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Chapter 2 – Criminal Law

Chapter 2 – Criminal Law. Spirit of the Law. Crime – Act against the public good Punishable by fine, imprisonment or both Must be prohibited by the law of the place where committed; law must provide for punishment of offenders. Essential Terms.

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Chapter 2 – Criminal Law

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  1. Chapter 2 – Criminal Law

  2. Spirit of the Law • Crime – Act against the public good • Punishable by fine, imprisonment or both • Must be prohibited by the law of the place where committed; law must provide for punishment of offenders

  3. Essential Terms • Plaintiff – state of federal government representing public at large • Prosecutor – government accusing person of a crime • Defendant – person accused of crime

  4. Classification of Crimes • Felony – major crime, punishable by imprisonment or death • Misdemeanor – less serious crime, punishable by fine or imprisonment

  5. Elements of a Crime(Two are necessary) • Criminal Act – • conduct that is forbidden, must be defined by a statute or implied in criminal code • Can also be failure to act (not registering to vote when 18) • Required State of Mind – specified in statute that defines the crime • Intent to commit • Accidental

  6. MOTIVE • Plays no part in proving criminal liability • Does establish a list of suspects • Lack of motive doesn’t remove criminal liability

  7. Crime Groupings • Crimes Against People • Crimes Against Property • Crimes Against Business Interests

  8. Crimes Against People • Murder • Manslaughter • Assault & Battery • Kidnapping • Sex Offenses

  9. Sex Offenses • Rape – sexual intercourse without consent • Statutory rape – intercourse between an adult and a minor • Child molestation • Indecent liberties • Voyeurism • Laws apply to males and females as well as to same sex crimes

  10. Crimes Against Property • Burglary • Larceny • Embezzlement • Robbery • Arson

  11. Crimes Against Business Interests • Larceny by False Pretenses • Forgery • Bribery & Extortion • Computer Crimes

  12. Defenses to Crimes • Insanity • Committed to Institutions and undergo psychiatric exams • Entrapment – must show wouldn’t have done crime without inducement by officer • Self-Defense – when in danger of serious injury or death • Must retreat, unless in own home • Must show didn’t start the altercation • Defense of Family Member- must believe victim in danger of severe bodily injury or death • Don’t need to retreat if in own home

  13. Sentencing Convicted Criminals Judge decides on penalty • Fines – payments as penalty • Imprisonment – • Indefinite minimum and maximum time (can be lessened by good behavior) • Definite number of years • (can be lessened by good behavior) • Mandatory – can’t be changed by good behavior • Death Penalty – 3 phases must be met • Jury, pre-sentence hearing, appeal to state’s highest court

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