Chapter 5

Criminal Law

FSS 220 – Fire & Emergency Services Law

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Objectives Distinguish between violations of civil

and criminal law. Distinguish between felonies and

misdemeanors. Identify three elements that make up

a crime.

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Objectives

Explain when an omission can give rise to criminal liability.

Identify the four criminal mental states.

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Objectives

Identify elements for the following crimes: First-degree murder, second-degree

murder, voluntary manslaughter, involuntary manslaughter, battery, assault, sexual assault, rape and child molestation

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Objectives Identify elements for the following

crimes: Larceny, robbery, obtaining money

under false pretenses, extortion, embezzlement, burglary, false imprisonment, kidnapping, RICO

Arson

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Criminal versus Civil Law

What is the difference between criminal law and civil law?

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Criminal versus Civil LawCriminal Law Civil

Law

Brought By Government Party who has been wronged

Burden of Proof Beyond a reasonable doubt

More likely than not

Penalty Jail, probation, fine or restitution

Money damages or a court order

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Crime Criminal Conduct

Common Law crimes Statutory crimes

Violation of a law is not criminal unless the law declares that it is criminal

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Federal versus State Jurisdiction

Federal jurisdiction is limited by Constitution

States have broad criminal jurisdiction

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Reasons for Criminal Punishment

Deterrence Deter this person Deter others

Protect society from wrong-doer through incarceration

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Reasons for Criminal Punishment

Vindication of victim and society Satisfies innate need for justice Avoids temptation of people toward

vigilanteism Helps maintain order

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Felonies and Misdemeanors

Felonies are more serious offenses Punishable by more than one year in jail

Some jurisdictions say that crimes with fines in excess of $500 or $1,000 are felonies

Misdemeanors are less serious Punishable by one year or less in jail

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Crimes Defined by statutes and/or case law Made up of elements

Act Mental State Attendant Circumstances

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Act The Act requirement can be satisfied

by either an affirmative act or an omission

Affirmative act Drive a car Shoot a gun Set a fire

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Act An omission is the failure to act when

under a legal duty to act Failure of lifeguard to assist swimmer in

distress On duty FF fails to assist person in

distress Commonwealth v. Levesque, 436

Mass. 443 (2002)

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Act Act or omission must be a voluntary

act Driving a car Shooting a gun Parent not feeding infant to punish for

crying An involuntary act cannot be basis

for criminal liability

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Mental State Also called criminal intent

Ambiguous term

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Mental State Four criminal mental states (Model

Penal Code) Purposeful Knowing Reckless Negligent

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Purposeful Conscious desire to engage in

certain conduct or cause a certain result

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Knowing

Knowledge that conduct will produce a certain result

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Reckless Consciously disregards a known

and substantial unjustifiable risk of harm

Disregarding risk to the degree that it constitutes a gross deviation from standard conduct

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Reckless Depraved heart recklessness

Person acted with a depraved heart Most common example:

Person who plays Russian Roulette

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Negligent

Someone who should be aware of a substantial and unjustifiable risk involving a gross deviation from the reasonable prudent person standard

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Strict Liability

Most crimes require proof of a culpable mental state Model Penal Code definitions

Some relatively minor crimes do not Referred to as Strict Liability Crimes Common with regard to regulatory

offenses

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Attendant Circumstances Other fact must exist Example

Convicted of assault on a uniformed officer

Officer must be in uniform

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Homicide

Includes two basic crimes1. Murder2. Manslaughter

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Murder Killing with malice aforethought

ACT: Killing or causing death MENTAL STATE: Malice aforethought

Purposeful Knowing Recklessness indicating depraved

heart

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Murder First-Degree Murder

Premeditated murder Unintended death of someone during

the commission of a felony (Felony Murder)

Second-Degree Murder Any murder not first degree

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Manslaughter

Voluntary Manslaughter Intentional killing in the heat of passion

as a result of severe provocation

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Manslaughter Involuntary Manslaughter

Death resulting from reckless (or in some states negligent) conduct of defendant

Unintentional killing Actor is still legally responsible

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Coconut Grove Fire, Boston, MA November 28, 1942 Popular nightclub, capacity of 600 Over 1,000 people in club Exit doors welded shut

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Coconut Grove Fire, Boston, MA Exit doors opened inward Highly combustible furnishings Accidental fire started by busboy 492 people died

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Coconut Grove Fire, Boston, MA

Massachusetts indicted club owner Defendant was convicted of

involuntary manslaughter See: Commonwealth v. Welansky

Massachusetts Supreme Judicial Court, 316 Mass. 383 (1944)

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Battery Unpermitted offensive touching of

another Punches Slaps Poking with a finger Spitting Touching

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Battery A person can consent to being

touched Thus consent is a defense to battery

charges Consent must be knowing and voluntary Consent may be implied

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Battery and Emergency Responders

Medical treatment involves touching Consent can be implied from the

circumstances Person calls for rescue/EMS assistance Person is ill or injured and does not

object to treatment Consent may be withdrawn or limited

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Battery and Consent

Consent induced by fraud, deceit, or misrepresentations is not valid Example: Person pretends to be a

doctor and is allowed to examine and treat a person

Person can be charged with battery Victims consent was obtained through fraud

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Battery and Consent

Implied consent is limited by circumstances Consent to contact by participating in a

football game Does not include being punched in face by

opposing player on sidelines

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Assault Placing another in immediate

physical harm Some jurisdictions say it is an

attempted battery that is unsuccessful

Consent rules apply to assault

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False Imprisonment

Unlawful restraint upon a person’s freedom and ability to come and go

Also called false arrest Some authorities say false arrest is one

type of false imprisonment

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Kidnapping Use of force (or threat of force) in

taking someone from one place to another At common law, movement of the victim

across a boundary was required

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Kidnapping Modern statutes

Forcibly or secretly confining someone against their will

Forcibly carry or send someone out of the state

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Rape Common Law

Sexual intercourse without other’s consent

Modern trend Expanded definition of via sexual assault

with degrees First-degree sexual assault Second-degree, etc.

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Larceny Common Law

Taking and transporting of property with intent to permanently deprive

From common-law crime of larceny Now a broad range of theft crimes

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Theft Crimes vary State to State Many states

Over $500 considered grand larceny Felony

Under $500 Petty larceny Misdemeanor

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Larceny and Theft Crimes

Stealing Receiving stolen goods Embezzlement Obtaining money under false

pretenses

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Robbery Larceny through use of force or

threatened use of force Taking money or other personal

property By means of force or use of fear

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Extortion Obtaining money or property

Requiring someone to do something they are not legally required to do

By means of a threat not sufficient to constitute robbery

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Extortion Threats necessary for extortion

Future bodily injury, damage to property Accusing another of a crime Reveal information about the victim

Threatening to report someone if they do not do something

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Burglary Common Law

Breaking and entering at night of an occupied dwelling of another with intent to commit a felony

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Burglary Most states have statutory offenses

to address loopholes in common law Breaking and entering (B&E)

Of dwelling (to cover daytime breaks) Of other buildings Of dwelling while possessing instruments

related to wrongful setting of fires

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Arson Common Law Definition

Willful and malicious burning of the dwelling of another

Common law crime had many loopholes

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Arson All states now have comprehensive

arson laws Commonly create degrees of arson

See Appendix B – Chapter 5

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RICO Racketeer Influenced and Corrupt

Organizations Act Both civil and criminal aspects Both state and federal governments

have adopted RICO laws

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RICO

Illegal for a person to engage in a racketeering activity through the use of an organization To receive profits from such an

organization To participate in operation of such an

organization

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RICO

Federal RICO requires commission of any two or more racketeering activities

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Summary

Criminal law Three types of elements Criminal mental states Criminal offenses