CRIMINAL LAW Crime and Punishment
The Basics of Criminal Law • Regulates public conduct • Sets out duties owed to society • Legal action that can ONLY be brought by the GOVERNMENT against a PERSON charged with committing a crime
Introduction to Criminal law • Almost all crimes require 2 things… • 1. an ACT • 2. a GUILTY STATE OF MIND • This means the act was done intentionally, knowingly, and willfully
Introduction to Criminal law • Intent • the mental state that a person commits acrime • Motive • reason for performing the act
Consequences/Punishments • Death • Imprisonment • Fines • Supervision • Probation • Community service • Restitution = requiring criminals to pay back or compensate the victim
Classes of Crimes • Felonies = very serious crimes accompanied by imprisonment for more than a year or death
Murder Robbery Arson aggravated assault/battery fraud Rape DUI drug possession (over a certain weight) Treason embezzlement Common Examples of Felonies
Classes of Crimes • Misdemeanor = lesser criminal act accompanied by imprisonment for less than a year. Probation and community service common consequences.
Minor theft Prostitution simple assault trespassing Vandalism public intoxication disorderly conduct Common Examples of Misdemeanors
Who is involved in the criminal act? • Principal = a person who commits a crime. • Accomplice = someone who helps another commit a crime. • Accessory before the fact = a person who orders the crime and helps the principal but is NOT present. • Accessory after the fact = a person who, knowing a crime has been committed, helps the principal avoid capture and/or escape
Who is involved in the criminal act? • Attempt = performs all the elements of a crime, but fails to achieve the criminal result • Solicitation = crime of asking, commanding, urging or advising a person to commit a crime. • Street Law pp. 104-105 Drowning Girl • Problem 8.3
Conspiracy = an agreement between two or more persons to commit a crime. • Crime of omission = failure to perform an act that the person is capable of completing. (paying taxes/hit and run)
Crimes against personsp.108 • Homicide = the killing of one human being by another – MOST SERIOUS • First degree murder = premeditated, deliberate and malicious. • Second degree murder = NOT premeditated but with intent (malice). • Felony murder = killing that takes place during a felony crime. (robbery, arson,etc)
Crimes against persons • Voluntary manslaughter = unintentional killing under circumstances that lessen but do not excuse the crime. • Involuntary manslaughter = killing caused by reckless conduct. No intent to kill at all. • Negligent homicide = death through criminal negligence
Crimes against persons • Vehicular Homicide = killing through criminal act of drunk driving, running from the police. • Euthanasia = “mercy killing” putting someone to death painlessly.
Non-Criminal Homicide • Non-criminal homicide - Justifiable or excusable, killer deemed faultless • Examples: Killing of enemy soldiers during wartime, execution of condemned criminal, the killing by a police officer of a person committing a serious crime, self-defense, or in defense of another person • Suicide p. 110
YOU BE THE JUDGE • Street Law: p. 109 • Read situations a-c • Write down your responses
Assault and Battery • Assault =any attempt or threat to carry out a physical attack • Battery = any unlawful physical contact inflicted by one person upon another person without consent
Assault and Battery • Rape = sexual intercourse without consent • statutory rape = intercourse between an adult and a minor • Acquaintance rape or date rape= sexual assault by someone known to the victim • Common Examples: Date, friend, neighbor, boyfriend
Crimes against property • Arson = willful and malicious burning of another person’s property. • Or burning of own property to get insurance money • .
Vandalism = willful destruction or damage to property of another person
Crimes against property • Larceny = unlawful taking and carrying away of the property of another with intent to steal it. • Grand Larceny = theft of $1000 or more • Petty Larceny = theft of $1000 or less
Crimes against property • Embezzlement = unlawful taking of the property that was entrusted to the person. • “White collar crime” • Robbery = unlawful taking of property from a person’s immediate possession by force or intimidation.
Crimes against property • Burglary = unauthorized entry into a structure with intent to commit a crime. • Increased penalties for entry at night, weapon or person in the dwelling. • Extortion = to obtain another’s property through threats physical or monetary. • Blackmail • Do not have to actually obtain to get convicted
Crimes against property • Forgery = a person who falsely makes or alters a written document with intent to commit a fraud. • Computer crime, illegal copying of files. • Uttering = offering a genuine document known to be fake. • Dealing in false identification (fake id)
