Criminal Law
FALL 2011
Part I. Introduction to Criminal Law
Commonality of Crime
 All crime requires a
guilty state of mind->
Which means the
prohibited act was done
intentionally or willfully.
Scenario:
 1. Amy forgets to turn off
the stove and a fire starts
in her apartment and
spreads throughout the
building.
 Does Amy have a guilty
state of mind?
**A guilty state of mind is NOT motive.**
Motive refers to the reason behind a crime not the
level of awareness.
Motive for murder could be revenge, to obtain
property, intimidation, etc.
Defining a Crime
 All crime is composed of specific elements
 Elements must be proven at a trial for a guilty verdict
*For example, robbery is defined by the following elements:
1.) the taking and carrying away of goods or money, 2.) the
taking from someone’s person, and 3.) use of force or
intimidation.
Scenario: Someone breaks into your home when you are
not there and takes your property. Can they be
convicted of robbery? Why or why not?
No!
* If you answered no you are correct. Robbery
specifically refers to taking property from a person. If
you are not home then they are not taking from a
person but from the empty house. This crime would
be classified as burglary.
Classes of crimes
*Misdemeanor: any crime for which the potential
penalty is imprisonment for one year or less.
*Felony: a crime for which the potential penalty is
imprisonment for more than a year.
Has crime increased or decreased in NC this past
decade? Higher or lower than other places?
Crime statistics NC 1960-2010
New York State crime stats
Japan Crime Stats
Parties to Crimes
 Principal
 Accomplice
 Accessory before the fact
 Accessory after the fact
* The principal and
accomplice may be
charged and convicted of
the same crime.
Go to page 103 and
complete Problem 8.2
Al Capone video clip
Problem 8.2
 How will each of the following people be charged?
Jeb, Marci, Carl, Shawn
Jeb- principal
Marci-accomplice
Carl- accessory before the crime
Shawn- accessory after the crime
Preliminary Crimes
*Solicitation: to ask, command, or advise another person to commit a crime.
*Even if the person you are trying to solicit does not agree to commit the crime,
you can still be charged with solicitation.
*Attempt: someone performs all of the elements of a crime but fails to achieve the
criminal result.
*Conspiracy: an agreement between two or more persons to commit a crime.
Allows police to arrest someone before a crime has happened.
Go to page 105, read the section on Conspiracy, and answer the following
question: Why do some people argue that conspiracy charges violate First
Amendment rights?
Part I Review
Write the questions and answers in your journal
for Journal #17
 What does it mean to have a guilty state of mind?
 What are the elements of a crime? For example?
 What is the sentencing difference between a
misdemeanor and a felony?
 What are the 4 roles of people involved in a crime?
 What does a preliminary crime refer to? For example?
Part II. Crimes against the Person
 The major crimes against the person are homicide,
suicide, child abuse, assault, and rape.
 Various levels exist
 Punishment varies depending on the level of the
crime and the state where the crime was committed.
Homicide Notes
 May be either criminal or noncriminal
 Criminal if the homicide occurs due to reckless
actions
 Noncriminal if the homicide is “excusable” or
“justifiable” . For example: killing an enemy soldier
in wartime, death penalty, self-defense, and when a
police officer kills an individual committing a crime.
Criminal Homicide
 First degree
 Please go to page 108
and define each type of
homicide.
 Felony murder
 Second-degree
 Voluntary manslaughter
 Involuntary
manslaughter
 Negligent homicide
 Be able to identify
examples of each.
 Recent North Carolina
stats:
 2009: 487 homicides
 2010: 468
 Change: -4%

http://www.ncdoj.gov/getdoc/85af28c4-333e4b6c-9ee3-fe30db2a34bf/2010-Crime-StatisticsAnnual-Summary.aspx
Homicide Scenarios
1.
A 22 year old is driving his speed boat at Falls Lake. He has been
drinking and his vision is slightly impaired. He collides head on with
a jet ski and kills the driver.
2.
Two individuals get into a fight outside of a NHL game. Bystanders
try to break up the fight but it continues. One of the men beats the
other man unconscious. The victim eventually dies later at the
hospital.
3.
An intruder breaks into a home in the middle of the night to steal
property. He ends up getting in an altercation with the homeowner
and fatally wounds him.
Suicide
 The deliberate taking of
one’s own life.
 Historically considered a
crime
 Some states today
consider attempted
suicide a crime
 If you help a person
commit suicide that is a
crime
The CDC reports that on
a average a high school
student succeeds in
killing himself or herself
every 15 seconds.
Suicide PSA
Suicide Statistics NC
I will open up a document which shows information regarding
suicide in North Carolina. Please get the following information
from the graphs:
1.
What was the gender and ethnicity of the group with the
highest suicide rates?
2.
Which age group had the highest suicide rates? Why do you
think?
3.
What method was most used in NC to commit suicide?
4.
What method was most used in the US to commit suicide?
5.
How does North Carolina compare to the United States in
terms of method used to commit suicide? Be specific.
Assault and Battery
 Assault: attempt or threat to carry out a physical attack
upon another person
* Generally is between two people who know each other.
 Battery: any unlawful physical contact inflicted by one
person upon another person without consent.
*Not much difference today in the law or practice between
these two terms*
*Intent matters, not actual injury*
*Stalking and sexual assault fall under this topic*
Rape
 Sexual intercourse
without consent.
 If a weapon is used it
becomes aggravated
rape.
 Statutory rape:
intercourse between an
adult and minor. Some
states consider a female
under age at 12 and some
at 16.
*Punishment depends on
the victims age, mental
condition, or use of a
weapon.
Statutory Rape Laws in NC


North Carolina
§ 14-27. 2 et seq.
 First-degree rape is sexual

These crimes are felonies subject to the
structured sentencing law with
minimums and maximums depending
on aggravating and mitigating factors
and the offender’s prior record

Mitigating factors: factors that suggest
a less severe punishment is appropriate

Aggravating factors: factors that
suggest a more severe punishment is
appropriate

Statutory Rape Laws by State
intercourse with a victim under
age 13 when the actor is at least
age 12 and at least four years
older.
 Statutory rape or sexual offense
of person age 13, 14, or 15 is
intercourse with someone age
13, 14, or 15 when the actor is
(1) at least six years older and
(2) between four and six years
older.
**Take notes on this information**
Part III. Crimes Against Property
Chapter 10
Crimes against property
include:
Arson
Vandalism
Larceny
Embezzlement
Robbery
Extortion
Burglary
Forgery
Receiving Stolen Property
***Cybercrime
**Identity theft
*Be able to define each of
the vocabulary words
Robbery vs. Burglary vs. Larceny
 Robbery: involves taking property from a person
and it MUST involve both 1.) theft of property AND
2.) actual or potential physical harm to the victim
*Main difference between larceny and robbery is the
use of force*
*Robbery is almost always a felony
1960- 107,80
2010- 367,832
Peak of robbery occurred between 1990 to 1994 with
roughly 650,000 robberies reported per year.
Robbery vs. Larceny vs. Burglary
 Burglary: definition has been broadened to include the
unauthorized entry into any structure with the intent to commit a
crime, regardless of the time of day. * Sometimes penalties stiffer
for burglaries committed at night and/or with a weapon.
 Larceny: crime against possession
**Elements: 1.) possession vs. custody, 2.)taking control of the
property, 3.)take the property away, 4.)tangible personal property,
5.)of another, 6.) without consent
 Grand Larceny (in NC “felonious larceny”)- larceny in the amount of
$400 or more .*NY more than $1000, in Virginia as low as $5 if
taken from a person or $200 if not taken from a person
Computer Crime
 A computer is used to
 Some acts you need to be
commit the prohibited
act
 Identity theft, fake id,
pornography, spreading
viruses, bullying, copying
software
 Punishment for
computer crimes varyrehab vs. jail time and
fine.
familiar with:
 Children’s Internet
Protection Act
 Computer Fraud and
Abuse Act, 1986
 National Information
Infrastructure Act of
1996
Computer Crimes
 Cyberbullying: when someone repeatedly harasses,
mistreats, or makes fun of another person online or while
using cell phones or other electronic devices.

http://www.cyberbullying.us/research.php
 Davis vs. Monroe County Board of Education
Cyberbullying in North Carolina
 As of 2009 NC was one of 19 states to have cyberbullying laws
 "An Act Protecting Children of this State by Making Cyber-Bullying A
Criminal Offense Punishable as a Misdemeanor." N.C. Gen. Stat. §14458.1.
 Addresses students as well as adult
 Two punishable adult actions: 1.) pretending to be a minor online,
2.)posting private, personal, or sexual information about a minor online
 Cyberbullying punishable as a Class 1 or 2 Misdemeanor
 Critics argue that law is too broad and stifles freedom of speech

http://www.unc.edu/courses/2010spring/law/357c/001/Cyberbully/state.html
Textbook Problems
 Make sure Chapter 9 problems 9.1 and 9.2 are
completed
 Chapter 10 problems 10.3 and 10.4
 As well as the sheet titled “Comparing Criminal
Justice Data” from November 3
 Turn them all in when you are done. If they are one
separate sheets of paper please staple them together.