Criminal Law

1. Criminal Law Chapter 5

2. 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.

3. Objectives • Identify elements for the following crimes: • First-degree murder, second-degree murder, voluntary manslaughter, involuntary manslaughter, battery, assault, sexual assault, rape, and child molestation

4. Objectives • Identify elements for the following crimes: • Larceny, robbery, obtaining money under false pretenses, extortion, embezzlement, burglary, false imprisonment, kidnapping, RICO • Arson

5. Criminal versus Civil Law

6. 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

7. Reasons for Criminal Punishment • Deterrence • Protect society from wrong-doer through incarceration • Vindication of victim and society • Satisfies need for justice

8. 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

9. Elements • Defined by statutes and/or case law • Crime is made up of elements • Act • Mental state • Attendant circumstances

10. 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

11. Mental State • Four criminal mental states (Model Penal Code) • Purposeful • Knowing • Reckless • Negligent

12. 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

13. 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

14. Homicide • Includes two basic crimes • Murder • Manslaughter

15. Murder • Killing with malice aforethought • Act: Killing or causing death • Mental state: Malice aforethought • Purposeful • Knowing • Recklessness indicating depraved heart

16. Murder • 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

17. Manslaughter • Voluntary manslaughter • Intentional killing in the heat of passion as a result of severe provocation • Involuntary manslaughter • Unintentional killing

18. 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

19. 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

20. 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

21. Assault • Placing another in immediate physical harm • Some jurisdictions say it is an attempted battery that is unsuccessful • Consent rules apply to assault

22. 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

23. 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

24. 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.

25. 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

26. 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

27. 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

28. 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

29. 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

30. 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

31. Summary • Criminal law • Three types of elements • Criminal mental states • Criminal offenses