Chapter 4
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Transcript of Chapter 4
Chapter 4Criminal Law & Procedure
CLASSIFICATIONS OF CRIMES•In a criminal proceeding the state or
federal government, representing the public at large, is the plaintiff.
A crime is defined by 3 elements:1. Duty to do or not to do a certain thing2. Performed an act or omission in
violation of that duty3. the required state of mind/criminal
intent
CRIMINAL ACT•Each state statute that defines a crime
must specifically explain the conduct that is forbidden by that statute.
•The statute can also make failure to act.
Criminal Intent• The state of mind is specified in the statute that
defines the crime.• A statute defining murder forbids the
intentional taking of a person’s life. In such a statute the required mental state is intent.
• A statute defining manslaughter outlaws the accidental taking of a person’s life through negligence.
• Notice that in both statutes the criminal act is the same, but the required state of mind changes.
Criminal Intent•Intent for corporations
▫Can a corporation form criminal intent the way humans do? YES
▫When a corporate employee commits a crime, can officers be held criminally responsible? YES
•Intent and age▫Under 7 considered incapable of forming
criminal intent (according to common law)▫Over 14 was capable. 7-14 had to be
proved.
MOTIVE•The prosecution does not need to prove
that the alleged criminal had a motive to commit the crime.
•A motive can help establish a list of suspects.
FELONIES•Punishable by imprisonment or death•Examples:
Murder Manslaughter Burglary Robbery Arson
MISDEMEANORS•Less severe crime with a less severe
punishment•Examples:
Driving without a license Lying about ones age to purchase alcohol Leaving the scene of a car accident
Crimes can be grouped under 8 headings:1. people2. property3. business interests4. Decency5. Consumers6. Realty7. Public peace and order8. Government and administration of
justice
CRIMES AGAINST PEOPLE•Murder-
▫Unlawful killing of another human being•Malice aforethought-
▫evil intent before the murder took place
Manslaughter •Unlawful killing without malice
aforethought•Voluntary occurs when one person intends
to kill another but does so suddenly. • Involuntary manslaughter occurs when
one person, while committing an unlawful act, kills another.
Assault and Battery•Unlawful touching of another.•Assault is the attempt to commit battery.
Kidnapping•Unlawful removal or restraint of a person
against their will.•Distance involved does not matter.
Burglary•Common law said that this is defined as the
breaking and entering of a dwelling house at night with the intent to commit a felony.
•Today states have passed statutes covering other kinds of breaking and entering.
•Includes: ▫Breaking in during the daytime▫A place that is not a dwelling house▫Intent to commit a misdemeanor
Larceny•Unlawful taking and carrying away of
personal property of another with the intent to deprive the owner
•Can be a misdemeanor or felony
Embezzlement•Wrongful taking away of another’s
property by a person who has been entrusted with that property
Robbery•Wrongful taking and carrying away of
personal property of another accompanied by violence or threats.
•The penalty for robbery is greater than for larceny.
Arson•Common law says the willful and
malicious burning of the dwelling house of another.
•Today arson is the willful and malicious burning of a house or other building.
Vandalism•Called malicious mischief or criminal
damaging•Vandals have to pay the cost or provide
the work needed to restore the damaged property
•Parents have liability from $300-$2,000
Crimes against Business Interests•Crimes that involve business interests are
often called white-collar crimes.•These crimes usually involve some sort of
fraud or deceit and are nonviolent.
Larceny by False Pretenses•Taking of someone’s money or property by
intentionally deceiving that person is known as larceny by false pretenses, or fraud.
•The false statements that are made must be intended to mislead, or defraud the victim. The statements must also induce the victim to rely on them.
Forgery•Making or changing of writing with the
intent to defraud.•For there to be a crime in these
circumstances there must be an intent to defraud or deceive. The forged item must also have legal effect.
Bribery and Extortion•It is illegal to give or pay anything to
government officials in order to influence their official activity.
•The person accepting the bribe may be disqualified from holding a federal office.
• It is not a defense to bribery that the intended receiver of the bribe rejected it.
•Extortion under common law is the unjust taking of money or a thing of value by a public official.
Computer Crimes•Whenever new technology is invented the
law must make certain adjustments to accommodate that new technology.