Basic Facts of Basic Facts of Criminal LawCriminal Law

1.1. Crime: Crime: A punishable act A punishable act committed or omitted in committed or omitted in violation of a lawviolation of a law

a.a. The law must exist The law must exist before crime is before crime is committedcommitted

No No ex post facto lawsex post facto laws: laws that : laws that punish for acts committed punish for acts committed before they were illegalbefore they were illegal

b. Crime = b. Crime = actact + + intentintenti. Criminal Act:i. Criminal Act: physicalphysical actionaction

i. All elements of crime must be i. All elements of crime must be present to be considered a crimepresent to be considered a crime

1. 1. elementselements: : conditionsconditions that make up that make up a crime (either a crime (either actact or or mental statemental state))

ii. ii. Criminal intentCriminal intent: : purpose of purpose of committing a crimecommitting a crime

1. Exception: 1. Exception: Strict liability Strict liability offensesoffenses: crimes that do not : crimes that do not require criminal intentrequire criminal intent

2. The Players2. The Players

a. Principal:a. Principal: the person who the person who commits the crimecommits the crime

b. Accomplice:b. Accomplice: a person who a person who helps helps someone else commit a crimesomeone else commit a crime

c. Accessory before the fact:c. Accessory before the fact: a a person who person who orders a crimeorders a crime or or provides provides helphelp without being without being presentpresent

d. Accessory after the fact:d. Accessory after the fact: a a person who helps a criminal person who helps a criminal avoid avoid arrest, knowing a crime has been arrest, knowing a crime has been committedcommitted

3. Types of Crimea. Crimes are divided in two ways

3. Types of Crimea. Crimes are divided in two ways

b. Division by b. Division by Severity Severity (3)(3)

i. i. _______________:_______________: crime for crime for which the which the

maximum maximum penalty penalty is less than a is less than a year year (little crime)(little crime)

i. i. MisdemeanorMisdemeanor:: crime crime for which the for which the

maximum maximum penalty is penalty is less than a less than a yearyear (little (little crime)crime)

ii. ____________:ii. ____________: crime for which crime for which the maximum penalty the maximum penalty

is more than a is more than a year (big year (big crime)crime)

ii. ii. FelonyFelony:: crime for which crime for which the maximum the maximum

penalty penalty is is more than more than a yeara year (big (big crime)crime)

iii. ____________:iii. ____________: act of a US act of a US citizen to help citizen to help

a a foreign foreign government government seriously injure the seriously injure the

American governmentAmerican government

iii. iii. TreasonTreason:: act of a US act of a US citizen to help a citizen to help a

foreign foreign government government seriously seriously injure injure the American the American governmentgovernment

c. Division by c. Division by Act Act (4)(4)

i.i. Crimes of Omission, Preliminary Crimes of Omission, Preliminary Crimes, Crimes Against Person, Crimes, Crimes Against Person, Crimes Against PropertyCrimes Against Property

Crimes of Omission:Crimes of Omission: a crime a crime committed by a committed by a failure to actfailure to act

1. EX: not paying taxes1. EX: not paying taxes

Preliminary Crimes:Preliminary Crimes: Crimes that Crimes that take place take place before the before the primary crimeprimary crime

2. _____________:2. _____________: asking asking someone someone

else to commit else to commit a a crimecrime

2. 2. SolicitationSolicitation:: asking someone asking someone else else to commit a crimeto commit a crime

3. __________:3. __________: the intent and a the intent and a substantial step towards substantial step towards

committing a crimecommitting a crime

3. 3. AttemptAttempt:: the intent and a the intent and a substantial step substantial step

towards towards committing a committing a crimecrime

4. ____________:4. ____________: agreement between agreement between two or more people to two or more people to

commit a crimecommit a crime

4. 4. ConspiracyConspiracy:: agreement agreement between between two or two or more people to more people to commit a crimecommit a crime

Crimes Against the Person: Crimes Against the Person: crimes crimes whose intent is to cause harm to whose intent is to cause harm to another individualanother individual

5. ____________:5. ____________: the killing of the killing of one person by another (most one person by another (most

serious crime)serious crime)

5. 5. HomicideHomicide:: the killing of one the killing of one person person by another (most by another (most serious serious crime)crime)

a. noncriminal:a. noncriminal: justified / justified / excusableexcusable killingkilling

i. EX: self-defense, soldiers in i. EX: self-defense, soldiers in combatcombat

b.b. Criminal (murder):Criminal (murder): deliberate deliberate killing of killing of another person, another person, done with done with malicemalice (intent to kill) (intent to kill)

i. 1st degree:i. 1st degree: premeditatedpremeditated (planned (planned out)out)

ii. 2nd degree:ii. 2nd degree: criminal criminal but not but not premeditatedpremeditated

c.c. Manslaughter:Manslaughter: killing done without killing done without Intent or deliberationIntent or deliberation

i. voluntary:i. voluntary: intentionalintentional, but , but under under circumstances that circumstances that offer offer some some justification (but not justification (but not full)full)

ii. involuntary:ii. involuntary: unintentionalunintentional, , but the but the result of actions so result of actions so recklessreckless as to as to involve involve extreme extreme danger of deathdanger of death

EX: playing with a loaded gunEX: playing with a loaded gun

d.d. Negligent homicide:Negligent homicide: death by death by failing failing to exercise to exercise sufficient sufficient carecare in a in a situation that situation that could cause could cause harm to harm to someone someone elseelse

EX: killing someone while speedingEX: killing someone while speeding

5. __________:5. __________: any attempt or threat any attempt or threat to to carry out a physical carry out a physical attack on attack on another another personperson

5.5. AssaultAssault:: any attempt or threat any attempt or threat to to carry out a physical carry out a physical attack on attack on another another personperson

a. attacked person must believe a. attacked person must believe they they are in are in realreal danger danger

6.6. __________________:: unlawful, unlawful, unconsented physical unconsented physical

contact contact on another personon another person

6.6. BatteryBattery:: unlawful, unlawful, unconsented unconsented physical contact on physical contact on

another personanother person

8.8. _________:_________: assault that is sexual assault that is sexual

8. 8. RapeRape:: assault that is sexual assault that is sexual

a.a. forcible:forcible: unconsentedunconsented (or if consent (or if consent is is obtained by obtained by violenceviolence, , intimidationintimidation, , or mental or mental inhibitioninhibition))

b.b. statutory:statutory: sex with someone below sex with someone below the the age of consentage of consent (usually (usually by an by an adult)adult)

c.c. Most states: 16-18 years old; Most states: 16-18 years old; Illinois:___Illinois:___

Illinois: Illinois: 1717

Crimes Against Property: Crimes in which property is destroyed

or taken against will of the owner

9. ________: willful and malicious burning of

another person’s property

9. Arson: willful and malicious burning of

another person’s property

10. ___________: willful destruction of or damage to property of

another

10. Vandalism: willful destruction of or damage to property of

another

11. _________: unlawful taking of another’s

property with intent to steal

11. LARCENY: unlawful taking of another’s property

with intent to steal

12. ___________: unlawful taking of another’s property by use of force or intimidation

12. ROBBERY: unlawful taking of another’s property by use

of force or intimidation

13. __________: unauthorized entry into a building with the

intent of committing a crime

13. Burglary: unauthorized entry into a building with the intent of committing a crime

14. ____________: unlawful taking of property by the person to whom the property was entrusted

14. Embezzlement: unlawful taking of property by the person to whom the property was entrusted

15. _________(_______): use of threats to obtain the

property of another

15. Extortion (blackmail):

use of threats to obtain the property of another

16. __________: altering a writing or document with intent to trick others

16. FORGERY: altering a writing or document with intent

to trick others

a. Uttering: offering to someone as genuine a document known to be fake

17. ________ _______ _________: receiving or buying property

known to be stolen

17. Receiving Stolen Property:

receiving or buying property known to be stolen

a. Felony if property > $100; otherwise

misdemeanor