Criminal LawCriminal Law

I.I. General ConsiderationsGeneral Considerations

II.II. Elements of a CrimeElements of a Crime

III.III. Preliminary CrimesPreliminary Crimes

IV.IV. Crimes against PersonsCrimes against Persons

V.V. Crimes against PropertyCrimes against Property

VI.VI. Defenses to Criminal ChargesDefenses to Criminal Charges

General ConsiderationsGeneral Considerations State crime v. Federal crimeState crime v. Federal crime Classes of crime:Classes of crime:

FelonyFelony MisdemeanorMisdemeanor ViolationViolation

Parties to a crimeParties to a crime PrinciplePrinciple AccompliceAccomplice Accessory (before or after)Accessory (before or after)

General ConsiderationsGeneral Considerations State v. Federal Crimes:State v. Federal Crimes:

Some crimes violate state laws and Some crimes violate state laws and can only be prosecuted in state can only be prosecuted in state courts (drunk driving, shoplifting) courts (drunk driving, shoplifting)

Other crimes violate national laws Other crimes violate national laws and can only be prosecuted in federal and can only be prosecuted in federal courts (mail fraud, federal tax courts (mail fraud, federal tax evasion); evasion);

some crimes violate both Federal some crimes violate both Federal and State laws and can be tried and State laws and can be tried in either court ( drug laws, bank in either court ( drug laws, bank robbery, kidnapping, explosives, robbery, kidnapping, explosives, etc.) Federal prosecutors decide etc.) Federal prosecutors decide which court will try.which court will try.

If a crime crosses state borders, If a crime crosses state borders, it can become a Federal crime it can become a Federal crime (kidnapping)(kidnapping)

Federal prison sentences are Federal prison sentences are more severe; major cases usually more severe; major cases usually tried in Federal court.tried in Federal court.

Classes of CrimesClasses of Crimes Felony:Felony: punishable by more than punishable by more than

one year in prison, fines, or both; one year in prison, fines, or both; can be Class A, Class B, or Class can be Class A, Class B, or Class C.C.

Misdemeanor:Misdemeanor: punishable by less punishable by less than one year on jail, fines, or than one year on jail, fines, or both; can be Class A, Class B, or both; can be Class A, Class B, or Class C.Class C.

Infraction/Violation:Infraction/Violation: punishable punishable only by a fine.only by a fine.

Parties to a CrimeParties to a Crime

Principle:Principle: the person committing the person committing the criminal act.the criminal act.

Accomplice: Accomplice: assists in assists in committing the crime; acts at committing the crime; acts at the same time/ same place; the same time/ same place; charged with the same crime charged with the same crime (getaway driver) (getaway driver)

Accessory before the fact:Accessory before the fact: assists in planning and assists in planning and preparation but is not present at preparation but is not present at the crime scene; is charged as the crime scene; is charged as an accessory to the crime.an accessory to the crime.

Accessory after the fact:Accessory after the fact: helps a helps a criminal avoid capture after the criminal avoid capture after the crime; the charge is aiding & crime; the charge is aiding & abetting, or obstruction of abetting, or obstruction of justice.justice.

Preliminary CrimesPreliminary Crimes Also called Also called InchoateInchoate crimes crimes Actions that take place before Actions that take place before

the actual commission of a the actual commission of a crime, acts of preparation to crime, acts of preparation to commit a crimecommit a crime

Considered crimes in Considered crimes in themselves- even if the intended themselves- even if the intended crime does not occur. crime does not occur. Solicitation, Solicitation, Attempt, Attempt, ConspiracyConspiracy

SolicitationSolicitation: asking or paying : asking or paying someone to commit a crime someone to commit a crime (paying for a hit man)(paying for a hit man)

AttemptAttempt: having the intent to : having the intent to commit a crime and acting on the commit a crime and acting on the intent; taking substantial steps intent; taking substantial steps toward make the crime happentoward make the crime happen

ConspiracyConspiracy: an agreement : an agreement between two or more persons to between two or more persons to commit a crimecommit a crime

Elements of a Crime = Elements of a Crime = A.R.M.A.R.M.

Every crime is defined by three Every crime is defined by three elements:elements:

AActct RResultesult MMental Stateental State Prosecution must prove all Prosecution must prove all

elements; defense may only elements; defense may only need to disprove oneneed to disprove one

AAct: (Actus Rex)ct: (Actus Rex) Thoughts /plans alone do not make Thoughts /plans alone do not make

a crimea crime Thoughts are not dangerous, acts Thoughts are not dangerous, acts

areare If thoughts could be prosecuted, it If thoughts could be prosecuted, it

would be too easy to fabricate would be too easy to fabricate prosecutionprosecution

An act can include many types of An act can include many types of conduct: inciting with words, conduct: inciting with words, physical actions, even making physical actions, even making plans with othersplans with others

RResultesult

Some crimes require a particular Some crimes require a particular result, i.e. murder requires that result, i.e. murder requires that victim dievictim die

MMental State (mens rea):ental State (mens rea):

The mental state of the criminal The mental state of the criminal determines the degree of blame determines the degree of blame ((culpabilityculpability) and the seriousness ) and the seriousness of the crimeof the crime

The mental state is judged as of The mental state is judged as of the time of the act, the time of the act, (concurrence)(concurrence)

The 4 mental states are: The 4 mental states are: Purpose Purpose oror Intent; Knowledge, Intent; Knowledge, Reckless, Reckless, andand Negligent Negligent

Purpose Purpose oror Intent Intent

it is the principle’s intent in it is the principle’s intent in acting that the result occurs acting that the result occurs run over victim with a car for the run over victim with a car for the

purpose of killing thempurpose of killing them take property with the intent of take property with the intent of

keeping it keeping it start a fire with the intent of start a fire with the intent of

burning a buildingburning a building

KnowledgeKnowledge

the principle commits the act the principle commits the act knowing that the results are knowing that the results are almost certain to occur: almost certain to occur: hit victim with a car, without intent hit victim with a car, without intent

to kill but knowing that it will to kill but knowing that it will almost certainly kill themalmost certainly kill them

shoot with the intent of wounding, shoot with the intent of wounding, but knowing that it could killbut knowing that it could kill

RecklessReckless person consciously disregards a person consciously disregards a

substantial and unjustifiable risk substantial and unjustifiable risk of harm or injury if the act is of harm or injury if the act is committedcommitted

person knows it is likely to cause person knows it is likely to cause the harmful result and does it the harmful result and does it anyway. anyway.

RecklessReckless

A “reasonable person” would A “reasonable person” would recognize that the action has a recognize that the action has a very high risk of severe injury or very high risk of severe injury or death (driving when at risk of death (driving when at risk of epileptic seizures or heart epileptic seizures or heart attack, driving with known faulty attack, driving with known faulty brakes)brakes)

NegligentNegligent person acts unreasonably in person acts unreasonably in

disregard of substantial and disregard of substantial and unjustifiable risk of harm to others; unjustifiable risk of harm to others;

their carelessness, failure to their carelessness, failure to recognize danger, creates the riskrecognize danger, creates the risk

their conduct violates a minimum their conduct violates a minimum standard of care owed to others standard of care owed to others (driving too fast for the road (driving too fast for the road conditions) conditions)

Intent Required for Intent Required for CrimeCrime

Specific intent crimes:Specific intent crimes: some some crimes require the principle have crimes require the principle have a specific mental statea specific mental state

larceny requires “the taking and larceny requires “the taking and carrying away carrying away with the intent to with the intent to permanently deprive another of permanently deprive another of their property”their property”

Intent Required for Intent Required for CrimeCrime

General intent crimes:General intent crimes: some some crimes can result from many crimes can result from many mental statesmental states

battery is the unlawful touching battery is the unlawful touching of another person- it could result of another person- it could result from purpose, negligence, or any from purpose, negligence, or any of the mental states.of the mental states.

Intent Required for Intent Required for CrimeCrime

Strict liability crimes:Strict liability crimes: acts are acts are wrong because they are wrong because they are prohibited, the mental state is prohibited, the mental state is not considered not considered

sale of alcohol to minors, sale of alcohol to minors, statutory rapestatutory rape