Crimes Against Person and Property

1. Crimes Against Person and Property • Introduction to Law • Criminal Law Unit (103-110, 111-116, 120-125) • Mr. Calella

2. Crimes Against the Person

3. Homicide • Homicide: the killing of one human being by another. • Criminal Homicide: killing done with malice (some level of intent to kill or seriously harm; or reckless act) • 1st Degree Murder, Felony Murder, 2nd Degree Murder, Voluntary Manslaughter, Involuntary Manslaughter, Negligent Manslaughter • Activity: What are the various levels of criminal homicide? Hypothetical examples for each? • Problem 9.2: page 105 • Noncriminal Homicide: self-defense, soldier in war, etc. • Problem 9.1, page 105

4. Assisted Suicide • “The Case of the Dying Cancer Patient” page 107 (Think-Pair-Share) • http://www.youtube.com/watch?v=1Tws_XqdzA0

5. Assault and Battery • Assault: any attempt or threat to carry out a physical attack upon a person • Battery: any unlawful physical contact inflicted by one person upon another without consent; actual injury not necessary • Law in New Jersey • visit http://www.assaultandbattery.org/new-jersey/ • How do Simple Assault and Aggravated Assault differ? • Write a hypothetical example for each

6. Crimes Against Property

7. Activity • Break down into 4 groups: Group One (Arson & Vandalism), Group Two (Larceny & Embezzlement), Group Three (Robbery & Extortion), and Group Four (Burglary & Forgery) • One person in each group will prepare a document in Pages. First type in the definitions of your group’s two crimes. Next, group members will research current news articles having to do with these two crimes. Each group will agree on a news story for each crime. The news stories must be effective examples of the crime. Finally, the person preparing the document will include URL for the news story and (with the help of all members) write a 2-3 sentence summary for each story. • Email me your Pages document (make sure all names are on it) • Each group will then present their work to rest of class

8. Defenses

9. Basic Defenses • No crime was committed (No rape because there was consent and woman was of legal age; No “Plaxico” case because there was a valid carrier’s license) • No criminal intent (“The Case of Taking a Car by Mistake” page 50) • Alibi: claim that defendant was somewhere else when crime committed

10. Excusable or Justified Act • Self-defense and defense of property; What is the law in NJ? • In pairs, review the following website and summarize law in your own words for 1) Use of force for self-protection 2) to protect others, and 3) to protect premises • Please write (on paper) 2-3 sentences for each • http://lis.njleg.state.nj.us/cgi-bin/om_isapi.dll?clientID=432094&Depth=4&TD=WRAP&advquery=%222C%3a3-6%22&headingswithhits=on&infobase=statutes.nfo&rank=&record=%7B1696%7D&softpage=Doc_Frame_Pg42&wordsaroundhits=2&x=29&y=12&zz= • Next, using New Jersey law answer Problem 11.1 pg.121 (on paper too!) • 25 Points Class Participation grade

11. Not responsible for actions • Infancy: Cannot commit a crime in NJ if under 14; would go to juvenile court • Intoxication: so drunk or so high, did not know what you were doing (voluntary intox. not a defense to crime, but can be used to show state of mind) • Insanity:don’t know what you are doing or you don’t know right from wrong; criminal proceedings: • Competent to stand trial (experts on each side) • Insane at time crime was committed (experts again) • Affirmative defense in NJ (defendant must show he was insane by the “preponderence of the evidence”)

12. Entrapment: Problem 11.3 page 125 • Duress: “Rob that bank or we’ll kill your best friend.” • Necessity: See the case of the “Three Cannibalistic Amigos aboard the Mignonette”