Criminal Law

Ch. 3
What is a crime?

Crime- an act against the public good

Plantiff- state or federal government representing the
public at large

Prosecutor- government attorney who present case in
court against the person accused


Defendant- Person accused
Classifications of crime

Felony- major crime punishable by imprisonment or
death

Misdemeanor- less serious crime penalized by a fine or
brief imprisonment in a county or city jail

State Criminal Law

Each
state government has inherent police power, allowing
it to make statutes to protect the public health, safety,
welfare and morals
Crimal law

Federal Criminal Law

Has
no police power
Federal
government able to create criminal statutes only in
areas over which it has jurisdiction
Treason- the crime of betraying one's country, especially by
attempting to kill the sovereign or overthrow the government
Double Jeopardy-No person can be tried twice for the
same crime according to the 5th amendment
Elements of Crime

A crime is defined by two elements: Criminal act and
the required state of mind

A criminal act must involve voluntary conduct, a
person cannot be accused of a crime if that accusation is
based on one’s physical or mental status condition

State of mind

A crime changes depending on the state of mind of the
person committing the act

Defenses to Crime

Most common defenses include insanity, entrapment,
self-defense and defense of family members

Insanity-People cannot be held responsible for their
actions if they do not know what they are doing

Entrapment- law enforcement officer induces a law
abiding citizen to commit a crime the person can use a
defense called entrapment (officer provokes you to do
something

Defenses to Crime

Self-defense- when people have a good reason to
believe they are in danger of serious injury or death,
they can use force to protect themselves

Defense of family members- most statues will not
punish someone for using someone for using force to
rescue a family member from attack

Particular Crimes

Murder-is a unlawful killing of another human with
malice aforethought, which means the killer had evil
intent.

Manslaughter- The unlawful killing of another human
being with out malice aforethought

Particular Crimes


Battery- unlawful touching of another
It
also may be committed by giving poison or drugs to an
unsuspecting victim, spitting in someone's face, commanding a
dog to attack someone or kissing someone who doesn’t want to
be kissed
Assault- is an attempt to commit battery, pointing or
shooting a gun at someone is an assault, if bullet strikes
someone it is battery

Particular Crimes


Battery- unlawful touching of another
It
also may be committed by giving poison or drugs to an
unsuspecting victim, spitting in someone's face, commanding a
dog to attack someone or kissing someone who doesn’t want to
be kissed
Assault- is an attempt to commit battery, pointing or
shooting a gun at someone is an assault, if bullet strikes
someone it is battery

Kidnapping- unlawful removal or restraint of a person
against his or her will

Particular Crimes


Battery- unlawful touching of another
It
also may be committed by giving poison or drugs to an
unsuspecting victim, spitting in someone's face, commanding a
dog to attack someone or kissing someone who doesn’t want to
be kissed
Assault- is an attempt to commit battery, pointing or
shooting a gun at someone is an assault, if bullet strikes
someone it is battery

Kidnapping- unlawful removal or restraint of a person
against his or her will

Crimes against Property
Burglary- breaking and entering of a dwelling house at
night with the intent to commit felony.

EX.5

Larceny- unlawful taking and carrying away of the
personal property of another with the intent to deprive
the owner of the property (Stealing)

Embezzlement- wrongful taking of another’s property
by a person who has been entrusted with that property
ex6

Robbery- wrongful taking and carrying away of the
personal property of another through violence or
threats is the crime EX7
Crimes against Property

Arson- willful and malicious burning of the dwelling
house of another

Vandalism- willful or malicious damage to property
and may also be called malicious mischief or criminal
damaging

Shoplifting- stealing goods from a store

Crimes Involving Controlled
Substances

Drugs

The sale of drugs is always considered a more serious
crime than the mere possession or use of drugs


Computer Crimes
Computer Fraud and Abuse Act are specifically aimed
at hackers
