An Introduction to Crimes and Criminal Law

1. An Introduction to Crimes and Criminal Law Chapter 8

2. Goals and Objectives • Introduce, become familiar with, and be able to work with some of the major factors and terminology involved in crimes. • Elements and Factors of Crimes • Classes of Crimes • Parties of Crimes

3. Definition of a Crime • Crime: an act against society for which a penalty has been set. Murder Conspiracy Abuse Aiding and Abetting Assault and Battery Speeding Theft Forgery Arson Burglary Robbery Traffic Violations DUI Fraud Etc.

4. Two Essential Elements of Crimes • Act: something illegal must be done • The Act can be a criminal and civil wrong • Paul purposely sets fire to Tamika’s store • State files criminal charges against Paul for arson • Tamika may also bring a separate civil action (lawsuit) against Paul to recover the damages to her store. • Accountability: The Prohibited act must be done Intentionally, Knowingly, or Willfully • It’s a State of Mind!! • Carelessness does not general make accountability • Meredith forgot to turn off the stove, apartment building burns down: not arson • One Must Know what they are doing is illegal

5. Other Factors involved in Crimes • Various Factors Effect the SEVERITY of a Crime • Motive: the reason WHY the act was performed • Not a requirement of a crime but can effect the severity of the crime • Vehicular death: DUI, fell asleep, road rage, ran over your EX • Robin Hood • Strict liability: acts so severe they do not require it to be Knowingly and Intentionally • The act itself is criminal, regardless of the knowledge or intent of the person who committed the act • Sell alcohol to minors (whether you know they’re a minor or not) • Statutory Rape (even if you think they’re an adult) • Parking Violations • Generally Applies to preventative measures with larger issues

6. Final Factors to Consider • Aggravating Circumstances • Factors that might increase the seriousness of the crime • Premeditation –act was thought-out prior to it being committed • Robbery while high and with a gun • A gruesome and horrendous murder • 5th arrest for the same crime • Mitigating Circumstances • Factors that lessen the seriousness of the crime • Crimes of Passion –act was an emotional reaction to a difficult situation • First time offender • Juveniles • History of being abused • Economic and home situation • Stupidity doesn’t count!

7. The Burden of Proof • In Criminal Law the Government Prosecutes(accuses and tries in court) individuals who commit crimes • Local Prosecutor represents the Government • John Doe v. State of Missouri • Individual citizens do NOT prosecute each other • Defendants are Presumed Innocent until Proven Guilty • The Government must “Prove beyond a reasonable doubt” that every element of the crime was committed as they claim • The Government must have sufficient evidence that no “reasonable person” would doubt that the crime was committed as the government claims it was. • If the government cannot “prove beyond a reasonable doubt” then the accused must be set free

8. Anton is a bully. One night while eating at a local drive-in, he notices Derek selecting a tune on the jukebox. To impress his girlfriend, Anton orders Derek to sing along with the record. When Derek refuses, Anton punches him in the face, breaking Derek’s jaw. As a result of the injury, Derek misses several weeks of work and has to pay both medical and dental bills. • Has Anton violated criminal law? • Who decides whether Anton should be charged criminally? • What should Anton be charged with? • What evidence will the Prosecution likely present? • What would be an appropriate sentence if he were found guilty? • Determine each of the following • Motive: • Aggravating Circumstances • Mitigating Circumstances

9. Classes of Crimes • Felony –potential penalty is imprisonment for more than one year • More serious crimes • Misdemeanor –potential penalty is imprisonment for one year or less • Less serious crimes • Minor traffic violations (really are misdemeanors but treated differently) • Penalties includes tickets and fines • Minor Offenses such as speeding, failing to signal, etc.

10. Federal and State Crimes(know some examples) • Some cases can only be tried in a State Court unless they occur on federal property (national park) • Simple assault Traffic Violation • Disorderly conduct Battery • Drunk driving Vandalism • Shoplifting Manslaughter • Some cases can only be prosecuted in Federal Courts • Failure to pay taxes Maritime Law (seas) • Mail fraud Trusts/Monopolies • Espionage Counterfeiting Currency • International smuggling • Some crimes can violate state and federal law and can be prosecuted in either state or federal court • Illegal possession of controlled substances (drugs) • Bank robbery • Murder

11. Parties to a Crime • Principal –the person who commits a crime • Accomplice –someone who helps another person commit a crime • May be charged and convicted of the same crime as the Principal • Accessory Before the Fact –person who orders a crime or helps the principal plan it but is not present when it is committed • Usually can be charged with the same crime and punishment as the principal • Accessory After the Fact –person who later learns the crime has been committed and helps the principal and accomplice escape or avoid capture • Charged with harboring a fugitive, aiding in an escape, or obstructing justice

12. Parties to a Crime: Example Joe and Mary decide to burglarize Superior Jewelers. Their friend Carl, an employee at Superior, helps by telling them the location of the store vault. Mary drives a van to the store and keeps lookout while Joe goes inside and cracks the safe. Joe later meets a friend, Fred, who was not involved beforehand. Fred is told about the burglary and helps Joe get a train out of town. David, a former classmate of Joe and Mary’s, witnesses the crime but doesn’t tell the police, even though he recognizes both Joe and Mary. Which Party is each person and how will they be charged? • Joe –principal, burglary • Mary –accomplice, burglary • Carl –accessory before the fact, burglary • Fred –accessory after the fact, harboring a fugitive and aiding the escape • David -accessory after the fact, obstructing justice

13. Questions and Review • Introduce, become familiar with, and be able to work with some of the major factors and terminology involved in crimes. • Elements and Factors of Crimes • Classes of Crimes • Parties of Crimes

14. Your Task: You are the Prosecution. You are to decide who you will prosecute in this case (if any) and list your reasons for your decision. Draw up the formal charges against those you will accuse including 1. the charge, 2. what party to the crime they are, and 3. a well written explanation/justification of why you are charging them. Your formal charges will be used by the Grand Jury in deciding whether the trial will be held. If you are not charging a certain individual then you must also give your explanation why. Be creative as you come up with your charges and justifications. Remember this is Competitive

15. Legal Teams -analysis • Allen: charge/no charge, party, justification • Betty: charge/no charge, party, justification • Chin: charge/no charge, party, justification • Doris: charge/no charge, party, justification