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
• Plaintiff – state of federal government
representing public at large
• Prosecutor – government accusing
person of a crime
• Defendant – person accused of crime
Classification of Crimes
• Felony – major crime, punishable by
imprisonment or death
• Misdemeanor – less serious crime,
punishable by fine or imprisonment
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
MOTIVE
• Plays no part in proving criminal liability
• Does establish a list of suspects
• Lack of motive doesn’t remove criminal
liability
Crime Groupings
• Crimes Against People
• Crimes Against Property
• Crimes Against Business Interests
Crimes Against People
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Murder
Manslaughter
Assault & Battery
Kidnapping
Sex Offenses
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
Crimes Against Property
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Burglary
Larceny
Embezzlement
Robbery
Arson
Crimes Against
Business Interests
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Larceny by False Pretenses
Forgery
Bribery & Extortion
Computer Crimes
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
Sentencing Convicted Criminals
Judge decides on penalty
• Fines – payments as penalty
• Imprisonment –
• Indefinite minimum and maximum time
lessened by good behavior)
• Definite number of years
(can be
• (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