslaughter: forbids the negligent taking of somebody’s life. Therefore The required mental state is negligence (careless). Both laws the criminal act is taking a person’s life, the state of mind is different.

Required State of Mind Continued Motive: a need or desire that causes a person to act. Motive plays no part in proving that a person committed a crime. All that is needed is to prove that a defendant committed an act with the required state of mind. Motive does not matter, only helps explain why the defendant did what he or she did.

Defenses to Crimes Insanity Entrapment Self-Defense Defense of Family Members

Insanity U.S law says that a person cannot be held responsible for their actions if they do not know what they are doing. Oldest legal test – M’Naghten Rule 1843 English Case – David M’Naughten was acquitted of killing the Prime Minister’s secretary because he was insane and did not know what he was doing. Under this rule, a defendant must have a mental disease that makes telling the difference between right and wrong impossible or he/she does not know the difference when they commit the crime

Insanity Continued Impulse Test: the defendant must have a mental disease that makes telling the difference between right and wrong impossible or makes the defendant unable to stop themselves from committing the crime. The American Law Institute (ALI), most modern test, the defendant must a have mental disease so serious that he or she lack substantial mental capacity either to appreciate the criminality of his or her conduct or to conform his conduct to the requirements of law. People who are found not guilty be reason of insanity go to a mental institution for psychiatric treatment, released only when they are found to be sane.

Entrapment A person was talked into or tricked by a police officer into committing a crime he or she would not otherwise have committed.

Self Defense (S.D) Using force to protect oneself. If the person believed they were in danger of being hurt or killed. In some states a person using self-defense must try and run away first. Not necessary if you are in your own home. Cannot use S.D if you started the confrontation.

Defense of Family Members Using force to protect ones family member. If the person believed the family member was in danger of being hurt or killed. Must have a good reason to believe the victim was in danger of severe bodily injury of death. Cannot use this defense if the threat of harm has passed.

Crimes Against people Crimes can be categorized into: Property Business Government Society Motor Vehicles Crimes against people: Murder Manslaughter Assault Battery Kidnapping Domestic Violence

Murder Is the intentional killing of another person. First Degree Murder: Involves one of the following circumstances: Making a detailed plan to kill. Killing in a viscous way (torture) Killing while committing another serious crime (armed robbery). Second Degree Murder – Circumstances are not present. A person convicted of first degree murder can get the death penalty in some states.

Manslaughter Is killing another person without intending to do so. Voluntary – when someone kills a person while in a state of great distress and without prior plan to kill. Involuntary – when someone kills another person accidentally while committing an unlawful or reckless act.

Assault and Battery Battery: is the unlawful touching of another person. Assault: is an attempt to commit battery. Simple assault and battery are misdemeanors Aggravated Assault is a felony (crime must be committed with a deadly weapon, or with the intent to commit murder, rape, or robbery.

Kidnapping The unlawful removal or restraint of a person against his or her will.

Sex Offenses Rape: one person forcing another to have sexual intercourse. (date rape and acquaintance rape) Statutory Rape: involves having sexual intercourse with a minor, with or without force.

Domestic Violence Reckless form of physical or mental harm in a family or household. Protects children spouses and other family members from neglect, mental abuse, or physical abuse by another family member.

Crimes Against Property Burglary Robbery Arson Larceny Vandalism

Burglary Under Common Law, is breaking and entering into a house at night to commit a felony. Some states have expanded the law to include daytime breaking and entering, breaking and entering places of then homes, and breaking and entering to commit a misdemeanor.

Larceny The unlawful taking if someone’s personal property with the intent of keeping it way from the person. Misdemeanor: $300-$1000. Petty Felony – Overstates threshold.

Robbery Is the wrongful taking of someone’s property by threatening violence or using violence.

Vandalism Is the willful or malicious damage to property. It is also called malicious mischief or criminal damage. Does not have to be the person actually committing the vandalism, lookouts are guilty also!

Crimes Involving Business Embezzlement Shoplifting Fraud Money Laundering Arson Forgery

Embezzlement The wrongful taking of property by someone lawfully entrusts with possession and control of that property. Employee who withdraws money from a business bank account for their own personal use.

Shoplifting Stealing goods from a store. Drives up the cost for everyone!

Fraud Person or business engages in some form of deception to obtain money or property. Mail Fraud Wire Fraud (phone or internet)

Arson The willful and malicious burning of someone else's house, or the burning of any building.

Forgery Placing a false signature in a check or other document with the intent to deceive some one in order to deprive that person of his or her property. Felony – Fine and imprisonment.

Crimes against The government Treason Perjury Obstruction of justice Contempt of Court Bribery

Perjury, Obstruction of Justice, and Contempt of Court Offenses that undermine the administration of the courts. Perjury : person lies under oath during a court process or administrative hearing. Obstruction of Justice: occurs when an individual does something that hinders the ability of the court to move forward in a judicial proceeding. (Suppressing evidence or shielding someone from arrest.) Contempt – ignoring a court order or showing a lack of respect for the integrity of the court.

Bribery Giving money or property to a government official in exchange for a favor from that official. Offering and Accepting are crimes. Cannot ask for a bribe.

Crimes Against Society Disorderly Conduct and Rioting Activity that threatens to disrupt social order, imperil public safety or to jeopardize the health if the public at large. Rioting – At least three people, threaten to harm people or damage property, or who violently commit one or the other of those offenses.

Motor vehicle Violations Speeding Driving without a license Etc.