1. Chapter 3 Criminal Law

2. Crime: An act against the public good.

3. Classification of Crimes Felony (Major) –Murder –Burglary –Arson Misdemeanor (Minor) –Lying about age to buy alcohol –Leaving the scene of an accident

4. Treason: U.S. Constitution Confession in open court or testimony of 2 witnesses verifying the same act

5. Double Jeopardy: Fifth Amendment Not tried two times in the same court for the same crime You can be tried for the same crime in two courts (state/federal)

6. Elements of a Crime 1. Criminal Act A crime must specifically explain the conduct forbidden. Not acting in some way Must be volunteering 2. Required State of Mind Is specified in the statute 3. Motive This does not prove criminal liability

7. Defenses to Crimes Insanity M’Naghten Rule, England 1843 It must be proved that at the time the crime was committed, the defendant was suffering from a mental disease so serious that he/she did not know the nature of the act or did not know the act was wrong. Entrapment –A law enforcement officer induces a law- abiding citizen to commit a crime

8. Defenses to Crimes Cont. Self-Defense –When persons have good reason to believe that they are in danger of serious injury or death. Defense of Family Members –A person uses force to rescue a family member.

9. Crimes Against People Murder Unlawful killing of another human being with malice aforethought (evil intent) 1 st Degree: Premeditation, Cruelty 2 nd Degree: If conditions don’t apply Felony Murder Rule: any death, which occurs during the commission or attempt to commit certain felonies, is first-degree murder

10. Crimes Against People Cont. Manslaughter Taking a life without malice or evil intent. Voluntary: Intends to kill but does so suddenly as a result of great personal distress Involuntary: While committing an unlawful act or recklessness

11. Crimes Against People Cont. Kidnapping Unlawful removal or restraint of a person Sex Offenses Serious penalties are involved because it is physically, emotionally and psychologically damaging. Statutes do not specify age of offender. Assault and Battery Battery – Unlawful touching of another person Assault – Attempt to commit a battery Aggravated Assault and Battery is a felony.

12. Crimes Against People Cont. Domestic Violence: Includes either sex Hate Crimes: Includes written language or symbols but not speech

13. Crimes Against Property Burglary Breaking (opening) and entering with the intent to commit a felony Larceny Unlawful taking and carrying away of personal property with intent to deprive the owner Petty Larceny(misdemeanor) <$300 Grand Larceny (felony) >$300

14. Crimes Against Property Cont. Arson The willful and malicious burning of a house or building. Robbery Wrongful taking away (from a person)accompanied with violence or threats. Embezzlement Wrongful taking away of property when you have been entrusted by the owner.

15. Crimes Against Property Cont. Vandalism: Willful or malicious damage to property even if you are just a “lookout” Shoplifting Stealing goods from a store

16. Motor Vehicles: Drag racing: –Unauthorized racing of two vehicles Joyriding: –Temporarily taking a vehicle without permission All people in the vehicle are liable, not just the driver.

17. Alcohol and Drugs: Alcohol is the most commonly used drug in the U.S. Drugs are chemicals that alter the mind or body. Possession, distribution, or sale are illegal. Sale is considered more serious than possession

18. Crimes Against Business Interests Larceny by False Pretenses (Fraud) Taking of someone’s money or property by intentionally deceiving that person. Forgery False making or changing of a writing with the intent to defraud. (Must be a legal effect.)

19. Crimes Against Business Interests Cont. Bribery and Extortion To pay or give something of value to public officials in order to influence their official activity. Computer Crimes Ex: Identity theft

20. Sentencing Fines for lesser offenses. Imprisonment –Indefinite: Giving a time frame, 5 – 10 –Definite: A set amount of years. 10 years Death Penalty