Basic Law

1. Basic Law Junior Police Explorer Academy class 2013

2. Basic Concepts • Criminal Law: • - The governments power to prevent and punish harmful conduct. • Characteristics of law: • - A list of what we must /must not do. • -Applies to everyone within a jurisdiction. • - Prescribes punishment for criminal acts.

3. Basic Concepts • Crime Defined: • - A violation of any law that subjects the offender to public punishment. • -Fine and/or imprisonment. • -death in capital cases. • : The charge must be proven beyond a reasonable doubt.

4. Basic Concept • Civil Violation: • - Does not violate law, it’s a wrong against a person that does not affect the community. • - It’s a private action- Initiated by the individual not by the government.

5. Example of a Civil Matter • Violation of a lease agreement between a landlord and the tenant. • -- A lease is basically an agreement that gives rise to certain rights for each party.

6. Example of a Criminal Matter • Landlord confronts tenant for violating the lease, the tenant hits the landlord with his fist.

7. 3 Resources for assistance in a Civil Matter • 1) Private Attorney • 2) Clerk of the Court • 3) Mediation services

8. Elements of a Crime • An act committed • By a person • In violation • For punishment

9. General Definitions • Felony: • -An offense that can be punished by death or more than a year of prison. • Misdemeanor: • - A less offense that is punished by a jail sentence less than a year and or a fine.

10. Classifications of Criminal Offenses • Felonies are done is 6 classes. • Misdemeanors are done is 4 classes.

11. Homicide/ Murder Defined • The unlawful killing of a human by another with aforethought, that was either expressed or implied. • - Act is committed purposely or knowingly.

12. Voluntary Manslaughter • The unlawful killing committed voluntarily in the head of passion.

13. Involuntary Manslaughter • The accidental killing • Example: causes the death of another person as a result of a DUI while under the influence.

14. Suicide • Suicide is the deliberate self termination of one’s own existence. • Suicide is not a crime.

15. Assault and Battery • Assault- Threat of force and a means to complete the act. • Battery- Directs force toward another person without consent of the other person with the intent to commit bodily harm.

16. ROBBERY • The taking of property from another by force or threat of force with the intent to steal the property.

17. ARSON • The burning of another property, whether owned by the burner or someone else, or the burning of any property to collect insurance.

18. BURGLARY • Breaking and entering the dwelling house of another in the nighttime with the intent to commit a felony or larceny.

19. GRAND LARCENY AND PETIT LARCENY • Grand larceny- Larceny at a value of $200.00 or more • Petit Larceny- Larceny at a value less than $200.00.

20. CONCEALED WEAPONS • Hidden from common view. • Attempt to deceive in appearance to disguise the weapon’s true nature. • Examples: Pistol, bowie knife, razor, slingshot, nun chuck, oriental dark, etc.

21. Brandishing a Firearm • Any person who points, brandishes or holds any firearm in a manner the will bring fear in the mind of others.

22. TRESPASS • Any person who does not have permission goes on or remains on a land, building or premise of another. • After having been forbidden to do so either orally or in writing, by the owner or other authorized person by a posted sign or court order.

23. DESTRUCTION OF PROPERTY • A person who unlawfully destroys, damages or removes without the intent to steal is guilty of a Class 1 Misdemeanor if value is less than $1,000, and a Class 6 Felony if its more than $1,000.

24. FRAUD • False representation of a matter of fact which deceives another so that he shall act upon it: • - by word or conduct. • - by lie or misleading allegations. • - by concealment of information that should have been disclosed.

25. DISORDLEY CONDUCT • A person with the intent to cause public annoyance or alarm. • - In any street, public building, or public place having a direct tendency to cause act of violence, being intoxicated cause a disruption.

26. Drinking while Operating a Motor Vehicle. It is unlawful for any person to consume an alcoholic beverage while driving a vehicle upon a public highway. - Class 4 Misdemeanor.

27. Drinking in Public • If any person takes a drink of an alcoholic beverage or offers a drink to another, whether accepted or not, at or in a public place. • This does not include any room or area approved by the ABC (Alcoholic Beverage Control) Board.

28. Possession of Alcohol By Minors • Class 1 Misdemeanor- no person under the age of 21 years old shall not consume, purchase or possess any alcoholic beverage. • Fine of $500, 50 hours of Community Service, and drivers license suspended for one year.

29. Public Intoxication • No person shall profanely curse or swear or be intoxicated while n a public place, whether such intoxication result from alcohol, narcotics, or other intoxicants. • Class 4 Misdemeanor.

30. Punishments for a Felony Conviction • Class 1 Felony- Death or life in prison and/or a fine of not more than $100,00. • Class 2 Felony- 20 years to life and or a fine of not more than $100,000. • Class 3 Felony- 5 to 20 years and or a fine of not more than $100,000. • Class 4 Felony- 2 to 10 years and or a fine of not more than $100,000.

31. Punishments for a Felony Conviction Cont • Class 5 Felony- 1 to 10 years OR up to 12 months in jail and a fine of not more than $2,500. • Class 6 Felony- 1 to 5 years OR up to 12 months in jail, and a fine of not more than $2,500.

32. Punishments for a Misdemeanor Conviction • Class 1 MIS- not more than 12 months in jail and a fine of not more than $2,500, EITHER OR BOTH. • Class 2 MIS- Not more than 6 months in jail and a fine of not more than $1,000, either or both. • Class 3 MIS- Fine of not more than $500. • Class 4 MIS- Fine of not more than $250.