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
studying mergers and acquisitions objectives the ebay-paypal acquisition merger vs. acquisition motives for mergers and acquisitions m&a - a vehicle that impacts all elements of the strategy diamond us acquisition activity ups and downs at snapple the flip side of...
Color Sort. What is your True Colors . Spectrum? Word Cluster. What is your True Colors . Spectrum? ... Draw a graphic to represent your True Colors Spectrum (e.g. Bar graphic, pie chart, pictures, etc.) In your Brightest color groups:...
Uno de los aspectos básico en el diseño de un sistema móvil es el de determinar qué nivel de potencia medio se recibirá en un receptor situado a una distancia d de la antena transmisora. Las ecuaciones de Maxwell permiten...
The best guided discovery is a genuine collaborative effort between two people who do not know where the questions and answers will eventually lead. "Wisdom begins in wonder." Curiosity and effort to understand are part of the guided discovery process...
The children were initially intrigued by our presences. They occasionally glanced at us but then immediately return to their activities. The teacher did not say anything to the students when they were obviously curious about us.
(Larose 1989) Cette évolution transparaît également avec clarté à travers l'étude des Théories contemporaines de la traduction, qui constitue le "premier essai critique" dans ce domaine, et dans lequel le linguiste canadien Robert Larose analyse les éléments " constitutifs des...
Ready to download the document? Go ahead and hit continue!