Chapter 2 - Criminal Law

1. Chapter 2 - Criminal Law D. Gerken Lake Shore Central School

2. Objectives • Identify the major classes of crimes • describe the elements of a crime • distinguish among a variety of particular crimes • explain the defenses available to criminal defendants • summarize the penalties provided under criminal statutes

3. Characters • Prosecutor • usually the government • the party that accuses the person of a crime • Defendant • the person who is accused of a crime

4. Classifications of Crimes • Felonies • a major crime punishable by imprisonment or death • murder, manslaughter, burglary, robbery, arson • “any offense punishable by death or imprisonment for a term exceeding one year”

5. Classifications of Crimes • Misdemeanors • a less serious crime with a less severe penalty • fines or imprisonment in county or city jail • driving w/out license, underage purchase of alcohol, leaving the scene of an accident

6. Difference between Criminal and Civil Cases

7. Chapter 2 - Criminal Law Thursday, September 12th D. Gerken Lake Shore Central School

8. Criminal Law • Laws – rules of conduct that govern a society • English Common Law / Statutes / Constitution / Court Decisions (precedent) / Administrative Agency Law • Prosecution (gov’t) / Defendant-Defense Attorney • Felonies (most serious) / Misdemeanors (less serious) • Defining a crime – Criminal Act / State of Mind

9. Elements of Crime • Criminal Act • Required State of Mind

10. Elements of Crime • Criminal Act • each statute that defines a crime must specifically explain the conduct that is forbidden by that statute • i.e. a statute that makes stealing a crime prohibits the wrongful taking of another person’s personal property • some statutes make failing to act a crime • failure to register for draft when 18.

11. Classifications of Crimes • Required State of Mind • specified in the statute that defines the crime • in both manslaughter and murder the criminal act is the same but the intent or required state of mind differs

12. Particular Crimes • Crimes against People • Crimes against Property • Crimes against Business Interests

13. Crimes against People • Murder • Manslaughter • Assault and Battery • Kidnapping • Sexual Offenses

14. Murder Criminal Act • The unlawful killing of another human being with malice aforethought • malice aforethought - evil intent Required State of mind

15. Murder • 1st degree Murder • premeditation • cruel or torture • while committing a felony, such as rape, robbery, or kidnapping • 2nd degree Murder • none of the aforementioned apply

16. Manslaughter • The unlawful killing of another human being without malice aforethought • The major difference between murder and manslaughter is that malice is found in murder but not in manslaughter

17. Manslaughter • Voluntary Manslaughter • when one person intends, at the time the act is committed, to kill another but does so suddenly and as the result of great personal distress • Involuntary Manslaughter • occurs when one person, while committing an unlawful or reckless act, kills another • There is no intent to kill

18. Assault and Battery • The unlawful touching of another person is known as battery • usually involves the forceful use of a person’s hand, knife or gun • could be committed by giving person poison or drugs • Assault is an attempt to commit a battery

19. Kidnapping • Involves the unlawful removal or restraint of a person against a person’s will • usually the victim is either threatened of forced to be a captive

20. Crimes against Property • Burglary • Larceny • Embezzlement • Robbery • Arson

21. Burglary • The breaking (opening) and entering of a dwelling with the intent to commit a felony

22. Larceny • The unlawful taking and carrying away of personal property of another with the intent to deprive the owner of it

23. Larceny • Petty Larceny • less than $1000 • Grand Larceny • 4th degree (>$1000) • 3rd degree (>$3000) • 2nd degree (>$50,000) • 1st degree (>$1,000,000)

24. Embezzlement • The unlawful taking and carrying away of personal property of another with the intent to deprive the owner of it by someone who had been entrusted with that property

25. Robbery • The unlawful taking and carrying away of personal property of another accompanied by violence, threats of violence or use of force

26. Arson • The willful and malicious burning of a house or other building

27. Crimes against Business Interests • Larceny by False Pretenses • Forgery • Bribery • Extortion • Computer Crimes

28. Larceny by False Pretenses • Also known as Fraud • The taking of someone’s money or property by intentionally deceiving that person

29. Forgery • The false making or changing of a writing with the intent to defraud • there must be intent to defraud or deceive

30. Bribery • Illegal to pay or give anything of value to public officials in order to influence their official activity • accepting a bribe is also a crime

31. Extortion • The taking of property by public officials or others which is not due • the victim agrees to give up the money or property, but does so out of fear

32. Computer Crimes • New technologies = new crimes • identity stealing

33. Classifications of Crimes • Motive • motive actually plays no part in proving criminal liability • uncovering a motive may help establish a list of suspects • lack of motive does not remove criminal liability • If a person has committed the forbidden act with the required state of mind, he or she is criminally liable.

34. Defenses to Crimes • Insanity • Entrapment • Self-Defense • Defense of family members

35. Insanity • A person cannot be held responsible for their actions if they do not know what they are doing • no practical purpose to imprison someone who should be under medical care

36. Insanity • “as a result of mental disease or defect he or she lacks substantial capacity either to appreciate the criminality of his conduct or to conform his conduct to the requirements of the law”

37. Entrapment • If a law enforcement official induces an otherwise law abiding citizen to commit a crime • a defendant who would have committed the crime even without the involvement of the officer cannot use this defense

38. Self-defense • When a person has good reason to believe that they are in danger of serious injury or death, they can protect themselves • except in one’s own home, the person claiming self-defense must retreat, if possible, before resorting to violence

39. Defense of family members • A person uses force to rescue a family member who has been attacked • must have reason to believe victim was in danger of severe bodily injury or death • must retreat if possible except in family home

40. Sentencing Convicted Criminals • Fines • Imprisonment • The Death Penalty

41. 12 Angry Men • https://www.youtube.com/watch?v=ngbEpZ0tTjI&t=31s