Chapter 2
Personal and Business Law
Spirit of the Law

When people commit crimes, they harm
not only individuals, but also society as a
whole.

Crime – is an act against the public good,
punishable by a fine, imprisonment, or
both.
* Act cannot be considered a crime unless it
is prohibited by law.
Classifications of Crimes
– the party that accuses the
person of a crime.
 Plaintiff
○ Criminal proceeding = state or federal
gov’t
○ State or federal gov’t represents public
at large
– The person who is
accused of a crime.
 Defendant
Classifications of Crimes
– is a major crime punishable
by imprisonment or death.
 Felony
 Murder
 Manslaughter
 Burglary
 Robbery
 Arson
 “High Misdemeanors” – New Jersey
Classifications of Crimes

Misdemeanor – a less serious crime with a
less severe penalty.
 Requires a punishment (fine or imprisonment)
 If imprisoned, you are held in county or city jail

Examples of Misdemeanors
 Driving without a license
 Lying about one’s age to purchase alcohol or
tobacco
 Hit and Run

Minor Misdemeanors
Elements of a Crime
 A crime
1)
2)

is defined by 2 elements:
The criminal act
The required state of mind
Explanations of these two elements
may be different in different states.
Criminal Act

Each statute that defines a crime must
specifically explain the conduct that is
forbidden by that statute.

Some criminal law statutes make failure to
act a crime. (Draft)

An act must also involve voluntary conduct.
 Involuntary actions not considered criminal
 Person’s status/condition not considered criminal
Required State of Mind
 The
required state of mind is specified
in the statute that defines the crime.
 Murder vs. Involuntary Manslaughter
(p. 23)
 What is the criminal act?
 What are the two different required state
of minds?
Motive

Motive actually plays no part in proving
criminal liability.

May help establish a list of suspects, but the
lack of motive does not remove criminal
liability.
Committed Criminal Act
+
Required State of Mind
=
Criminally Liable
Homicide – Murder - Manslaughter

Homicide – is the killing of one human being
by another.
 Justifiable homicide
 Excusable homicide

Murder – the unlawful killing of another
human being with malice aforethought.

Manslaughter – the unlawful killing of
another human being without malice
aforethought.
Homicide - Murder
 Evil
intent before murder takes place
 1st Degree:
1) Intent/Plan to kill (premeditation)
2) Kill in a cruel way, such as torture
3) Done while committing another felony
4) Death penalty
 2nd
Degree:
1) Does not satisfy any of these
2) No death penalty
Homicide - Manslaughter
 No
evil intent
 Two Types of Manslaughter:
1) Voluntary (intends and does so under
great personal distress) (pp. 24-25)
2) Involuntary (kill another when
committing an unlawful or reckless act)
 Vehicular
Homicide - Manslaughter
 Negligence as a driver
 Breaking the law while driving
 Someone dies as a result of your actions
Assault & Battery

Battery is unlawful touching of another
 Needs criminal intent or reckless behavior
 Forced upon someone else, not welcomed
 Forceful use of hand, knife, or gun

Assault is the attempt to commit battery
Simple A/B: generally misdemeanors
 Aggravated A/B: felonies in most states

 What makes it an aggravated offense?
Burglary
Crimes Against
Property
The breaking (opening) and entering of
a dwelling house at night with the intent
to commit a felony.
 Additional statutes include:

 Daytime
 Not a dwelling place
 Intent to commit misdemeanor
Larceny
Crimes Against
Property

The unlawful taking and carrying away of
personal property of another with the intent
to deprive the owner of it.

It is the legal term for stealing
 Petty larceny – misdemeanor (<$300)
 Grand larceny – felony (>$300)

Charge depends on severity of amount and
what state you are in
Embezzlement

Crimes Against
Property
Stealing someone’s property while you
are entrusted to maintain it
 Example 4, Page 27

Robbery – the wrongful taking and
carrying away of the personal property
of another accompanied by violence or
threats.
 Difference between larceny and robbery
Arson & Vandalism

Crimes Against
Property
Arson
 Willful
 Malicious
 Burning! (Flames, not scorched or charring)

Vandalism
 Willfully damaging or defacing private or
public property
 http://en.wikipedia.org/wiki/Vandalism#Vand
alism_as_crime
White Collar Crimes
BusinessRelated
Crimes

White collar – business, traditional
formal wear for men is white collar

Fraud-related crimes, NOT VIOLENT

Forgery- the making or changing of a
writing with the intent to defraud.
 Must have a LEGAL impact (such as a
contract, legally binding)
Other Crimes

BusinessRelated
Crimes
Counterfeiting - making of false money
that appears to be genuine
 Possessing machinery for it is also a crime!

Bribery v. Extortion v. Blackmail – see
handout