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.