Criminal Law

Chapter 3

Classifications of Crimes• Crime:

– Considered an act against the public good

• Plaintiff:– The party that accuses a person of a crime

• Prosecutor:– The government attorney who presents the

case in court against the person accused

• Defendant:– The person accused

• Felony:– A major crime punishable by imprisonment or

death

• Misdemeanor:– A less serious crime with a less severe

penalty

Criminal Law in the American System

• Each state government has inherent police power– This allows them to make statutes to protect

the public health, safety, welfare, and morals

• Federal government has no police power– Able to create criminal statues only in areas

over which it has jurisdiction

• Treason:– Is one crime named and defined in the US

Constitution

• Double Jeopardy:– No person can be tried twice for the same

crime• He or she may be tried twice for the same actions

in two different courts

Elements of a Crime• Criminal Act:

– Conduct that is forbidden– Must also involve voluntary conduct

• Required State of Mind:– Intentional– Accidental

• Motive:– If a person has committed a forbidden act with

the required state of mind, then he or she is criminally liable, regardless of motive

Defenses to Crimes

• The most common:– Insanity– Entrapment– Self-Defense– Defense of family members

Insanity• Cannot be held responsible for their

actions if they do not know what they are doing– Oldest test of insanity is the M’Naughten Rule

• Defendant must be proven to suffer from a mental diease (still used in 2/5 of US States)

– New test by the American Law Institute (ALI)• “as a result of mental disease or defect he or she

lacks substantial capacity either to appreciate the criminality of hiss conduct or to conform his conduct to the requirements of law” (used in 3/5)

Entrapment

• If a law enforcement officer induces a law-abiding citizen to commit a crime

Self-Defense

• When people have a good reason to believe they are in danger of serious injury or death– A person claiming self-defense must have

tried to retreat before resorting to force– If attacked in your home you do not have to

retreat

Defense of Family Members

• Most states will not punish someone for using force to rescue a family member from attack

Crimes Against People

• Murder:– The unlawful killing of another human being with malice aforethought

• Manslaughter:– The unlawful killing of another human being without malice aforethought

• Battery:– The unlawful touching of another person

• Hand, knife, gun, giving poison, spitting in someone’s face, commanding a dog to attack, kissing someone who does not want to be kissed

• Assault:– An attempt to commit a battery

• Pointing or shooting a gun at someone is the assault; the bullet striking the person is the battery

• Kidnapping:– The unlawful removal or restraint of a person

against his or her will

• Sex Offenses:– Statutory Rape:

• Situations in which the victim is underage, the consent of the underage person does not make the sexual encounter legal

– A minor can be prosecuted for having sex with another minor

– Sexual Assault:• By a friend or date is called date rape or

acquaintance rape– In one state the rape of a child under the age of 13

carries the penalty of life in prison

• Domestic Violence:– Suffer harm from members of their own

families

• Hate Crimes:– It is a crime to use certain symbols, writings,

pictures, or spoken words to cause fear or anger in people because of their race, religion, color, or gender.

Crimes Against Property

• Burglary:– The breaking and entering of a dwelling

house at night with the intent to commit a felony

• Now includes daytime, places other than homes, and intent to commit a misdemeanor

• Larceny:– The unlawful taking and carrying away of the

personal property of another with the intent to deprive the owner of the property

• Stealing

• Embezzlement:– The wrongful taking of another’s property by a

person who has been entrusted with that property

• Robbery:– The wrongful taking and carrying away of the

personal property of another through violence or threats

• Arson:– The willful and malicious burning of the

dwelling house of another

• Vandalism:– Involves willful or malicious damage to

property

• Shoplifting:– The act of stealing goods from a store

Motor Vehicle Violations

• A license to drive a motor vehicle is a privilege and may be suspended temporarily or permanently if abused

Crimes Involving Controlled Substances

• Alcohol:– Selling to person underage could be

imprisoned, fined, or both

• Drugs:

Computer Crimes

• Federal Crimes and Laws: