Unit 1 Crimes

1. Unit 1 Crimes What is a crime? an act that one does or attempts to do that is in violation of a law: a behavior that society and government has set a penalty as a consequence: Let’s see if each person in class can name a crime.

2. There are several different aspects to the concept of crime. Such as….. 1. consequencesto committing crimes 2. motivationsto committing crimes 3. classificationof crimes 4.parties to crimes

3. Consequences • directconsequences -tangible (meaning?) -can be calculated (meaning?) -close to immediate (meaning?) Examples? incarceration, probation, fine 2. indirectconsequences -tough to quantify -not easily describable -relevant to person involved Examples? public embarrassment future job employment school/military acceptance “hidden” fees

4. motivations What do you think is far and away the #1 factor motivating people to commit crimes? • drugs and/or alcohol -buying, possession, using, selling, all drug related crimes (Such as?) 2. monetary- $$$$ 3.mental illnesses- professionally diagnosed • reactionary/impulse driven 5. gang violence

5. Classification You all have read or heard how ALL crimes no matter what state or level are classified. Felony Vs. Misdemeanor What do you think is the difference? Felony- any crime that is punishable by a more than two and a half years in prison: Misdemeanor- any crime that is punishable by two and a half years or less:

6. Parties • principal- one who commits, the most responsible for the crime • accomplice- helps principal and present at scene of crime while crime is being committed • Accessory before the crime- is involved in one/some of the following aspects before the crime: * planning * set up scene * set up victim * acquire tools to commit crime 4. Accessory after the crime- is involved in one/some of the following aspects after the crime: * destroy evidence * hide evidence * help party(ies) escape, flee * lie to investigators to help party(ies) flee

7. Journal Reflection #2 September 17 If you could create or remove any law, which would it be and why? Provide 3 reasons justifying your choice with clear and distinct details.

8. Unit 1: “Crimes” Type of Crime: Crimes Against the Person Homicide the killing of one human being by another There are six degrees of homicide • 1stDegree Murder 2. Felony Murder 3. 2nd Degree Murder 4. Voluntary Manslaughter 5. Involuntary Manslaughter 6. Negligent Homicide

9. 1. 1st Degree Murder A killing that is premeditated, deliberate, and done with malice: Premeditation?- Deliberation?- Maliciousness?-

10. Felony Murder Any killing that takes place during the intentional committing of a felony such as robbery, rape, arson, or burglary: Not necessary to prove premeditation or deliberation, malice is assumed: 1st Degree/Felony Murder-capital offense

11. 2nd Degree Murder Killing done with malice, without premeditation or deliberation: Could be best viewed as middle ground between 1st degree murder and manslaughter Dan comes home and finds his best friend Mike in bed with his wife. Dan runs out of the house in a state of shock. At a stoplight the next day, Dan sees Mike in the passenger seat of a nearby car. Dan pulls out his legally owned and carried handgun and fires three shots into the car at Mike. He misses Mike and kills the driver.

12. Voluntary manslaughter killing that would otherwise be murder, but the killing occurs after the victim has done something to the killer that would cause a normally rational person, to lose control and act irrationally: temporary insanity

13. Involuntary manslaughter Responsibility for a death where there is no intent or malice at all. It is an unintentional killing that results from conduct so reckless on behalf of the victim, the reckless behavior causes a death to occur. It is an accidental death. Vehicular Manslaughter/Homicide

14. Negligent Homicide Responsibility for a death that is caused because of a failure to use a reasonable or ordinary amount of care in a situation. Death caused by criminal negligence It is an accidental death. Vehicular Manslaughter/Homicide

15. “Question, do we have to know all of that for the exam”?

16. Yes Give one key word to trigger your memory for each one of the degrees of homicide. • 1st Degree Murder • Felony Murder • 2ndDegree Murder • Voluntary Manslaughter • Involuntary Manslaughter • Negligent Homicide

17. Other Crimes against the person Assault Any attempt or threat to carry out a physical attack upon another person (must be by person with the ability to carry out) Battery Any unlawful physical contact inflicted by one person upon another without consent *Simple Assault – unlawful touching of another person (Misdemeanor) Aggravated Assault- Intentionally inflicts injury that causes either permanent disfigurement or loss of body part or organ (Felony)

18. Battery by body waste • A person knowingly or intentionally in a rude, disrespectful or angry manner, places fluid or body waste on another person. (Examles?) It is a FELONY Stalking/Harassment willfully engaging in a pattern of conduct or series of acts over a period of time directed at a specific person, which seriously alarms that person and would cause a reasonable person to suffer substantial emotional distress

19. Sexual Assault Unwanted sexual contact (molestation) is intentional as committed in any of the following ways: 1. physical force, violent coercion, verbal, or intimidation: 2. ignoring the objection of another person: 3. causing the intoxication or impairment through the use of alcohol or drugs: 4. taking advantage of another person’s incapacitation, state of intimidation, helplessness, or inability to give consent:

20. Examples of Sexual Assault in MA Indecent Assault on Child under 14 Inducing Child of Chaste Life Under 18 Adultery Molestation Incest Bigamy Prostitution Bestiality

21. Rape Sexual intercourse without consent Aggravated Rape-use or weapon/violence Statutory Rape- adult has sex with a minor Massachusetts Law 1. 17 yr. old and 16 yr. old=Statutory 2. Victim under 12, more than 5 year age difference=Statutory 3. Victim between 12-16, more than 10 year age difference=Statutory

22. Danny villa- former patriot, walpole H.S. Athletic director, head football coach

23. Property Crimes/Crimes against the Property *Robbery* the use, threat, or intimidationof force to take a possession of value from another: Larceny/Theft the unauthorized taking of another’s possession that has value w/out person knowing: MA Grand/Petty Larceny Difference? Burglary unlawful entry of a structure in order to commit a felony or theft:

24. Arson willful or malicious burning of another’s property: Vandalism malicious mischief, willful destruction or damage to another’s property: Extortion the use of “threats” to obtain the property or another: “threats” consisting of… do physical harm, destroy property, injure character or reputation:

25. Embezzlement unlawful taking of someone’s property by someone to whom it was entrusted: Fraud any deception, lie, or dishonest statement made to cheat someone or induce them to agree to a contract

26. Forgery a person falsely makes or alters writing or a document with intent to commit fraud: Receiving Stolen Property to receive or buy property you know or should have reason to believe is stolen:

27. Alcohol • Change from DUI to OUI • Alcohol was a factor in 35% of violent crime • Alcohol was a factor in 67% of domestic violence cases • Implied Consent Law and Melanie’s Law

28. What do police look for when searching for drunk drivers? • Turning with a wide radius • Straddling center of lane marker • Weaving and swerving • Speed more than 10 mph under speed limit • Stopping without cause in traffic • Following too closely • Drifting • Braking erratically • Signaling inconsistent with driving • Erratic behavior by driver

29. Symptoms of intoxication • Flushed face • Red, watery, glassy, and/or bloodshot eyes • Odor of alcohol emanating from person • Slurred speech • Fumbling with wallet trying to get license • Failure to comprehend officer’s questions • Staggering when exiting vehicle • Swaying or instability on feet • Leaning on car for support • Combative, argumentative, jovial (inappropriate) • Disorderly clothing • Disorientation to time and place • Inability to follow directions

31. Drugs • Categories of Drugs • Estimated 90% of people incarcerated are there for drug and alcohol related crimes • “Decriminalization of marijuana” • Mandatory Sentencing

32. Classification of Drugs • Class A – Heroin, Morphine, etc. • Class B – Cocaine, Oxycontin, Codiene, Meth, Ecstasy, Amphetamines, etc • Class C – Tranquilizers (Valium, Vicodin), Hallucinogens • Class D – Marijuana • Class E – Over the Counter Meds (Tylenol #3)

33. Punishments • Four Possible Charges – Possession, Possession w/ Intent to Distribute, Trafficking, Conspiracy to Violate Drug Laws • Example of Mandatory Sentences: • M.G.L Ch 94C Sec 34 “Heroin is a class "A" substance. Any person who violates this section by possessing heroin shall for the first offense be punished by imprisonment in a house of correction for not more than two years or by a fine of not more than two thousand dollars, or both…”

34. Preliminary Crimes -unlawful behavior that takes place before the crime, and very often in preparation for the commission of the crime. Such as…. Attempt Solicitation Conspiracy

35. Attempt • When someone performs ALL of the elements of a crime but fails to achieve the criminal result • Two things must occur to form an attempt: • Must have intended to commit a crime • Must have taken a SUBSTANTIAL step toward committing the crime. Meaning?

36. “Solicitation” -Ask, urge, command, or advise someone to commit a crime: What do you think is the most common type of this?

37. Conspiracy agreement between two or more people to commit a crime: *could include principals, accomplices, or accessory before

38. “Crimes of Omission” failing to act when it is one’s legal duty to act, as long as one does not bring harm or threat of harm upon oneself: 1. hit and run-the act of causing a traffic accident and failing to stop and identify oneself afterwards: 2. obstruction of justice-interfering with the work of police, investigators, prosecutors or other (usually government) officials. 3. income tax evasion- criminal non-payment of tax responsibilities