If you have issues viewing or accessing this file contact us at NCJRS.gov. -~-- -~~~ This microfiche was produced from documents received for inclusion in the NCJRS data base. Since NCJRS cannot exercise control over the physical condition of the documents submitted, the individual frame quality will vary. The resolution chart on this frame may be used to evaluate the document quality. 1.0 IIII~ 11111.1 111111.25 111111.4 111111.6 MICROCOPY RESOLUTION TEST CHART NATIONAL BUREAU Of STANOAROS-1963-A -\ )1 , / Microfilming procedures used to create this fiche comply with the standards set forth in 41CFR 101-11.504. Points of view or opinions stated in this document are those of the author(s) and do I,Ot represent the official position or policies of the U. S. Department of Justice. National Institute of Justice United States Department of Justice Washington, D. C. 20531 ..-.-,­ - () $4.95 CRIME, THE lAW, AND YOU Here are the subjects covered in this lay .. man's guide to crime and the public: MURDER AND MANSLAUGHTER Justifiable and excusable homicides' murder: malice aforethought • negligent homicide· felony • murder· resisting ar­ rest· degrees of murder • homicide in self-defense· voluntary manslaughter' involuntary manslaughter • death during commission of an unlawful act· death during a grossly negligent act. RAPE AND OTHER SEXUAL CRIMES Rape without consent· statutory rape. proof problems in rape' incest· adul­ tery • fornication' seduction and abduc­ tion • prostitution • bigamy • sOdomy. homosexual crimes • voyeurism and exhibitionism. ABORTION • ASSAULT AND BATTERY • FALSE IMPRISONMENT • KIDNAP. PING • SUICIDE CRIMES AGAINST PROPERTY Larceny. embezzlement • false pre­ tenses • robbery • extortion and black­ mail • receiving stolen property' bur­ glary • arson. MINOR CRIMES Drunkenness-as an offense· drunken­ ness-as a defense· malicious mischief • breach of the peace • fighting' un­ lawful assembly • carrying dangerous weapons. MOTOR VEHICLE OFFENSES Jurisdiction • speeding • driving while intoxicated • reckless driving • homicide while driving • assault and battery while driving· hit and run. (CO1lfimted on back /lap) ARCO PUBLISHING COMPANY, INC. New York 2 -". ~ ....- r KNOW YOUR LAW eRII,E, THE LAW, ANDYOo ROBERT A. FARMER ... ' ..... ~ " : t NCJRS () ACQUlSITlON$ New York "\ II ',.' . R 2 s r .. 'I', :..,. :"!It • , : !f A NCJRS , . Contents· lj 88898 U.S. Department of Justice National Institute of Justice ACQUISITIONS This document has been reproduced exactly as received from the person or organization originating it. Points of view or opinions stated in this document are those of the authors and do not necessarily 1. MURDER AND MANSLAUGHTER 3 represent the official position or policies of the National Institute of Justifiable and F.xcusable Homicide . .. Murder: Malice Justice. Aforethought . .. The Degrees of Murder . .. Homicide Permission to reproduce this copyrighted material has been in Self-Defense . .. Manslaughter granted by Areo Publishing Company II. SEXUAL CRIMES 15 Rape . .. Incest . .. Adultery . .. Fornication . .. Seduction . .. Abduction. .. Prostitution . .. Bigamy . .. to the National Criminal Justice Reference Service (NCJRS). Sodomy . .. Homosexual Crimes . .. Voyeurism . .. (/. Further reproduction outside of the NCJRS system requires permis­ Exhibitionism sion of the copyright owner. III. ABORTION, ASSAULT AND BATT.ERY, FALSE IMPRISONMENT KIDNAPING, SUICIDE 29 Abortion . .. Assault and Battery . .. False Puhlished by ARCO PUBLISHING COMPANY, Inc. Imprisonment . .. Kidnaping . .. SuiCide 219 Park Avenue South, New York, N.Y. 10003 IV. CRIMES AGAINST PROPERTY 41 Copyright © Areo Publishing Company, Inc., 1967 All Rights Reserved Larceny . .. Embezzlement . .. False Pretenses . .. No part of this book may be reproduced, by any means Robbery . .. Extortion and Blackmail . .. Receiving witho~t permissio~ in writing from the publisher, exce;t Stolen Property . .. Burglary . .. Arson by a reVlew:r who l~lshe~ to quote brief excerpts ill connectioll V. MINOR CRIMES 59 weth a review In a magazine or newspaper. Drunkenness . .. Malicious Mischief . .. Breach of the Library of Congress Catalog Card Number 67-11924 Peace . .. Fighting . .. Unlawful Assembly and Rioting Arco Catalog Number 1551 ... Carrying Dangerolls Weapons Printed in the United States of America o VI. MOTOR VEHICLE OFFENSES 70 Speeding . .. Driving while Intoxicated . .. Reckless Driving • .. Homicide while Driving . .. Assault and BattelY while Driving . Elit and Run . .. Trial of Motor Vehicle Offenses VII. DEFENSES TO CRIMES 83 Insanity . .. Intoxication. , . Mistake of Fact . .. Mis(ake of Law VIII. CONS"I:ITUTIONAL RlGl;lTS 99 Sources of the Rights of an Accused . .. Enforcement of the Rights of an Accused . .. Rights at Arrest 1 o .... '.; r 2 Contents IX. THE PRIVILEGE AGAINST SELF-INCRIMINATION 108 Exceptions . .. Mental Examination . .. Freedom from Unreasonable Searches and Seizures. , . Wiretapping ... Em;esdropping X. RIGHTS BEFORE AND AT THE TRIAL . 118 , 0 The Right tO,Bail ... Trial by lury ... The Right I. to.an Impartzallury . .. The Right to Confront o Witnesses . .. Freedom from Cruel and Unusual Punishments (I ,,'- INDEX ,\ 124 Murder and Manslaughter THE DEATH of a human being can be attributed to many causes. It can be natural, quiet death or it can be violent and accidental. Some deaths are caused by other people; some are brought about by the deceased himself. The law concerns itself only with the death of a person that results from the act of another persoQ.::. 30micide is the legal term de­ scribing such an act. This term merely defines the act; a homicide is not necessarily a crime. The first requirement of a homicide is that the death must result from the act of a person, and any instrumentality may be used to 'C I' effect it. Even a mortally ill or. injured person can be thel victim of a homicide if the fatal act causes death before it would have oc­ curred as a result of the illness or injury. _Criminal homicide can be separated into the categories of murder .' and manslaughter iboth of which will be discussed later in thIs chapter), but by no means are all acts falling within the definition of homicide punished by criminal law. There are certain killings that society does not consider a threat to its peace and well~being and hence does not punish. JUSTIFIABLE AND' EXCUSABLE HOMICIDE Noncriminal killings can be classified as either justifiable homi- ... eide.or. excusable homicide. •• .,. A justifiable homicide is one which is condoned or commanced by the state. The soldier firing at the enemy, the penitentiary execu­ tioner operating the electric chair~ the police officer shooting a fleeing criminal, the. storekeeper protecting his property from an armed 3 . " (" t ~'IJ '"" I 4 Crime, the Law) and YOU, Murder and Manslaughter 5 robber with a shotgun blast-all are committing homicides which robber may in the course of making his escape fatally shoot a the state either demands of them or deems permissible and lawful guard who stood in his way, and, even though he has no feelings at under the circumstances. all about his victim, he will still be found ~o have acted with Excusable homicides are killings which are not approved by law malice. The malice comes from his intent to commit the robbery re­ but which are in a sense forgiven and go unprosecuted. They lack gardless of the consequences to public safety, not from any personal the element of criminal intent, which is the basis upon which the enmity toward the guard, law distinguishes between criminal and noncriminal acts. Excusable TIle aforethought part of the definition means that the killer must acts are viewed as misfortunes, not as crimes. Among the homicides have conceived the murder at some time before the instant he com­ which are normally excusable are those committed by misadvel1- mitted it. The time may be weeks or only a second, but it must be ture~su~h as hunting accidents or unavoidable acts of self-dcfcnsc­ long enough for the law to conclude that the killer ha~ to some I, as well as those committed by children or the insane or others whom degree reached a decision to perpetrate the criminal act. By con­ t> the law does not hold fully responsible. sciously making the choice, and presumably understanding the rami­ Thus, th,e ,main difference between the two categories is that justi~ fications of what he is doing, the killer forms a criminal intent. A fiabl~ .homicides are acts that are essentially legal, while excusable malevolent act of will is the key to the crime of murder. The law honucides arc violations that would normally be illegal, but which normally presumes a malicious intent from the facts that the person the law does not see fit to prosecute. An historical Sidelight will knew what he was doing and that his action resulted in death. h~lp to show how this distinction came into existence, Under En­ Criminal law takes this concept a step further and presumes glIsh co~mon law, from which our law is derived) a man who killed malice aforethought if it finds that a killing was the product of a und~r . CIrcumstances that feU within what w~ now call a justifiable state of mind not specifically intent on callsing death, but callous to homICIde was not SUbject to forfeit his personal goods to the family the possibility or probCj,bility of the fatal consequences of the act. Of, the deceas_e~, .whereas he would have to pay blood money for an This presumed malice is applied to three primary types of cases; excusable hormcide even though