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Chapter 4

Chapter 4. Criminal Law & Procedure. CLASSIFICATIONS OF CRIMES. In a criminal proceeding the state or federal government, representing the public at large, is the plaintiff. A crime is defined by 3 elements:. Duty to do or not to do a certain thing

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Chapter 4

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  1. Chapter 4 Criminal Law & Procedure

  2. CLASSIFICATIONS OF CRIMES • In a criminal proceeding the state or federal government, representing the public at large, is the plaintiff.

  3. A crime is defined by 3 elements: • Duty to do or not to do a certain thing • Performed an act or omission in violation of that duty • the required state of mind/criminal intent

  4. CRIMINAL ACT • Each state statute that defines a crime must specifically explain the conduct that is forbidden by that statute. • The statute can also make failure to act.

  5. Criminal Intent • The state of mind is specified in the statute that defines the crime. • A statute defining murder forbids the intentional taking of a person’s life. In such a statute the required mental state is intent. • A statute defining manslaughter outlaws the accidental taking of a person’s life through negligence. • Notice that in both statutes the criminal act is the same, but the required state of mind changes.

  6. Criminal Intent • Intent for corporations • Can a corporation form criminal intent the way humans do? YES • When a corporate employee commits a crime, can officers be held criminally responsible? YES • Intent and age • Under 7 considered incapable of forming criminal intent (according to common law) • Over 14 was capable. 7-14 had to be proved.

  7. MOTIVE • The prosecution does not need to prove that the alleged criminal had a motive to commit the crime. • A motive can help establish a list of suspects.

  8. FELONIES • Punishable by imprisonment or death • Examples: • Murder • Manslaughter • Burglary • Robbery • Arson

  9. MISDEMEANORS • Less severe crime with a less severe punishment • Examples: • Driving without a license • Lying about ones age to purchase alcohol • Leaving the scene of a car accident

  10. Crimes can be grouped under 8 headings: • people • property • business interests • Decency • Consumers • Realty • Public peace and order • Government and administration of justice

  11. CRIMES AGAINST PEOPLE • Murder- • Unlawful killing of another human being • Malice aforethought- • evil intent before the murder took place

  12. Manslaughter • Unlawful killing without malice aforethought • Voluntary occurs when one person intends to kill another but does so suddenly. • Involuntary manslaughter occurs when one person, while committing an unlawful act, kills another.

  13. Assault and Battery • Unlawful touching of another. • Assault is the attempt to commit battery.

  14. Kidnapping • Unlawful removal or restraint of a person against their will. • Distance involved does not matter.

  15. Burglary • Common law said that this is defined as the breaking and entering of a dwelling house at night with the intent to commit a felony. • Today states have passed statutes covering other kinds of breaking and entering. • Includes: • Breaking in during the daytime • A place that is not a dwelling house • Intent to commit a misdemeanor

  16. Larceny • Unlawful taking and carrying away of personal property of another with the intent to deprive the owner • Can be a misdemeanor or felony

  17. Embezzlement • Wrongful taking away of another’s property by a person who has been entrusted with that property

  18. Robbery • Wrongful taking and carrying away of personal property of another accompanied by violence or threats. • The penalty for robbery is greater than for larceny.

  19. Arson • Common law says the willful and malicious burning of the dwelling house of another. • Today arson is the willful and malicious burning of a house or other building.

  20. Vandalism • Called malicious mischief or criminal damaging • Vandals have to pay the cost or provide the work needed to restore the damaged property • Parents have liability from $300-$2,000

  21. Crimes against Business Interests • Crimes that involve business interests are often called white-collar crimes. • These crimes usually involve some sort of fraud or deceit and are nonviolent.

  22. Larceny by False Pretenses • Taking of someone’s money or property by intentionally deceiving that person is known as larceny by false pretenses, or fraud. • The false statements that are made must be intended to mislead, or defraud the victim. The statements must also induce the victim to rely on them.

  23. Forgery • Making or changing of writing with the intent to defraud. • For there to be a crime in these circumstances there must be an intent to defraud or deceive. The forged item must also have legal effect.

  24. Bribery and Extortion • It is illegal to give or pay anything to government officials in order to influence their official activity. • The person accepting the bribe may be disqualified from holding a federal office. • It is not a defense to bribery that the intended receiver of the bribe rejected it. • Extortion under common law is the unjust taking of money or a thing of value by a public official.

  25. Computer Crimes • Whenever new technology is invented the law must make certain adjustments to accommodate that new technology.

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