The Basics of Criminal Law
• Regulates public conduct
• Sets out duties owed to society
• Legal action that can ONLY be brought by the GOVERNMENT against a PERSON charged with committing a crime
Introduction to Criminal law
• Almost all crimes require 2 things…
• 1. an ACT
• 2. a GUILTY STATE OF MIND
• This means the act was done intentionally, knowingly, and willfully
Introduction to Criminal law
• Intent
• the mental state that a person commits a crime
• Motive
• reason for performing the act
Consequences/Punishments
• Death
• Imprisonment
• Fines
• Supervision
• Probation
• Community service
• Restitution = requiring criminals to pay back or compensate the victim
Classes of Crimes
• Felonies = very serious crimes accompanied by imprisonment for more than a year or death
Common Examples of Felonies
• Murder
• Robbery
• Arson
• aggravated assault/battery
• fraud
• Rape
• DUI
• drug possession (over a certain weight)
• Treason
• embezzlement
Classes of Crimes
• Misdemeanor = lesser criminal act accompanied by imprisonment for less than a year. Probation and community service common consequences.
Common Examples of Misdemeanors
• Minor theft
• Prostitution
• simple assault
• trespassing
• Vandalism
• public intoxication
• disorderly conduct
Who is involved in the criminal act?
• Principal = a person who commits a crime.
• Accomplice = someone who helps another commit a crime.
• Accessory before the fact = a person who orders the crime and helps the principal but is NOT present.
• Accessory after the fact = a person who, knowing a crime has been committed, helps the principal avoid capture and/or escape
Who is involved in the criminal act?
• Attempt = performs all the elements of a crime, but fails to achieve the criminal result
• Solicitation = crime of asking, commanding, urging or advising a person to commit a crime.
• Street Law pp. 104-105 Drowning Girl
• Problem 8.3
• Conspiracy = an agreement between two or more persons to commit a crime.
• Crime of omission = failure to perform an act that the person is capable of completing. (paying taxes/hit and run)
Crimes against persons p.108
• Homicide = the killing of one human being by another – MOST SERIOUS
• First degree murder = premeditated, deliberate and malicious.
• Second degree murder = NOT premeditated but with intent (malice).
• Felony murder = killing that takes place during a felony crime. (robbery, arson,etc)
Crimes against persons
• Voluntary manslaughter = unintentional killing under circumstances that lessen but do not excuse the crime.
• Involuntary manslaughter = killing caused by reckless conduct. No intent to kill at all.
• Negligent homicide = death through criminal negligence
Crimes against persons
• Vehicular Homicide = killing through criminal act of drunk driving, running from the police.
• Euthanasia = “mercy killing” putting someone to death painlessly.
Non-Criminal Homicide
• Non-criminal homicide - Justifiable or excusable, killer deemed faultless
• Examples: Killing of enemy soldiers during wartime, execution of condemned criminal, the killing by a police officer of a person committing a serious crime, self-defense, or in defense of another person
• Suicide p. 110
Assault and Battery
• Assault = any attempt or threat to carry out a physical attack
• Battery = any unlawful physical contact inflicted by one person upon another person without consent
Assault and Battery
• Rape = sexual intercourse without consent
• statutory rape = intercourse between an adult and a minor
• Acquaintance rape or date rape = sexual assault by someone known to the victim
• Common Examples: Date, friend, neighbor, boyfriend
Crimes against property• Arson = willful
and malicious burning of another person’s property. – Or burning of own
property to get insurance money
• .
Crimes against property
• Larceny = unlawful taking and carrying away of the property of another with intent to steal it.
– Grand Larceny = theft of $1000 or more
– Petty Larceny = theft of $1000 or less
Crimes against property
• Embezzlement = unlawful taking of the property that was entrusted to the person.
– “White collar crime”
• Robbery = unlawful taking of property from a person’s immediate possession by force or intimidation.
Crimes against property
• Burglary = unauthorized entry into a structure with intent to commit a crime.
– Increased penalties for entry at night, weapon or person in the dwelling.
• Extortion = to obtain another’s property through threats physical or monetary.
– Blackmail
– Do not have to actually obtain to get convicted