Chapter 4
Criminal Law & Procedure
CLASSIFICATIONS OF CRIMES
• In a criminal proceeding the state or federal
government, representing the public at large, is
the plaintiff.
A crime is defined by 3 elements:
1. Duty to do or not to do a certain thing
2. Performed an act or omission in violation of
that duty
3. the required state of mind/criminal intent
CRIMINAL ACT
• Each state statute that defines a crime must
specifically explain the conduct that is
forbidden by that statute.
• The statute can also make failure to act.
Criminal Intent
• The state of mind is specified in the statute that
defines the crime.
• A statute defining murder forbids the intentional
taking of a person’s life. In such a statute the
required mental state is intent.
• A statute defining manslaughter outlaws the
accidental taking of a person’s life through
negligence.
• Notice that in both statutes the criminal act is the
same, but the required state of mind changes.
Criminal Intent
• Intent for corporations
▫ Can a corporation form criminal intent the way
humans do? YES
▫ When a corporate employee commits a crime, can
officers be held criminally responsible? YES
• Intent and age
▫ Under 7 considered incapable of forming criminal
intent (according to common law)
▫ Over 14 was capable. 7-14 had to be proved.
MOTIVE
• The prosecution does not need to prove that
the alleged criminal had a motive to commit the
crime.
• A motive can help establish a list of
suspects.
FELONIES
• Punishable by imprisonment or death
• Examples:

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
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Murder
Manslaughter
Burglary
Robbery
Arson
MISDEMEANORS
• Less severe crime with a less severe punishment
• Examples:
 Driving without a license
 Lying about ones age to purchase alcohol
 Leaving the scene of a car accident
Crimes can be grouped under 8
headings:
1.
2.
3.
4.
5.
6.
7.
8.
people
property
business interests
Decency
Consumers
Realty
Public peace and order
Government and administration of justice
CRIMES AGAINST PEOPLE
• Murder▫ Unlawful killing of another human being
• Malice aforethought▫ evil intent before the murder took place
Manslaughter
• Unlawful killing without malice aforethought
• Voluntary occurs when one person intends to kill
another but does so suddenly.
• Involuntary manslaughter occurs when one
person, while committing an unlawful act, kills
another.
Assault and Battery
• Unlawful touching of another.
• Assault is the attempt to commit battery.
Kidnapping
• Unlawful removal or restraint of a person
against their will.
• Distance involved does not matter.
Burglary
• Common law said that this is defined as the
breaking and entering of a dwelling house
at night with the intent to commit a
felony.
• Today states have passed statutes covering other
kinds of breaking and entering.
• Includes:
▫ Breaking in during the daytime
▫ A place that is not a dwelling house
▫ Intent to commit a misdemeanor
Larceny
• Unlawful taking and carrying away of personal
property of another with the intent to deprive
the owner
• Can be a misdemeanor or felony
Embezzlement
• Wrongful taking away of another’s property by a
person who has been entrusted with that
property
Robbery
• Wrongful taking and carrying away of personal
property of another accompanied by violence or
threats.
• The penalty for robbery is greater than for
larceny.
Arson
• Common law says the willful and malicious
burning of the dwelling house of another.
• Today arson is the willful and malicious burning
of a house or other building.
Vandalism
• Called malicious mischief or criminal damaging
• Vandals have to pay the cost or provide the work
needed to restore the damaged property
• Parents have liability from $300-$2,000
Crimes against Business Interests
• Crimes that involve business interests are often
called white-collar crimes.
• These crimes usually involve some sort of fraud
or deceit and are nonviolent.
Larceny by False Pretenses
• Taking of someone’s money or property by
intentionally deceiving that person is known as
larceny by false pretenses, or fraud.
• The false statements that are made must be
intended to mislead, or defraud the victim.
The statements must also induce the victim to
rely on them.
Forgery
• Making or changing of writing with the intent to
defraud.
• For there to be a crime in these circumstances
there must be an intent to defraud or
deceive. The forged item must also have
legal effect.
Bribery and Extortion
• It is illegal to give or pay anything to government
officials in order to influence their official
activity.
• The person accepting the bribe may be
disqualified from holding a federal office.
• It is not a defense to bribery that the intended
receiver of the bribe rejected it.
• Extortion under common law is the unjust
taking of money or a thing of value by a public
official.
Computer Crimes
• Whenever new technology is invented the law
must make certain adjustments to
accommodate that new technology.