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Page 1: Criminal Law Law Person Criminal Homicide Murder First Degree (P ) Second Degree Manslaughter Voluntary Involuntary Other Assault (P ) Battery Rape (P ) Mayhem

Criminal Law

CriminalLaw

Person Property

Page 2: Criminal Law Law Person Criminal Homicide Murder First Degree (P ) Second Degree Manslaughter Voluntary Involuntary Other Assault (P ) Battery Rape (P ) Mayhem

Criminal LawPerson

Criminal Homicide

Murder

First Degree (P) Second Degree

Manslaughter

Voluntary Involuntary

Other

Assault (P) Battery

Rape (P) Mayhem

FalseImprisonment/Kidnapping

(P)

*(P) reminds you to consider Preliminary Crimes: Solicitation, Attempt, andConspiracy. Discussed Later in course.

Page 3: Criminal Law Law Person Criminal Homicide Murder First Degree (P ) Second Degree Manslaughter Voluntary Involuntary Other Assault (P ) Battery Rape (P ) Mayhem

Murder

Murder

Homicide Malice Degrees

Page 4: Criminal Law Law Person Criminal Homicide Murder First Degree (P ) Second Degree Manslaughter Voluntary Involuntary Other Assault (P ) Battery Rape (P ) Mayhem

Murder

Homicide

VicariousLiability

FelonyMurder

AccompliceLiability

Direct ActIntervening

Act/ProximateCause

Omission toAct

Page 5: Criminal Law Law Person Criminal Homicide Murder First Degree (P ) Second Degree Manslaughter Voluntary Involuntary Other Assault (P ) Battery Rape (P ) Mayhem

Murder

Malice

Intent to Kill

Deadly weapondoctrine

Intent to CommitSerious Bodily

InjuryDepraved Heart Felony Murder

Inherently dangerousfelony

During theperpetration

Attempt/Commission/Flight

Vicarious LiabilityLimitations

Page 6: Criminal Law Law Person Criminal Homicide Murder First Degree (P ) Second Degree Manslaughter Voluntary Involuntary Other Assault (P ) Battery Rape (P ) Mayhem

Murder

Degrees

1st Degree

Felony MurderPremeditated &

Deliberated intentto kill

Second Degree

Intent to kill wherepremeditation and

deliberation islacking

Intent to commitserious bodily

injuryDepraved Heart

Page 7: Criminal Law Law Person Criminal Homicide Murder First Degree (P ) Second Degree Manslaughter Voluntary Involuntary Other Assault (P ) Battery Rape (P ) Mayhem

Defenses

Malice?

Yes

Justification (noliability) Excuse (no liability)

Mitigation(reduction of

Murder to VoluntaryManslaughter)

No

InvoluntaryManslaughter

Page 8: Criminal Law Law Person Criminal Homicide Murder First Degree (P ) Second Degree Manslaughter Voluntary Involuntary Other Assault (P ) Battery Rape (P ) Mayhem

Defenses

Justification(No Liability)

Prevention of acrime and

apprehensionof fleeing felon.

Defense of Selfor Others

ReasonableMistake

Page 9: Criminal Law Law Person Criminal Homicide Murder First Degree (P ) Second Degree Manslaughter Voluntary Involuntary Other Assault (P ) Battery Rape (P ) Mayhem

Defenses

Excuse (NoLiability)

Youth MentalIllness

M’NaghtenRule

SubstantialCapacity(MPC)

Irresistibleimpulse Durham

Intoxication

Voluntary Involuntary

Page 10: Criminal Law Law Person Criminal Homicide Murder First Degree (P ) Second Degree Manslaughter Voluntary Involuntary Other Assault (P ) Battery Rape (P ) Mayhem

DefensesMitigation

Reduction of MurderTo Voluntary

Manslaughter

Good Faith Mistake Provocation: Anger

Reasonableness(objective and

subjective)Cooling off (objective

and subjective

Coercion/Necessity

Page 11: Criminal Law Law Person Criminal Homicide Murder First Degree (P ) Second Degree Manslaughter Voluntary Involuntary Other Assault (P ) Battery Rape (P ) Mayhem

Involuntary Manslaughter

InvoluntaryManslaughter(no malice)

Intent to causeslight injury

Reckless orgrossly negligent

conduct

Participation in a“non-dangerous

felony" crime

Page 12: Criminal Law Law Person Criminal Homicide Murder First Degree (P ) Second Degree Manslaughter Voluntary Involuntary Other Assault (P ) Battery Rape (P ) Mayhem

Criminal Law

CriminalLaw

Person Property

Page 13: Criminal Law Law Person Criminal Homicide Murder First Degree (P ) Second Degree Manslaughter Voluntary Involuntary Other Assault (P ) Battery Rape (P ) Mayhem

PropertyProperty

Theft (P)(Taking)

Larceny

Extortion Robbery

TakingDelivery

Structures(Entering or

Burning)

Burglary (P) Arson (P)

Page 14: Criminal Law Law Person Criminal Homicide Murder First Degree (P ) Second Degree Manslaughter Voluntary Involuntary Other Assault (P ) Battery Rape (P ) Mayhem

Theft Crimes

Larceny

TrespassoryTaking andCarrying

Away

PersonalProperty of

another

Intent topermanently

deprive

Page 15: Criminal Law Law Person Criminal Homicide Murder First Degree (P ) Second Degree Manslaughter Voluntary Involuntary Other Assault (P ) Battery Rape (P ) Mayhem

Theft Crimes

Robbery

Trespassory Taking andCarrying Away

PersonalProperty of

another

Intent topermanently

deprive

violence orintimidation

(force or threatof force).

Page 16: Criminal Law Law Person Criminal Homicide Murder First Degree (P ) Second Degree Manslaughter Voluntary Involuntary Other Assault (P ) Battery Rape (P ) Mayhem

Theft Crimes

TakingDelivery

Embezzlement Larceny byTrick

FalsePretenses

Page 17: Criminal Law Law Person Criminal Homicide Murder First Degree (P ) Second Degree Manslaughter Voluntary Involuntary Other Assault (P ) Battery Rape (P ) Mayhem

Theft Crimes

Embezzlement

Fraudulent Conversion Property ofanother

By one whoalready has

lawfulpossession of it

Page 18: Criminal Law Law Person Criminal Homicide Murder First Degree (P ) Second Degree Manslaughter Voluntary Involuntary Other Assault (P ) Battery Rape (P ) Mayhem

Theft Crimes

Larceny by Trick

Trespassory Taking and CarryingAway

Personal Property ofanother

Intent to permanentlydeprive

After obtainingpossession by

means of written ororal lies or false

promises

Page 19: Criminal Law Law Person Criminal Homicide Murder First Degree (P ) Second Degree Manslaughter Voluntary Involuntary Other Assault (P ) Battery Rape (P ) Mayhem

Theft Crimes

False Pretenses

A falserepresentation of amaterial present or

past fact

Which causes thevictim

To pass title to hisproperty to the

wrongdoer

Who knows therepresentation to

be false

And intendsthereby to defraud

the victim.

Page 20: Criminal Law Law Person Criminal Homicide Murder First Degree (P ) Second Degree Manslaughter Voluntary Involuntary Other Assault (P ) Battery Rape (P ) Mayhem

INTENT TO STEALMYSTERY BOX

NOW LATER

CUSTODY Larceny Larceny

POSSESSION Larceny by Trick Embezzlement

TITLE False Pretenses No Crime

Page 21: Criminal Law Law Person Criminal Homicide Murder First Degree (P ) Second Degree Manslaughter Voluntary Involuntary Other Assault (P ) Battery Rape (P ) Mayhem

Preliminary CrimesPreliminary

Solicitation(Asking)

Conspiracy(Agreeing)

Attempt(Zone ofDanger)

If target crime is committed, perpetrator not guilty of preliminary, butothers may be.Where Vicarious Liability, discuss:•Merger•Withdrawal•Impossibility (Factual, Legal)With conspiracy, discuss:•Wharton Rule•Guilty Minds