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.

• 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

Objectives

Criminal versus Civil Law

Criminal Law Civil

LawBrought 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

• 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

Murder

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 person’s 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 other’s 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