Criminal Law - Truman State...

Utah has similar distinctions with felony penalties varying from one to life in prison and misdemeanor penalties less than one year. Stated in chapter 545 in the Missouri Statutes, felonies and misdemeanors may be prosecuted with the information or by the indictment.

Chapter 5a: Criminal LawAlysia Kleekamp, Erica Scheer, April Williams, Laura Hilliard, Nick Oliger, Adam Hartman, M.J. Kang, Michael Staihr, Donald Harvey, Joseph Higgines

Criminal law includes the laws that are set up to punish those who do something wrong. Criminal law is divided up into two categories: felonies and misdemeanors. Each varies in degree of punishment based on the seriousness of the crime. The punishments could be anything ranging from a small fine to the death penalty. All criminal laws have one thing in common: the government enforces them.

I. Types of Crimes

Every crime can be classified as treason, felony, misdemeanor, or an infraction.

A. Treason

Treason is the crime of betraying one's country. According to the Constitution, committing treason includes: levying war against them, or in adhering to their enemies, giving them aid and comfort. Treason can include the giving of government security secrets to other countries. Treason may also include espionage. To be convicted of this crime, the person must confess in court or be found guilty based on the testimony of two witnesses in court.

B. Felonies and Misdemeanors

The difference between a felony and a misdemeanor is based on the amount of jail time served for the crime and the severity of the crime that was actually committed. A felony charge by the federal government and most states is where the maximum sentence is a year or more. A misdemeanor charge is jail time of one year or less in a county jail or state facility and can also include fines. The federal government cannot punish any act unless it is considered a federal offense; otherwise, states determine the punishment for the crime committed. A felony is considered a more

serious crime such as murder, sexual assault, kidnapping, and robbery. A misdemeanor is the

less serious of the two such as simple battery, resisting arrest, and public drunkenness. Utah classifies its felonies as first, second, and third degree. If a felony is not specified, the crime is

Chapter 5a: Criminal Law

considered a third degree felony which is 1-15 years imprisonment. Misdemeanors are classified as Class A, B, or C. If a misdemeanor is not specified, Utah will deem it a Class B misdemeanor, which is six months or less in prison.

II. Criminal Liability

Criminal liability entails three elements that must be proven: act or omission, intent, and cause and effect. To be considered guilty, one must commit an act or the omission of a responsibility, have the intent to cause harm, and be the cause of the harmful effect. Criminal liability does not apply to thoughts without action.

A. Act or Omission

The act of a crime must be voluntary, meaning it was deliberately performed as the result of an effort. Therefore, there is no consequence for bad thoughts, such as wishing someone dead. Possession is also considered an act. If a person knowingly acquires something and has control over it for an extended period of time, they are responsible for it. Taking control is considered the act. This is especially important in controlled substance cases.

Omission is considered the failure to act when a person has a legal responsibility to do so. For example, a lifeguard has the responsibility to save someone who is drowning. The general population has the legal responsibilities of filing tax returns, staying at the scene of a crime, or reporting child abuse. By not abiding to those responsibilities, a person would be criminally liable for omission.

B. Intent and Cause and Effect

A person must also have the intent to harm to be criminally liable. This is sometimes referred to as mental fault, or “mens rea,” meaning “guilty mind” in Latin. This is a crime when a person knowingly and willfully attempts to achieve a malevolent outcome. Most criminal law requires the person to have knowledge that the act is criminal and continues to commit the criminal act. There is no time span necessary prior to the act; the two can occur simultaneously, but it is important that the act and the intent are connected by cause and effect. It must be proven that the harm came from the direct result of the intention of the defendant. Depending on the intent, a criminal charge can be lowered to a less severe charge. The type of intent depends on the crime. Premeditated murder requires planning. A lesser type of murder may be done without premeditation.


C. Types of Incapacitation

The accused must be proven to have the mental capacity to commit the crime. The goal of the court is to punish conscious wrongdoers, not those who do not have the mental capacity to understand the consequences of their actions. Criminal law accepts three types of incapacitation: intoxication, infancy, and insanity. Intoxication is not a total defense for criminal liability, but it can reduce the degree of the defendant’s responsibility. Proof of premeditation is necessary to be guilty of first degree murder. But a person who is highly intoxicated would more than likely be incapable of premeditation, so the charge would be lessened. The person would be convicted of another homicidal offense that does not require premeditation. In Missouri, the age of fourteen is considered the age of infancy, meaning no one under 14 could form criminal intent. Therefore, their actions are not considered crimes, unless it is a heinous offense, such as murder or rape. In most states, teenagers are tried in juvenile courts for crimes committed. The juvenile courts concentrate on rehabilitation rather than prison sentences. Finally, insanity can be considered a valid defense because the person is not considered morally culpable. The defendant has the burden of proof to successfully convince a jury or judge of an insanity defense, which is very difficult to prove. The tests for insanity used in court include: the M’Naughten test and the Irresistible Impulse test. The M’Naughten tests attempts to determine if a criminal knows the difference between right and wrong. The Irresistible Impulse test attempts to determine if a criminal knew what they were doing at the time or if they were compelled to commit the crime due to mental disease. A convicted person who has proven insanity is sent to a mental facility rather than prison.

III. Crimes Against Persons (as found in Missouri)

A. Homicide

Homicide is the act of killing another human being without legal justification or excuse. It can be committed as an act or omission. Modern statutes divide criminal homicide into murder and manslaughter. Murder can be further divided into first and second-degree murder. Manslaughter is divided into the categories of voluntary and involuntary. Different states may classify these crimes differently, but here are the distinctions in Missouri.

1. First-degree Murder

First-degree murder is the deliberate and premeditated killing of another person. It is punishable by death or life in prison. Most states also follow the concept of “felony murder rule” in relation to first-degree murder. If a person causes any death as a result of arson, burglary, kidnapping, rape, or robbery, they are still charged with first-degree murder.


a. Example – Thompson vs. Oklahoma

This court case is not only a great example of first degree murder, but also very significant in terms of rulings for murder cases involving juveniles. In this case, William Thompson murdered his brother-in-law for abusing his sister. He was found guilty, but since he was only 15 years old, Thompson received lesser penalties. The prosecution appealed this, believing he should undergo a trial as an adult. In order to do this, the prosecutor had to prove that rehabilitation in a juvenile system would not aid Thompson. The district court upheld this appeal, and Thompson was sentenced to death. However, the case was later appealed to the Supreme Court, where it was overturned. The Supreme Court ruled that the Eighth and Fourteenth Amendment prohibits the execution of anyone under the age of 16. Therefore, Thompson was not sentenced to death, and this case set a new precedent that no one under the age of 16 could be executed, as it would be “cruel and unusual punishment.”

b. Example

Frank is very mad that Bob got the job promotion that he had been working for. He waits in his car in the parking lot one day after work until Bob goes to his car. He intentionally runs Bob over to kill him.

c. Example

Frank burns down Sue’s house when she was not there because she cheated on him. The fire spreads to the neighboring house where Mary is sleeping. Mary does not wake up in time and dies as a result of the fire. Frank will be charged for first degree because death was caused because he planned the crime.

2. Second-degree Murder

Second-degree murder is the result of the intent to cause serious injury, bodily harm, or death which results in death. Unlike first-degree murder, the act is not premeditated. The action must also be a dangerous activity where murder is a definite possibility or where there is a lack of concern for human life. “Felony murder,” where someone dies during a felony is also classified in Missouri under this category.


a. Example

A drug dealer did not get the money he wants and pulls out a gun on the buyer. Because of his terrible shot, he misses the buyer and hits a bystander. He intended to cause harm, but it was not premeditated or directed towards the bystander.

3. Voluntary Manslaughter

Voluntary manslaughter is considered the intentional killing of another, but without a preceding intent to kill. It is usually murder in the “heat of the moment.” The events that lead up to a certain event caused a reasonable person to lose control and become emotionally or mentally disturbed enough to kill. The preceding events must qualify as “adequate provocation” to cause any ordinary person to lose control. In most states, “adequate provocation” is defined as situations where there is a threat of deadly force or when a spouse is found in bed with another individual. Verbal threats are not accepted as adequate provocation. In Missouri, assisted suicide is also considered voluntary manslaughter.

Ryan comes home early from work and finds his wife in bed with Eric. Ryan picks up a baseball bat and strikes Eric in the head, killing him on the spot. Ryan lost his temper in the “heat of the moment” and caused him to hit Eric, therefore he will be charged with voluntary manslaughter.

4. Involuntary Manslaughter

Involuntary manslaughter is unintentional killing as a result from recklessness, criminal gross negligence, or actions that are considered to be misdemeanors or low-level felonies. Gross negligence shocks the conscience and exceeds normal negligence. Drunk driving is usually deemed as gross negligence.

One of the most stunning examples of rulings on manslaughter cases came earlier in 2009 when NFL player Donte Stallworth pleaded guilty to DUI manslaughter. Stallworth was nearly two times over the legal alcohol limit when he struck a 59-year-old man and killed him. He was charged with DUI manslaughter, and sentenced to only 30 days in jail and 10 years of probation. This is a curiously light sentence, considering the maximum sentence could have been up to 15 years in jail.


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B. Non-Criminal Homicide

Non-criminal homicide is considered killing without malice or criminal intent. Therefore, homicide may be justifiable or excusable depending on the surrounding circumstances and if the person is not guilty of a criminal offense.

1. Justifiable Homicide

Justifiable homicide is when killing occurs as a result of self defense, the defense of others, or while trying to prevent a serious crime. The person has to reasonably believe that they or another is under imminent danger and killing is necessary in the situation to remain alive. In most states, a person has a duty to retreat before committing homicide unless they are attacked in the home, place of employment or business. The exception is Louisiana, which has no duty to retreat policy. Capital punishment has been accepted as justifiable homicide, along with the attempt to stop a fleeing prisoner with deadly force, because the law authorizes both. However, the suspect or prisoner must be armed or have a history of causing serious injury or death before deadly force can be used against them. Finally, killing by soldiers during a time of war is considered justifiable homicide as long as the killings are within the scope of the soldiers’ duty and are commanded by an officer.


2. Excusable Homicide

Excusable homicide differs from justifiable homicide because it is committed as a result of lawful acts. The death occurred by accident or misfortune. There is no intent to murder or use an unnecessary amount of force. This crime is usually governed by state law and is generally incorporated into justifiable homicide.

a. Example

Nick and Ryan are playing tackle football outside. Nick tackles Ryan, and in the event, Ryan hits his head on a rock. The impact kills Ryan. Nick did not have intent to murder or act in cruel or unusual way, which makes the homicide excusable.

3. Death through Ordinary Negligence

The last part of non-criminal homicide is death through ordinary negligence. This occurs when a person violates their duty to society. It normally applies to vehicular manslaughter cases and professional negligence. If a person is speeding and loses control of a car causing an accident, which also causes a death, it would qualify as death through ordinary negligence. They did not intend to kill or commit a violent action; rather, they failed to fulfill their duty to follow the speed limit. With professional negligence cases, the professional is expected to act with the necessary degree of care to keep the persons free from harm. If not, they are breaching their duty and open the possibility of death.

C. Non-lethal Crimes

Non-lethal crimes are the final category included in crimes against persons. Non-lethal crimes include assault, battery, kidnapping and rape.

1. Assault

Assault is defined as the attempt or threat to cause harm or strike another where the victim is aware of the danger. There are two types of assault, simple and aggravated. Simple assault is the intentional injury directed towards another person. Aggravated assault is simple assault with the use of a deadly weapon. The penalties of assault include imprisonment, probation, fines, loss of rights to possess weapons, or anger management classes.


Example – United States vs. Delis

This case involves a passenger on an airplane and a flight attendant. The passenger, Delis, was upset at his airplane meal, and got into a dispute with the flight attendant. According to the witnesses, during the argument, Delis became violent and struck the flight attendant. In court, Delis claimed that the flight attendant pointed her finger at him and he simply pushed it out of the way. However, the United States Court of Appeals for the Second Circuit ruled against Delis and charged him with one count of Assault.

2. Battery

An accompanying part to assault is battery. Whereas assault is the perceived threat of danger, battery is the actual injury or contact. There must be physical contact with the intent to harm to constitute as battery. It can be considered a criminal and civil case because battery is considered an intentional tort. There are also varying degrees of battery. Simple battery is non-consensual and harming contact, despite the amount of damage incurred. Sexual battery is the non-consensual, physical contact with a sexual nature. Most simple battery cases constitute as misdemeanors, but can be reasoned to be more serious if it is a repeated act. Depending on the state, a second or third battery charge could be a felony. For an act to be deemed aggravated battery it must be committed against a protected person (child, peace officer, or a person over 65 years of age), involve a weapon, cause significant injury, or occur in a public transit vehicle or school zone. In those instances, it is a felony offense with the possible consequences of incarceration, fines, or others.

3. Kidnapping

Kidnapping is defined as the unlawful and un-consented removal of a person by force, fraud, or threat of false imprisonment from their particular location. To be considered kidnapping, at least one of the following five purposes must accompany the act: 1) holding the person for ransom, reward, or another condition of release, 2) using the individual as a hostage or shield, 3) interfering with governmental or political functions, 4) assisting with committing in a felony, and 5) inflicting injury or suffering on the victim. If these criteria are not met, the act is considered to be an abduction, which receives a lesser punishment. It is unlawful for a parent


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who does not have legal custody to take their child. State, federal, and international laws protect the rights of the parent whose child has been taken by the parent without custody. Most nations have set up a Central Authority to investigate international kidnapping cases and return the child to the lawful guardian. Kidnappings most often occur by family members, not strangers. The overall punishment for kidnapping is decided by the state and based on the circumstance of the particular case.

a. Statistics

The Federal Bureau of Investigation estimates around 200,000 minors are taken by family members each year. While most cases are custodial cases, the unlawful parent is still not allowed to take the child.

4. Rape

Rape is forced sexual intercourse. It is usually committed for the aggressive desire of domination over the victim rather than for sexual satisfaction. It is the most serious sexual assault punishable by law. States have varying definitions that constitute an act as rape. In every state, a man who forces a woman who is not his wife to partake in sexual intercourse has committed rape. Some states have extended their definition of rape to include other nonconsensual occurrences of intercourse and the force of sex on a spouse. Other states have separate statutes that address additional sexual assault forms, unwanted sexual activity, and nonconsensual but unforced sexual intercourse. Because of the wide variety of definition of rape, it has been broken down into certain types. Included are forcible rape, acquaintance rape, marital rape, statutory rape and rapes of men. Each covers a different aspect of the criminal act, which makes it easier for courts to determine charges. Typically, convicted rapists serve a significant number of years in prison, if not life imprisonment. However, the actual penalty can vary depending on the type of rape committed. To prevent false accusations of rape, the United States has instituted a special corroboration to rape prosecutions. For a defendant to be guilty, there must be physical evidence (semen or bruising) or a witness statement; the testimony of a victim is not enough.


IV. Crimes Against Property

A variety of categories are included in common law crimes against property. These include larceny, robbery, embezzlement, theft by false pretenses, and burglary. All of these crimes are considered theft. Theft is classified as either grand or petty. Grand theft is considered $750 or more and is charged as a felony. Petty theft is considered less than $750 and is charged as a misdemeanor. States often differ on the classification and specification of these crimes against property and the form and severity of punishment for each. Many states will use the following distinctions, though in Missouri some of the offenses are simply called “stealing.”

A. Larceny

Larceny is the act of taking the property of another person without them providing consent and the intention of not returning the property. There are two elements of larceny: intent and taking. First, the intent to deliberately take someone else’s property with the purpose of never returning the property must be the objective. Since the theft was premeditated, the person is trespassing to steal the object of desire. If the person takes something that they didn’t know belonged to someone else, then that person is not committing larceny, but will have to return the property. Larceny sometimes is divided into two categories: grand larceny and petty larceny. Grand larceny is the theft of someone else’s property over a certain value (a felony). In contrast, petty larceny (a misdemeanor) would be the taking of another’s property below the limit of grand larceny. The value separating grand larceny and petty larceny can differ and is determined by individual states. Depending on the value of the goods being taken, larceny can be filed as a


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Chapter 569 of Missouri Statutes classifies robbery in either the first degree or second degree.

In Virginia, embezzlement is deemed larceny.

felony or misdemeanor. Grand larceny is most often considered a felony with a state prison sentence as punishment. Petty larceny is categorized as a misdemeanor and is frequently punishable by county jail time.

B. Robbery

Robbery can be defined as the taking, or attempting to take,

anything of value from a person by force, threat of force, or merely fear of force. If a weapon is involved, robbery can be classified as armed or aggravated. Armed robbery involves the use of a weapon to inflict bodily harm. A gun or knife is commonly used to commit armed robbery. Aggravated robbery entails the threatening of harm to the victim with the weapon. The courts consider all robberies to be felonies. Robbery in the

first degree involves serious physical injury to the victim, armed with a deadly weapon, and threatens to use the weapon. It is also punishable as a Class A felony. Robbery in the second degree involves forcibly stealing property and is considered a Class B felony.

C. Embezzlement

Embezzlement is a person being trusted and given the possession of an asset, and then taking it for themselves. Often times, the person is a trusted employee and has sole responsibility over the asset being embezzled, which allows them to continue without being checked upon or caught. In Virginia, larceny less than $5 is petty larceny and is a Class 1 misdemeanor. The sale of the stolen property with a value of $200 or more is a Class 5 felony with between 2-20 years in prison. Embezzlement generally occurs in an employment and corporate situation.

A recent example of this crime took place in Jackson, Michigan, in which former attorney Richard McQuillian embezzled over $900,000 of his friend Robert Howard’s estate after Howard passed away. When Howard passed away, much of his estate went legally into McQuillian’s possession. However, McQuillian committed embezzlement when he mis-appropriated this


Chapter 569 of the Missouri Statutes classifies burglary as either first degree or second degree. In California, Burglary in the first degree is 2-6 years imprisonment by the state and second degree is less than 1 year within county or state.

Crimes such as larceny, embezzlement, and theft by false pretenses and all classified as stealing under Chapter 570 of the Missouri Statutes

money, using it for his own gain. The state of Michigan sentenced him to at least 6 years in prison, well over the average guidelines of 10-23 months in prison.

D. Theft by false pretenses

Theft by false pretenses can be defined as paying for something with stolen money or a stolen form of payment, such as a forged check, stolen credit or debit card, or counterfeit money. In order for an offense to be considered theft by false pretenses, the original owner must actually be misled and their property must be taken. Making a false promise or assertion is not considered theft by false pretenses.

E. Burglary

Burglary entails breaking and entering a building or part of a building with the intent of committing a crime. Any crime committed after breaking and entering can be regarded as burglary. No physical breaking or entering is necessary; simply walking through an unlocked door can be considered burglary. Force and threats are usually not involved because usually no victim is present. Burglary in the first degree involves being armed with a deadly weapon, a threat of physical injury to any person not helping commit the crime, and a situation where people are present that are not

committing the crime. Burglary in the first degree is considered a Class B felony. Burglary in the second degree involves knowingly entering a building with the intent to commit a crime, no others present. It is considered a Class C felony. In California, first degree burglary is the entering of an inhabitated house, vessel, trailor, or any other building, and any other burglary is considered second degree.

F. Stealing (as defined in Missouri)

Stealing is knowingly taking something that belongs to

someone else, without consent or in an attempt to deceive. This includes larceny, embezzlement, and theft by false pretenses. The intent of depriving the victim of the property stolen must


also be present. Stealing is a Class C felony if the value of the property is more than $500 and less than $25,000, or if a motor vehicle, watercraft or aircraft is stolen. It also includes deeds to real property, credit card or letter of credit, firearms, a United States national flag being displayed, original copy of an act of bill from the legislation of Missouri, list of voters, certain animals species, live fish raised for sale, and documents of historical value of $500 or more. Theft of any attempt to steal anhydrous ammonia or ammonium nitrate is a Class B felony, unless the amount is the appropriation of a tank truck or the similar - where it is classified as a Class A felony. Each of these offenses has exceptions and can be charged on many counts; each one can be accessed differently.

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V. Federal Crimes

Most crimes are just state offenses; occasionally something like bank robbery is both a state and federal offense. However, here are two examples of federal crimes: wire fraud and mail fraud, and RICO.

A. Wire and Mail Fraud

Wire fraud refers to any deceitful method of securing money or property through the use of telephone, computer, radio, or television wires. Mail fraud is considered the misrepresentation or schemes to deceive using the United States Postal Service. Wire and mail fraud are considered to be federal crimes because of the possibility of an interstate actions. If more than one state is involved, then the federal government is in charge of dealing with those concerned. The government has to prove intent to deceive and the use of an interstate wire system in order to bring charges to the person or persons. The same rule applies to mail fraud. It


prevents schemes that try to get people to send money in the mail for a phony product or service. The penalty of mail fraud can be up to 20 years in prison and/or fines imposed by the government.

B. RICO

The Racketeer Influenced and Corrupt Organization Act deals with repeated criminal acts by organizations: crimes against persons and property are considered racketeering activities, as well as drug trafficking, acts of terrorism, gambling, and kidnapping. At least two of these crimes must be committed for a person to be charged with racketeering. RICO laws are most commonly used to indict individuals for behavior or actions committed against witnesses and victims in cooperation with law enforcement. These laws also allow the confiscation of the targeted criminal organization’s assets. The idea is to cut off the funding with the hope of deteriorating that particular organization due to a lack in funding for further criminal activity. This is usually applied to well known organized groups or mobs.

Famous American Trials: Three O.J. Simpson Trials—Daniel Garbo

In 1994, O.J. Simpson was tried for first degree murder of his wife Nicole Simspon and and her friend Goodman. It was a case that was covered heavily by the media and took over 8 months to conclude. It was not going to be a smooth trial after chasing Simpson down in his White Bronco. The trial was one of the first where a superstar athlete was on the defense.

The trial began on June 20, 1994. Simpson pleaded not guilty on both counts of first-degree murder. The defense brought witnesses claiming to have seen Simpson speed away from his house the night of the murder. Another key witness was a knife salesman claiming to have sold Simpson a knife. The knife he sold was a 15-inch German-made knife similar of that used in the murder. After a week of trial, it was determined that there was enough evidence to bring Simpson to trial for the murders. When asked to plead “guilty” or “not guilty”, Simpson responded, “Absolutely, one hundred percent, not guilty.”

The trial was then set at Clara Shortridge Foltz Criminal Justice Center in downtown Los Angeles due to the earthquake damage to the Santa Monica Courthouse. Because of the location in the downtown Los Angeles area, the jury pool selected was relatively diverse. The voir dire took several months and began with 304 prospects, all of whom were required to fill out a 75 page questionnaire relating to their potential ability of jurors . On November 3rd, 12 jurors and 12 alternates were selected.

The trial officially began on January 25, 1995. The prosecution team was lead by Marcia Clark and Chris Darden. They started by playing a 9-1-1 phone call from Nicole Simpson claiming she had been physically threatened by O.J. They also brought more DNA and blood evidence that they stated placed O.J. at the crime scene. At points in the trial, controversy arose as Judge Lance Ito struggled to control the heavy media coverage that the trial was receiving. He was scrutinized throughout the trial by media who essentially had free access to the courtroom.

The star studded defense team was led by Robert Kardashian, F. Lee Bailey, Robert Shapiro, and Alan Dershowitz. Even more controversy arose when the defense claimed that Mark Furhman, the lead detective, had placed evidence on the crime scene to make it appear that Simpson had committed the crime. If these statements were true, they would discredit all the


DNA tests that confirmed O.J. Simpson to have been at Nicole’s house at the time of the murder. In the end, the prosecution found it hard to use the evidence found by Furhman and the detective team due to Furhman’s well-known reputation racist reputation.

The final important piece of evidence was the glove that was found at the crime scene. Many, including the prosecutors, believed the glove to be that of the murderer. At the climax of the trial, the glove was brought to the courtroom for O.J. to try on, and it was clear that it did not fit. On October 3, 1995, after only several hours of deliberation, the jury found O.J. Simpson not guilty on both counts.

However, the “not guilty verdict” did not stop a civil lawsuit brought by the parents for “wrongful death.” Remember, the burden of proof is different in a civil case as compared to a criminal case. In a different court, with a different judge and jury, O.J. lost the civil case in 1997. He was ordered to pay the families $33.5 million. He has paid only a small part of that money.

Later O.J. was arrested and convicted for armed robbery for his attempt to recover some “OJ” memorabilia at sports convention. He was convicted in 2008 and was sentenced to 33 years in prison. He could get out in 8 years.

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