Criminal Law

Classification of CrimesCrime: an offense committed against the

public good or societyA person convicted of a crime can be fined,

imprisoned or put to death.DefendantPlaintiffProsecutor

FeloniesIs a major crime! Examples: Murder or RobberySentencingAlso known as a high misdemeanor.

MisdemeanorsIs a less serious crimeSentencingExample: Drive a car without a license.

InfractionsIs a minor offense that is usually punishable

with a fine and not jail time.Known as minor misdemeanors or petty

crimes.Example: Traffic violations such as speeding

tickets.

Criminal Law in the U.s Legal SystemFederal Criminal Law and State Criminal Law

Federal Criminal LawThe federal government cannot make

criminal law.Police Force – Federal Bureau of

Investigation (FBI). Power to create a police force comes

from a special clause in the constitution, Commerce Clause.

State Criminal LawEach state has the power to make criminal

laws, called “State Police Power”Most states have the same criminal laws,

although they may have different names in different states.I.e. Theft and Stealing.

Elements of a CrimeA crime is made of two elements

Criminal ActRequired state of mind.

Criminal ActCriminal laws must describe the specific

conduct that the law forbids.Example: Theft: stealing someone’s property,

Robbery: stealing someone’s property through violence.

Some laws make NOT doing something a crime, like not paying taxes.

A criminal act must be voluntary; it cannot be a person’s condition.It is not a crime to be alcoholic. Although the

government can create laws making operating machinery and vehicles illegal under the influence of alcohol.

Required State of MindMurder – forbids the intentional taking of

someone’s life. Therefore the required mental state is Intent.

Involuntary Manslaughter: forbids the negligent taking of somebody’s life. Therefore The required mental state is negligence (careless).

Both laws the criminal act is taking a person’s life, the state of mind is different.

Required State of Mind ContinuedMotive: a need or desire that causes a person

to act.Motive plays no part in proving that a person

committed a crime. All that is needed is to prove that a defendant committed an act with the required state of mind.

Motive does not matter, only helps explain why the defendant did what he or she did.

Defenses to CrimesInsanityEntrapmentSelf-DefenseDefense of Family Members

InsanityU.S law says that a person cannot be held

responsible for their actions if they do not know what they are doing.

Oldest legal test – M’Naghten Rule

Insanity ContinuedImpulse Test: the defendant must have a mental

disease that makes telling the difference between right and wrong impossible or makes the defendant unable to stop themselves from committing the crime.

The American Law Institute (ALI), most modern test, the defendant must a have mental disease so serious that he or she lack substantial mental capacity either to appreciate the criminality of his or her conduct or to conform his conduct to the requirements of law.

People who are found not guilty be reason of insanity go to a mental institution for psychiatric treatment, released only when they are found to be sane.

EntrapmentA person was talked into or tricked by a

police officer into committing a crime he or she would not otherwise have committed.

Self Defense (S.D)Using force to protect oneself.If the person believed they were in danger of

being hurt or killed.In some states a person using self-defense

must try and run away first.Not necessary if you are in your own home.

Cannot use S.D if you started the confrontation.

Defense of Family MembersUsing force to protect ones family member.If the person believed the family member was

in danger of being hurt or killed.Must have a good reason to believe the

victim was in danger of severe bodily injury of death.

Cannot use this defense if the threat of harm has passed.

Crimes Against people Crimes can be

categorized into:1. People2. Property3. Business4. Government5. Society6. Motor

Vehicles

Crimes against people:

1. Murder2. Manslaughter3. Assault4. Battery5. Kidnapping6. Domestic Violence

Murder– Is the intentional killing of another person.– First Degree Murder: Involves one of the

following circumstances:– Making a detailed plan to kill.– Killing in a viscous way (torture)– Killing while committing another serious crime

(armed robbery).

– Second Degree Murder – Circumstances are not present.

– A person convicted of first degree murder can get the death penalty in some states.

Manslaughter– Is killing another person without intending to

do so.– Voluntary – when someone kills a person while

in a state of great distress and without prior plan to kill.

– Involuntary – when someone kills another person accidentally while committing an unlawful or reckless act.

Assault and Battery– Battery: is the unlawful touching of another

person.– Assault: is an attempt to commit battery.– Simple assault and battery are misdemeanors– Aggravated Assault is a felony (crime must be

committed with a deadly weapon, or with the intent to commit murder, rape, or robbery.

Kidnapping– The unlawful removal or restraint of a person

against his or her will.

Sex Offenses– Rape: one person forcing another to have

sexual intercourse. (date rape and acquaintance rape)

– Statutory Rape: involves having sexual intercourse with a minor, with or without force.

Domestic Violence– Reckless form of physical or mental harm in a

family or household.– Protects children spouses and other family

members from neglect, mental abuse, or physical abuse by another family member.

Crimes Against Property– Burglary– Robbery– Arson– Larceny– Vandalism

Burglary– Under Common Law, is breaking and

entering into a house at night to commit a felony.– Some states have expanded the law to include

daytime breaking and entering, breaking and entering places of then homes, and breaking and entering to commit a misdemeanor.

Larceny– The unlawful taking if someone’s personal

property with the intent of keeping it way from the person.– Misdemeanor: $300-$1000. Petty– Felony – Overstates threshold.

Robbery– Is the wrongful taking of someone’s property

by threatening violence or using violence.

Vandalism– Is the willful or malicious damage to

property.– It is also called malicious mischief or criminal

damage.– Does not have to be the person actually

committing the vandalism, lookouts are guilty also!

Crimes Involving Business– Embezzlement– Shoplifting– Fraud– Money Laundering– Arson– Forgery

Embezzlement– The wrongful taking of property by someone

lawfully entrusts with possession and control of that property.– Employee who withdraws money from a

business bank account for their own personal use.

Shoplifting– Stealing goods from a store.

– Drives up the cost for everyone!

Fraud– Person or business engages in some form of

deception to obtain money or property.– Mail Fraud– Wire Fraud (phone or internet)

Arson– The willful and malicious burning of someone

else's house, or the burning of any building.

Forgery– Placing a false signature in a check or other

document with the intent to deceive some one in order to deprive that person of his or her property.– Felony – Fine and imprisonment.

Crimes against The government– Treason– Perjury– Obstruction of justice– Contempt of Court – Bribery

Perjury, Obstruction of Justice, and Contempt of Court– Offenses that undermine the administration of the

courts.

– Perjury : person lies under oath during a court process or administrative hearing.

– Obstruction of Justice: occurs when an individual does something that hinders the ability of the court to move forward in a judicial proceeding. (Suppressing evidence or shielding someone from arrest.)

– Contempt – ignoring a court order or showing a lack of respect for the integrity of the court.

Bribery– Giving money or property to a government official in

exchange for a favor from that official.– Offering and Accepting are crimes.

– Cannot ask for a bribe.

Crimes Against Society– Disorderly Conduct and Rioting

– Activity that threatens to disrupt social order, imperil public safety or to jeopardize the health if the public at large.

– Rioting – At least three people, threaten to harm people or damage property, or who violently commit one or the other of those offenses.

Motor vehicle Violations– Speeding– Driving without a license– Etc.