2 Key Terms: Crimes The defendant is the person accused of a crime. The prosecutor is the government attorney who presents the case in court against the defendant.
3 Key Terms: CrimesThe plaintiff is the party that accuses a person of a crime.Usually the government, representing the public at large.
4 Classifications of Crimes Felonies vs. MisdemeanorsFelony-is a major crime punishable by imprisonment of 1 year or longer or death.Examples: murdermanslaughterburglaryrobberyarson
5 Classifications of Crimes Felonies vs. MisdemeanorsMisdemeanor- less serious crime with a less severe penalty. Punishable by:A fine and/or,Brief imprisonment (under 1 year) in county or city jail.Examples: driving without a license, lying about one’s age to purchase alcohol, leaving the scene of an automobile accident
6 Elements of a Crime: 2 Elements A crime is definedby two (2) elements:the criminal actMost criminal statutes specifically explain conduct that is forbidden.A criminal act must also involve voluntary conduct.the required state of mindThe definition of a crime can be changed based on the criminal’s state of mind.
7 Motive plays no part in proving criminal liability. Elements of a Crime:MotiveMotive plays no part in proving criminal liability.If a person has committed a forbidden act with the required state of mind, then he or she is criminally liable.
8 Elements of a Crime: Defenses to Crimes Common defenses are: insanity entrapmentself-defensedefense of family membersDefense attorneys try to show prosecution failed to prove the required elements for the crime
9 Defenses to CrimesInsanity – cannot be held responsible if they do not know what they are doingM’Naughten rule: Oldest test of Insanity: says the defendant must be proven to suffer from mental disease so serious that they did not know the nature of their actionsAmerican Law Institute (ALI): Not considered responsible if they lack substantial capacity to appreciate the criminality of the conduct
10 Defenses to CrimesEntrapment – law enforcement officer induces a law-abiding citizen to commit a crime
11 Defenses to Crimes (continued) Self-Defense – good reason to believe they are in danger of serious injury or deathMust try to retreat first unless it happens in your own home
12 Key Terms: CrimesAccessory before the fact- a person who orders a crime or helps the principal commit the crime but who is not present.Accessory after the fact- is a person who, knowing a crime has been committed, helps the principal or an accomplice avoid capture or escape.Not charged with original crime but often may be charged with harboring a fugitive, aiding an escape, or obstructing justice
13 Crimes Against PeopleMurder- is the unlawful killing of another human being with malice of aforethought, which means the killer had evil intent.Two degrees (1st and 2nd Degree)
14 Malice aforethoughtmalice aforethought (or malice prepense) is the element of mens rea (Latin for "guilty mind") which must accompany the actus reus of death, in order to secure a conviction for murder under the common law.In other words, knowledge that through an action or omission, the result will be some one's death
15 Murder 2nd Degree 1st Degree (Aggravated) Killing with premeditationKilling in a cruel wayKilling while committing of certain feloniesFelony Murder (Also 1st degree)Any killing during commission of crime,Not necessary to prove intent, presumed malice even if accidental2nd DegreeNone of the above characteristics can applyDistinction Important?Why? Death penalty
16 Death: Negligent Homicide Causing the death through criminal negligenceNegligence is the failure to exercise a reasonable or ordinary amount of care in a situationMost common form of negligent homicide is:Vehicular or automobile, homicideCivil versus criminal?
17 Key Terms: CrimesManslaughter- The unlawful killing of another human being without malice aforethought.
18 Key Terms: CrimesVoluntary Manslaughter- occurs when one person intends to kill another but does so suddenly and as the result of great personal distress.Involuntary Manslaughter- occurs when one person, while committing an unlawful act or reckless act, unintentionally kills another.
19 Assault and Battery Assault Degrees The attempt or threat to carry out a physical attack (Battery)Actual injury is not necessaryPointing a gun is considered aggravated assault.(The bullet striking someone would be battery)DegreesSimple Assault (Misdemeanors) vs. Aggravated Assault (Felony)Often defined by the harm inflictedSome states eliminated the differences between Assault and Battery
20 Assault and Battery Battery Unlawful touching of another Usually involves the forceful use of person’s hand, knife or gun against anotherAlso includes:Poisoning and Drugs, (given to unsuspecting victim,Spitting in someone’s face,Commanding a dog to attack, or evenKissing someone without permissionAccidentally bumping into someone isn’t battery
21 Kidnapping Can Involve: Unlawful imprisonment for ransom, terrorism, torture, rape, or to commit a felony
22 Domestic ViolenceDomestic Violence- any reckless form of physical or mental abuse within a family or household.
23 Hate Crimes or Hate Speech Hate Crimes or Hate Speech- involves certain symbols, writing, pictures, or spoken words to cause fear or anger in people because of their race, religion, color, gender, or sexual orientation.
24 Property Crimes Burglary breaking and entering of a dwelling at night with the intent to commit a felony.Includes daytime today, other places than homes, also added intent to commit misdemeanorsRequires every part to be proven
25 Property crimes Larceny Embezzlement Unlawful taking and carrying away of the personal property of another with intent to deprive the ownerPetty (Misdemeanor) versus Grand (Felony)Decided by value of propertyEmbezzlementWrongful taking of another’s property by a person who has been entrusted with that property
26 Property crimes Robbery Unlawful taking and carrying away of the property of another through violence, force, or threatsTwo harms:Theft of propertyPotential physical harm to victims