Criminal Law - Cengage

Criminal Law - Cengage

Criminal Law Chapter 5 Objectives Distinguish between violations of civil and criminal law, and between felonies and misdemeanors. Identify three elements making up a crime.

Explain when an omission can give rise to criminal liability. Identify the four criminal mental states. Objectives Identify elements for the following crimes: First-degree murder, second-degree murder, voluntary manslaughter, involuntary manslaughter,

battery, assault, sexual assault, rape, and child molestation Objectives Identify elements for the following crimes: Larceny, robbery, obtaining money under false pretenses, extortion, embezzlement, burglary, false imprisonment, kidnapping, RICO

Arson Criminal versus Civil Law Criminal Law Civil Law

Brought by Government Party who has been wronged Burden of Proof

Beyond a reasonable doubt More likely than not Penalty

Jail, probation, fine or restitution Money damages or a court order Definition of Crime

Criminal conduct Common law crimes Statutory crimes Violation of a law is not criminal unless the law declares that it is criminal Reasons for Criminal Punishment Deterrence

Protect society from wrong-doer through incarceration Vindication of victim and society Satisfies need for justice Felonies and Misdemeanors Felonies are more serious offenses Punishable by more than one year in jail

Misdemeanors are less serious Punishable by one year or less in jail Elements Defined by statutes and/or case law Crime is made up of elements Act Mental state

Attendant circumstances Act The act requirement can be satisfied by either an affirmative act or an omission Act or omission must be a voluntary act An involuntary act cannot be basis for criminal liability

Mental State Four criminal mental states (Model Penal Code) Purposeful Knowing Reckless Negligent

Strict Liability Most crimes require proof of a culpable mental state Model Penal Code definitions Some relatively minor crimes do not Referred to as strict liability crimes Common with regard to regulatory offenses Attendant Circumstances

Other fact must exist Additional facts that must be proven Example Convicted of assault on a uniformed officer Officer must be in uniform Homicide Includes two basic crimes

Murder Manslaughter Murder Killing with malice aforethought Act: Killing or causing death Mental state: Malice aforethought Purposeful

Knowing Recklessness indicating depraved heart Murder First-degree murder Premeditated murder Unintended death of someone during the commission of a felony (felony murder)

Second-degree murder Any murder not first degree Manslaughter Voluntary manslaughter Intentional killing in the heat of passion as a result of severe provocation Involuntary manslaughter

Unintentional killing Battery Unpermitted offensive touching of another A person can consent to being touched Thus consent is a defense to battery charges Consent must be knowing and voluntary Consent may be implied

Battery and Emergency Responders Medical treatment involves touching Consent implied from the circumstances Person calls for rescue/EMS assistance Person does not object to treatment Consent may be withdrawn or limited

Battery and Consent Consent induced by fraud, deceit, or misrepresentations is not valid Example: Person pretends to be a doctor and is allowed to examine and treat a person Implied consent is limited by circumstances Assault

Placing another in immediate physical harm Some jurisdictions say it is an attempted battery that is unsuccessful Consent rules apply to assault False Imprisonment Unlawful restraint upon a persons freedom and ability to come and go

Also called false arrest Some authorities say false arrest is one type of false imprisonment Kidnapping Use of force (or threat of force) in taking someone from one place to another Modern statutes

Forcibly or secretly confining someone against their will Forcibly carrying or sending someone out of the state Rape Common law Sexual intercourse without others consent

Modern trend Expanded definition of sexual assault via degrees First-degree sexual assault Second-degree, etc. Larceny Common law Taking and transporting of property with intent to

permanently deprive From common law crime of larceny Now a broad range of theft crimes Robbery Larceny through use of force or threatened use of force Taking money or other personal property

By means of force or use of fear Extortion Obtaining money or property Requiring someone to do something they are not legally required to do Threats necessary for extortion Bodily injury, damage to property

Revealing information about the victim Burglary Most states have statutory offenses to address loopholes in common law Breaking and entering (B&E) Of dwelling (to cover daytime breaks) Of other buildings

Of dwelling while possessing instruments related to wrongful setting of fires Arson Common law definition Willful and malicious burning of the dwelling of another Common law crime had many loopholes

All states now have comprehensive arson laws RICO Racketeer Influenced and Corrupt Organizations Act Illegal for a person to engage in a racketeering activity through the use of an organization Both civil and criminal aspects

Summary Criminal law

Three types of elements Criminal mental states Criminal offenses

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