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Criminal Law. Today’s Objectives. Differentiate between criminal and civil law. Define criminal law. Distinguish between a misdemeanor and a felony. Explain penalties associated with crimes. Identify different types of crimes . Criminal Law & Civil Law . Criminal Law.
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Today’s Objectives • Differentiate between criminal and civil law. • Define criminal law. • Distinguish between a misdemeanor and a felony. • Explain penalties associated with crimes. • Identify different types of crimes.
Criminal Law • Criminal law is enacted to: protect the public from harm. • The government brings criminal cases to court for offenses against the public.
Civil Law • Civil law is enacted to: govern the relationships between two individual parties (does not normally involve the government). • Civil law does not normally involve the government.
Civil Law • Individuals who believe they have been injured bring civil cases. • The injured person begins a lawsuit by filing a complaint with the court. They are usually seeking financial compensation. • Another name for bringing a civil lawsuit is litigation • Examples of Civil Litigation: wrongful death, breach of contract, etc.
Key Terms in Civil Law • Pleadingsformal papers filed with the court by the plaintiff and defendant that bring civil litigation • Plaintiffperson bringing the lawsuit • Defendantperson who the lawsuit is against
What is Criminal Law? Criminal law refers to an offense against society and the subsequent legal action initiated against the offender.
Key Terms In Criminal Law • Crimean offense committed against the public good (society) • Defendanta person who is accused of a crime
Key Terms In Criminal Law • Plaintiffthe party that accuses a person of a crime • Prosecutorthe government official who brings the case against the defendant, such as a district attorney. The prosecutor represents the people, or the public in a criminal case.
Felonies • A felony is a major crime. • Punishable by confinement for more than a year in a state prison, by a fine of more than $1000, or both • May be punishable by the death penalty • Examples: murder, kidnapping, arson, rape, robbery, burglary, embezzlement, forgery, grand theft, perjury
Misdemeanor • A misdemeanor is a less serious crime. • Punishable by confinement in a county or city jail for less than one year, by fine, or both Examples: disorderly conduct, petty theft, driving without a license • An infraction is a minor offense that is usually punishable with a fine as opposed to jail time. • Some states refer to these as minor misdemeanors or petty crimes. Example: speeding tickets
Federal Crimes vs. State Crimes • Generally speaking, the federal government cannot make criminal laws. The power of the federal government is limited by the Constitution. • There are some exceptions – the federal government can make laws against counterfeiting money because money is printed by the federal government. • The federal government also has law enforcement agencies that handle criminal activities that cross state lines. Most federal criminal law has to do with commerce across the states (i.e., drug trafficking). • Each state government has the power to make criminal laws. This is known as the state’s police power.
Elements of a Crime • A crime must consist of two elements – the criminal act and a required state of mind.
Criminal Act • Criminal laws must describe the specific conduct that the law forbids. • Theftis stealing another person’s property. • Robbery is stealing another person’s property through violence or the threat of violence. • Some criminal laws make NOT doing something a crime. Example: not paying taxes that are owed • Criminal acts must be voluntary It cannot be a person’s condition. It is not a crime to be an alcoholic. • It is a crime to operate a vehicle while under the influence of alcohol.
Required State of Mind • The law defining murder forbids the intentional taking of a person’s life. Required Mental State: INTENT • The law defining involuntary manslaughter forbids the negligent taking of somebody’s life. Required Mental State: NEGLIGENCE • In both examples, the criminal act is taking another person’s life. The actual crime the accused person is charged with depends on their state of mind. • Motive does NOT actually play a part in proving that a person committed a crime. Motive only helps to explain WHYa defendant did what he or she did.
Defenses to Crimes In any legal proceeding (civil or criminal), defendants have several possible defenses they may use to try to explain their actions.
Insanity • U.S. laws says that people cannot be held responsible for their actions if they do not know what they are doing. Under this rule, a defendant must have a mental disease so serious that he or she does not know the difference between right and wrong or makes the defendant unable to stop him- or herself from committing the crime. • People who are found not guilty by reason of insanity do not go free. Instead, they go to a mentalinstitution for psychiatric treatment.
Entrapment A person is talked into or tricked by a police officer into committing a crime he or she would not have otherwise committed.
Self-Defense • There are situations in which people believe they are in danger of being hurt or killed. In some states, the person claiming self-defense must try to run away first, but this is unnecessary if they are in their own home. • People cannot use self-defense in court if: they started the confrontation or if they continued to used force even after the danger was gone.
Defense of Family Members • Sometimes someone may believe a family member is in danger of being hurt or killed. The rescuer must have good reason to believe the victim was in danger of sever bodily injury or death. • People cannot use this defense if the crime occurs after: the threat of harm has passed.
Types of Crimes Criminal law can usually be categorized into crimes against people, property, business, government, and society.
Murder • Murder – intentional killing of another person • First-Degree murder involves one or more of the following circumstances: • Killing after making a detailed plan to kill • Killing in an especially vicious way, such as by torture • Killing while committing another serious crime • In some states, first-degree murder is punishable by death penalty
Manslaughter • Manslaughter – killing another person without intending to do so • Voluntary Manslaughter – someone kills a person while in a state of great distress and without a prior plan to kill • Involuntary Manslaughter – someone kills another person accidentally while committing an unlawful or reckless act
Battery • Battery – unlawful touching of another person; involves forceful use, however slight • Example: • hitting someone • using a weapon against someone • ordering a dog to attack • kissing someone who is unwilling
Assault • Assault – an attempt to commit a battery; the threat of force • Example: waving a baseball bat • Aggravated assault & battery is a felony that requires: the crime to be committed with a deadly weapon, or with the intent to commit murder, rape, or robbery.
Kidnapping • Kidnapping – unlawful removal or restraint of a person against his or her will
Sex Offenses • Sex Offenses – rape involves one person forcing another to have sexual intercourse (law applies to both men and women); statutory rape involves having sexual intercourse with a minor, with or without force; minors can also be prosecuted for having sex with another minor; sexual assault by a friend or date is called date rape or acquaintance rape
Domestic Violence • Domestic Violence – any reckless form of physical or mental harm in a family or household; domestic violence laws protect children, spouses, and other family members from neglect, mental abuse, or physical abuse
Burglary & Larceny • Burglarybreaking and entering into a house; under common law, burglary occurs at night but some states have expanded to daytime, breaking & entering into other places (not homes), etc. • Larcenyunlawful taking of someone’s personal property with the intent to keep the property away from that person; called theft in some states; petty larceny is a misdemeanor (usually value between $300 - $1,000) whereas grand larceny is a felony (anything above petty limit)
Robbery & Vandalism • Robbery – wrongful taking of someone’s property by threatening violence or using violence; penalty is greater than for larceny • Vandalism – willful or malicious damage to property • It is also called malicious mischief or criminal damage • Anyone who supports vandalism by being a lookout can also be charged.
Embezzlement • wrongful taking of property by someone lawfully entrusted with possession and control of that property • Often committed by an agent or employee of a business who has access to the firm’s bankaccounts (someone who can write checks / withdraw funds)
Shoplifting & Fraud • Shoplifting – stealing goods from a store; can be charged with shoplifting even if you attempt & fail to leave with the goods • Fraud – a person or business engages in some form of deception to obtain money or property
Money Laundering & Arson • Money Laundering – hiding money obtained illegally by putting it into legal businesses (as one would clean laundry to remove the dirt) • Arson – destroying your own property in order to collect insurance; under common law, willful and malicious burning of someone else’s house (or any building)
Forgery • placing a false signature on a check or other document with the intent to deceive someone in order to deprive that person of his or her property; felony subject to a fine and imprisonment; does not actually require property to change hands, just a falsified signature
Treason • waging war against the United States or giving aid and comfort to the enemies of the U.S. • This is the only crime mentioned by name in the Constitution
Perjury • lying under oath during a court process or an administrative procedure; generally the lie must involve a fact that is material to the proceeding
Obstruction of Justice • doing something that hinders the ability of the court to move forward in a judicial proceeding, such as suppressing evidence or shielding someone from arrest
Contempt of Court • ignoring a court order or shows a lack of proper respect for the integrity of the court
Bribery • giving money or property to a public official in exchange for a favor from that official; both parties (giving & receiving) are guilty of bribery; against the law to pay a bribe, offer a bribe, accept a bribe
Disorderly Conduct • activity that threatens to disrupt the social order, to imperil public safety, or to jeopardize the health of the public at large
Rioting • an activity that generally requires a gathering of at least three individuals who threaten to harm people or to damage property, or who violently commit one or the other of those offenses
