Crimes Types, Degrees, and Parties Involved
Parties to a crime • Principal- person who commits the elements of the crime • Accomplice- someone who helps another person commit a crime • Accessory before the fact- a person who orders a crime or helps but is not present when the crime is committed • Accessory after the fact- a person who knows the crime has been committed and helps the principal or accomplice avoid capture or helps escape
Types of Crimes • Crimes of Omission • Crimes Against the Person • Crimes Against Property • Preliminary Crimes
Crimes of Omission Failing to perform an act required by criminal law Examples Not stopping at a stop sign Failing to pay your income taxes Not having health insurance (Affordable Care Act)
Is it a crime to not report a crime? • Obstruction of Justice • Being accused of the crime yourself-- becoming a suspect or a party to a crime • States with duty-to-assist provisions
Crimes Against the Person • Homicide (and Manslaughter) (Pg. 108) • George Zimmerman Case – What the DA wanted to charge him with • Suicide (and Assisted Suicide) (Pg. 110) • Assault and Battery (Pg. 112) • Kidnapping (Federal if across state lines) (Pg. 111) • Robbery (Pg. 119) • Rape (Pg. 113) • Possession of and selling of Drugs
Crimes Against Property • Larceny (theft) (Pg. 116-117) • Burglary (breaking and entering) (Pg. 119) • Arson (Pg. 116) • Forgery (Pg. 121) • Embezzlement (Pg. 119) • Extortion (Pg. 119) • Vandalism (Pg. 116) • Receiving Stolen Property (Pg. 121) • What happens if you unknowingly purchase something that is stolen?
Preliminary Crimes • Solicitation (Pg. 104) – asking someone else to commit a crime • Attempt (Pg. 104) – intent to commit a crime with a “significant step” toward committing the crime (yet unsuccessful) • Conspiracy (Pg. 105) – an agreement with 2 or more people to commit a crime
Other crimes you may have heard of… • Racketeering – typically referring to organized crime; includes illegal business activities like bribery, loansharking, extortion, obstruction of justice • Criminal mischief – intentionally or recklessly damaging someone else’s property (value exceeding $250 in NY). Ex: breaking into a car • Menacing - He or she intentionally places or attempts to place another person in reasonable fear of physical injury, serious physical injury or death by displaying a deadly weapon (NYS Penal Code) • Stalking – repeatedly following or harassing another person and makes threats
Kitty Genovese • Crimes Moseley committed: • Crimes witnesses committed?
Levels of crimes • Misdemeanor – less serious crimes; potential penalty is prison for 1 year or less (could also include probation or a fine) • Felonies – serious crimes; potential punishment is prison sentence of over 1 year • Not all violations of the law are “crimes” • Traffic tickets • Jaywalking • Hazing • Loitering • NYS Violations
Which crimes are more serious? • 1st Degree, 2nd Degree, or 3rd Degree? • Class A, Class B, Class C, Class D, etc.? • Felony Classifications in NY • Misdemeanors are either Class A or Class B