Criminal Law Unit 3 Notes

Terms: Conspiracy Accessory before the fact Forcible Rape Homicide Attempt Accessory after the fact Statutory Rape Suicide Elements of a Crime Felony Burglary Assault Solicitation Misdemeanor Embezzlement Battery Crime of Omission Accomplice Stalking Arson Principal Vandalism Larceny Computer Crime Intent Strict Liability Robbery Extortion Motive Forgery Uttering Car Jacking Unauthorized Use of a Vehicle (A.K.A. joy riding) Receiving stolen property

Introduction to Criminal Law 1. Crimes require A. Intent is the "state of mind" that includes both knowledge and willingness (free will choice) to commit the crime. 2. Motive A. Reason why one did something B. Does not need to be proved for a trial but it helps because; 1. It can help to determine the charges in a crime. 2. Jury can understand intent more clearly 3. It can be used in sentencing 3. Strict Liability crimes A. These do not need intent B. The act in criminal regardless of prior knowledge. EX: selling alcohol to minors, or having sex with a minor believing that person is of adult age; statutory rape. General Considerations 1. Bringing a case to trial requires that "3 Elements" of a crime be proven A. A "Guilty Mental State" (Intent) B. Proof "Beyond a Reasonable Doubt" C. The details of the definition of a crime Ex. Robbery A. Taking goods and or money B. Taking it from a person C. Using force or intimidation I taking the property. 2. An act can be both a criminal and civil violation A. Criminal= arson (set fire to building) B. Civil= sue for restitution of damage to building State and Federal Crimes 1. Both have similar crimes but there are more state crimes than federal crimes A. State: simple assault, disorderly conduct, shoplifting, drunk driving B. Federal: spying, treason, smuggling 2. Classes of crimes A. Felony = a crime in which the potential penalty is imprisonment for more than one year or more than a money value; ex. $100 B. Misdemeanor = is any crime for which the potential penalty is imprisonment for one year or less, or money value less than a money value; ex. $100 3. Parties to a Crime A. Principal = The person that actually commits the crime. B. Accomplice = someone who helps another person commit a crime. 1 C. Accomplice before the fact = someone who helps the principal commit a crime and is not present during the crime. D. Accomplice after the fact = someone who helps the person who committed the crime escape. ///////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////

Case of the drowning Girl - p.104

Crime of Omission 1. A person is criminally liable for a failure to act when they had a legal obligation to act. 2 Example: Off duty Police officer sees a crime; a lifeguard on duty at a pool. Preliminary Crimes 1. These A. Solicitation = asking, urging, encouraging, advising or paying someone to commit a crime. (Some argue this is free speech) B. Attempt = both intended to commit a crime and taken some substantial step toward committing the crime. C. Conspiracy = an agreement between two of more persons to commit a crime. 1. A requirement for conspiracy is taking one "overt" (obvious to the public view)step towards committing the crime. Ex. Buying a gun 2. Supporters argue it allows police to stop a crime before it starts 3. Critics argue it violates a persons right to free speech D. Misprision of a Felony = if a person has knowledge of a crime and does nothing to stop or report it is a violation of law Ex. Knowledge of a planned bombing ///////////////////////////////////////////////////////////////////////////////////////////////////////////////// Homicide 1. Homicide = the deliberate killing of another person. A. Criminal Homicide is the most serious level of homicide, but you must prove "Malice", which hatred or ill will, lack of concern for life. Ex. Shooting into a crowd with no concern for who gets killed. 2. Many states have laws that classify homicide by the degree or the state of mind of the defendant. A. First Degree Murder = killing that is premeditated (thought about beforehand.) B. Felony Murder = any murder that takes place during the commission of certain felonies such as rape, robbery, arson etc. C. Second Degree Murder = is a killing that is done with malice, but without premeditation or deliberation. Ex. A bar fight D. Voluntary manslaughter = is a killing that would otherwise be murder, but that occurs after the victim has done something to the killer that would cause a reasonable person to lose self control or act rashly. Ex. A cheating spouse E. Involuntary manslaughter = is an unintentional killing resulting from conduct so reckless that it causes extreme danger of death or bodily injury. Ex. Playing with a gun. F. Negligent homicide = the causing of death through criminal negligence. Some states have degrees such as "gross", "extreme", or "involuntary" Ex. Car accidents known as Vehicular or auto homicide. 3. Non-criminal homicide = Killing that is Justifiable or understandably excusable. Legally 2 taking a life. Soldiers, police, self-defense of yourself or another. //////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////

Suicide 1. Suicide is the deliberate taking of one's own life. A. It used to be a crime - now only the "attempt" is criminal, but it is not punishable as crime, but considered a "Cry for help" and once discovered it is treated rather than punished. B. Those who assist are prosecuted under criminal code and could be charged with murder or manslaughter. C. Teens attempted suicide rate is high and growing, but not as much as the senior citizen rate. D. There are many government as well as, volunteer agencies to help those that Are thinking of taking their own life. Assault and Battery 1. Assault = is any attempt or threat to carry out a physical attack upon another person. There is no touching, but a threat of physical touching. 2. Battery = is any unlawful physical contact inflicted by one person upon another without consent. 3. Stalking = occurs when a person repeatedly follows or harasses another person and makes threats, causing the victim to fear death or bodily injury. A. Supporters argue this protects potential victims by keeping threatening people at a distance. B. Critics argue that without proof stalking laws are vague, and a violation of freedom. Rape 1. Forcible rape = is the act of unlawful sexual intercourse committed by a man with a woman by force and without her consent. 2. Statutory rape = is sexual intercourse by a male with a female who has not yet reached legal age of consent. Mutual consent is not a factor. A. There is no consent if a person submits as a result of force or threats of bodily harm. Likewise there is no consent if a person is unconscious or mentally incompetent of if their judgment is impaired by drugs or alcohol. B. The age at which a young person can legally agree to have sex varies by state from 11 to 18; most states however put it at 16. 3. Laws: Today states have changed their laws from traditional "Rape" to "Sexual Assault" which is to include female to male rape, as well as, same sex to same sex rape. Ex. School teacher Mary Kay Latourneau; she received 7 years for having sex with a male student. A. Supporters of the changes argue that traditional rape laws impose a male oriented standard of how victims should act and effectively put female rape victims rather than rapists on trail. B. Regardless of how the laws are written; critics of the old law argue that it is often unclear what the nature of the male-female relationship is, and it is unrealistic to hold only men responsible for rape unless the victim clearly expresses an unwillingness to have sex. 4. Evidence: Traditionally, proving that a rape was without consent usually meant presenting some evidence that the victim resisted. There has been a movement in some states to rewrite rape statutes to focus entirely on the force or compulsion applied by the defendant rather than on the actions of the victim in displaying consent or lack of consent. 3 A. In the past a person's past history of sexual activities could be used as evidence to raise reasonable doubt and a not guilty verdict. Ex. A prostitute B. Today a person's past history of sexual activities cannot be used as evidence. This is called the "Rape Shield Law". C. Evidence in rape is hard to gather when measured by reasonable doubt. It is often a "he said" "she said" situation. 1. This is why many victims are reluctant to file charges. 2. This is especially true when the rapist and victim know each other and it is referred to as "date rape" or "acquaintance rape". 3. Consider the myth when "she says no she means yes" (Garth Brooks song that he pulled of the market) 4. Adding to the dilemma is date rape drugs. 5. Advice: A. No sure things defense strategy B. Some experts say fight C. Some experts say give in D. Some experts say be creative EX. Faint, make up a story ///////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////

"Crimes Against Property" have been declining because citizens have developed better crime prevention. Arson 1. Arson = The willful and malicious burning of another person's property. A. At various times arson has also been a form of racial violence. To help federal prosecutors deal with a rash of racially motivated church arsons, congress passed the Church Arson Prevention Act in 1996. Vandalism 1. Vandalism = Also known as malicious mischief, is willful destruction of, or damage to, the property of another. Vandalism can be either a felony or misdemeanor depending on state and local laws. A. The measurement to determine whether it is a felony or misdemeanor is either the financial cost or time in prison. Larceny 1. Is the unlawful taking and carrying away of the property of another with intent to steal it. A. Grand Larceny = involves the theft of anything above a certain value (often 100 dollars of more) and is a felony. B. Petty Larceny = is the theft of anything of small value (usually less than 100 dollars) and is a misdemeanor. 2. Keeping lost property is also larceny EX. Finding a wallet or keeping property delivered to you that you did not order. Also spending money that is mistakenly in you bank account. 3. Shop lifting = is a form of larceny. EX. Taking items from a store without paying or intending to pay for them. 4. Concealment = this is the crime of attempted shoplifting. /////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////// Embezzlement = unlawful taking of property by someone to whom it was entrusted. Robbery = is the unlawful taking of property from a person's immediate possession by force or intimidation. 4 Extortion = popularly called blackmail, is the use of threats to obtain the property of another. Burglary = Was originally defined as breaking and entering the dwelling of another during the night with intent to commit a felony therein. Forgery = is a crime in which a person falsely makes or alters a writing or document with intent to defraud. Uttering = which in many states is a separate crime, is offering to someone as genuine a document (such as a check) known to be fake. Receiving stolen property = receiving or buying property that you know or have reason to believe is stolen. Unauthorized Use of a Vehicle (A.K.A. U.U.V. or Joy Riding) = taking a vehicle without the owners permission with the intention to return it later. 1. If the person intends to keep the vehicle it is a more serious felony with more serious consequences. If force is used to take the car it not only is a state crime but a federal crime as well, known as "Car Jacking". The maximum penalty under federal law is life in prison. Computer Crimes: Any crime in which a computer is used 1. Fake identification using a computer 2. Making credit card purchases with someone else's card using the internet. 3. Spreading a computer virus 4. Stealing passwords 5. The above crimes are considered "White Collar" crimes A. Hackers Those who illegally gain access to personal, corporation and government computers; hackers are generally considered harmless when their motive is fun, a challenge, curiosity or making a point that a computer can be hacked or a practical joke. B. "Crackers” are hackers who are considered more threatening and dangerous, whose Motive is money, destruction or something more serious. 6. What to do with computer criminals A. Some believe jail terms and large fines are required to discourage these crimes. B. Others argue that they are not violent and can be "rehabilitated". 7. Since the 80's new federal laws have been passed to prosecute hackers. A. "Computer Fraud and Abuse Act" of 1986 makes it illegal to modify, destroy or disclose information gained from unauthorized access to a computer. B. "National Information Infrastructure of 1996" makes it illegal to threaten to cause damage unless the owner gives something of value such as money. It is also illegal to give or sell passwords. 8. One common complaint is obscenity and pornography on the worldwide web, A. 1996 Congress passed the "Communications Decency Act" which made Internet transportation of indecent material illegal unless procedures were made to ensure anyone under 18 could not access the material. EX: by credit card B. However in 1997 Reno v. A.C.L.U. the federal Supreme Court declared the law unconstitutional because it was a violation of the 1st amendment. (Now many may still verify age voluntarily). 9. Most computer crime goes unreported for many reasons. A. Companies do not want the public to know. B. Time and effort to prosecute when punishment is most cases is not severe. C. Difficulty in catching hackers. 10. The future is sure to see an increase in computer crimes because computers have become a way of life. Examples: A. Illegally publishing on computer billboards such as songs, books, and movies before they are sold to public. 5 B. Illegal copying of music, movies, etc. which violates copyright laws. C. Violators are facing prison and fines of $250,000 or more.