| CRIME | a positive or negative act in
violation of penal law; an offense against the State. |
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Types of Crimes |
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| TREASON | The most serious crime. | ||
| FELONY | A crime of a graver nature or more atrocious nature than those designated as misdemeanors. | Generally it is an offense punishable by death or imprisonment in the penitentiary for more than three years. | At common law there were nine (9) felonies: murder, rape, manslaughter, robbery, sodomy, larceny, arson, mayhem and burglary. |
| MISDEMEANOR | An offense lower than a felony. Generally it is punishable by fine or imprisonment less than three years. (Common law - one year) | ||
| PETTY OFFENSE | Minor violations | ||
Elements of a Crime |
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| ACTUS REUS | An act or omission (failure to act when there is an obligation). | ||
| MENS REA | Guilty mind or intent (specific or general). | ||
| Defenses to mental state: | |||
| MINORS | A child is not criminally responsible for his/her acts if he/s e is of such a tender age as to be incapable of distinguishing between right and wrong. (i.e. lacks intent) | Common
Law Rules: |
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| INSANE PERSONS | Criminal intent is a necessary element of most crimes. A person who is criminally insane cannot entertain the criminal intent and must be acquitted. | 1.
M'Naughten Rule |
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| INTOXICATION | Drugs & Alcohol | 1. Voluntary Intoxication
is no defense to a criminal prosecution unless the crime requires specific intent and then
it only lowers the degree. 2. Involuntary Intoxication is a defense if the criminal meets the mental illness (insanity) test. |
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PERSONAL OFFENSES |
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| Felonious Homicide MURDER is the unlawful killing of a human being with malice and forethought. | First Degree is all murder perpetrated by any kind of willful, deliberate and premeditated killing. |
| Second Degree is murder with malice but without deliberation or premeditation (lack of sufficient amount of time to form the purpose to kill). | |
| Felonious Homicide MANSLAUGHTER is homicide without justification, excuse, malice, or forethought. | Voluntary Manslaughter is intentional homicide committed in passion or heat of blood caused by reasonable provocation. |
| Involuntary Manslaughter is homicide committed unintentionally but without excuse and not under such circumstances as to raise the implication of malice. | |
| Felony Murder | Any death caused during the commission of a felony is first degree murder. |
| ASSAULT | See Torts. |
| BATTERY | See Torts. |
| FALSE IMPRISONMENT | (kidnapping) |
| MAYHEM | Common Law -Maiming or dismembering of a man such that he could not serve in the King's army. |
| RAPE | The unlawful carnal knowledge of a woman without her consent. |
| STATUTORY RAPE | The unlawful carnal knowledge of a woman who is under the lawful age of consent. |
| SODOMY | Various types of sex acts considered to be unlawful. i.e. bestiality, adultery, fornication, etc.) |
PROPERTY OFFENSES |
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| LARCENY (Theft) | The trespassory taking and carrying away of the personal property of another with the intent to deprive the owner of it permanently. |
| ROBBERY | Larceny from one's PERSON by violence or intimidation. |
| EMBEZZLEMENT | The fraudulent appropriation of the personal property of another by one who has possession of the property and into whose hands the property has been lawfully placed. |
| FALSE PRETENSES | Exists when a person obtains both possession and title by fraud. |
| RECEIVING STOLEN GOODS | Knew or
should have known that the goods were stolen. Need not know the identity of the owner or thief. |
HABITATION OFFENSES |
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| BURGLARY | The breaking and entering of the dwelling house of another in the nighttime with the intent to commit a felony therein. |
| ARSON | The intentional burning of the dwelling house of another. |
WHITE COLLAR CRIME |
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| FORGERY | The false making or material alteration (with the intent to defraud) of any writing which, if genuine, might apparently be of legal efficacy or the foundation of legal liability. |
| UTTERING | Means to "put out" or "pass off." It is placing a forged writing into circulation knowing of the falsity of the instrument with the intent to injure another. |
| MAIL FRAUD | Mailing or causing
someone else to mail a writing AND complicated organized scheme to defraud by false pretenses. |
| BRIBERY | Requires: Intent to Bribe and Tendering the bribe |
| BANKRUPTCY FRAUD | False Claims,Fraudulent Transfers, and Scam Bankruptcies are all types of bankruptcy fraud. Bankruptcy is studied in Business Law II. |
| COMPUTER CRIMES | Causes legal
problems because of the intangible aspects of the programs. Types of computer
crimes include: Financial Crimes Property Theft Vandalism and Destructive Programming Theft of data or services |
| CORPORATE CRIME | Because the corporation is an intangible being proving the intent to commit a crime is a problem. However, under certain circumstances the Board of Directors may be held liable. |
| ORGANIZED
CRIME CONTROL ACT Includes Racketeer Influenced an Corrupt Organization Act (RICO). |
CIVIL RICO Civil damages including divestiture or dissolution Possible treble damages plus attorney's fees |
| CRIMINAL RICO FEDERAL CRIME TO: Use income from racketeering to purchase an interest in an enterprise or To acquire or maintain an interest in an enterprise via racketeering activity or To conduct or participate in affairs of an enterprise through racketeering or To conspire to do any of the above. PENALTIES: Up to $25,000 per violation and/or Up to 20 years imprisonment |
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INCHOATE OFFENSES |
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| SOLICITATION | The request to another that he/she commit a crime. |
| CONSPIRACY | A combination of two or more persons for the purpose of committing an unlawful act (crime). |
| ATTEMPT | An effort "beyond mere preparation" whereby the defendant tries to commit a crime but fails. One cannot commit both the crime and the attempt. Either he/she was successful in committing the crime or not. |
Defenses to Crimes |
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| JUSTIFIABLE USE OF FORCE | Self-defense |
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| Person without fault vs. person with fault | Deadly vs. Nondeadly One may use whatever force is necessary to repel the aggressor. |
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Defense of Others |
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| Deadly Same as above. |
Nondeadly Same as above. |
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Defense of Dwelling |
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| Deadly Only when people are present (Self-defense.) |
Nondeadly Anytime |
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Defense
of property |
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| Deadly One may never use deadly force to protect personal property when not present. |
Nondeadly Anytime |
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| DURESS | Know 4 requirements | Exception: Murder | |
| CONSENT | Defense: Where lack of consent is an element of the crime. example:rape |
No defense: Where consent is not an element of the crime. Offense against society not against the victim. Therefore, victim's consent is irrelevant. |
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| CONDONATION | Forgiveness of the victim is not a defense. This is an offense against society. Therefore, the victim's forgiveness is irelevant. | ||
| MISTAKE | Mistake of Law: Not a defense. Exception: Law was not published or reasonably made known to the public or Defendant relied upon an official statement of law that was erroneous. |
Mistake of Fact: May be a defense if it negates mental state. |
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| ENTRAPMENT | Requires: Law enforcement Suggestion and inducement |
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| STATUTE OF LIMITATIONS |
Different
time periods depending on the crime. Some crimes have no Statute of Limitations. Example: Murder |
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| IMMUNITY | Complete or Partial based on information provided to the prosecution. | ||
PARTIES TO A
CRIME |
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| PRINCIPAL | A person directly implicated in the act. | |
| ACCESSORIES | A person who offers indirect support to the criminal before, during and/or after the crime. | |
| Accessories before the fact. | Accessories after the fact. | |
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| 09/26/04 01:01 PM | ||