FSS 220 – Fire &
Emergency Services Law
Chapter 5
Criminal Law
Objectives



Distinguish between violations of civil and
criminal law.
Distinguish between felonies and
misdemeanors.
Identify three elements that make up a
crime.
2
Objectives


Explain when an omission can give rise to
criminal liability.
Identify the four criminal mental states.
3
Objectives

Identify elements for the following
crimes:

First-degree murder, second-degree murder,
voluntary manslaughter, involuntary
manslaughter, battery, assault, sexual
assault, rape and child molestation
4
Objectives

Identify elements for the following crimes:


Larceny, robbery, obtaining money under
false pretenses, extortion, embezzlement,
burglary, false imprisonment, kidnapping,
RICO
Arson
5
Criminal versus Civil Law

What is the difference between criminal
law and civil law?
6
Criminal versus Civil Law
Criminal Law
Civil
Law
Brought By
Government
Party who has
been wronged
Burden of Proof
Beyond a
reasonable doubt
More likely than
not
Penalty
Jail, probation, fine
or restitution
Money damages
or a court order
7
Crime

Criminal Conduct



Common Law crimes
Statutory crimes
Violation of a law is not criminal unless the
law declares that it is criminal
8
Federal versus State
Jurisdiction


Federal jurisdiction is limited by
Constitution
States have broad criminal jurisdiction
9
Reasons for Criminal
Punishment

Deterrence



Deter this person
Deter others
Protect society from wrong-doer through
incarceration
10
Reasons for Criminal
Punishment

Vindication of victim and society



Satisfies innate need for justice
Avoids temptation of people toward
vigilanteism
Helps maintain order
11
Felonies and Misdemeanors

Felonies are more serious offenses

Punishable by more than one year in jail


Some jurisdictions say that crimes with fines in
excess of $500 or $1,000 are felonies
Misdemeanors are less serious

Punishable by one year or less in jail
12
Crimes


Defined by statutes and/or case law
Made up of elements



Act
Mental State
Attendant Circumstances
13
Act


The Act requirement can be satisfied by
either an affirmative act or an omission
Affirmative act



Drive a car
Shoot a gun
Set a fire
14
Act

An omission is the failure to act when
under a legal duty to act



Failure of lifeguard to assist swimmer in
distress
On duty FF fails to assist person in distress
Commonwealth v. Levesque, 436 Mass.
443 (2002)
15
Act

Act or omission must be a voluntary act




Driving a car
Shooting a gun
Parent not feeding infant to punish for crying
An involuntary act cannot be basis for
criminal liability
16
Mental State

Also called criminal intent

Ambiguous term
17
Mental State

Four criminal mental states (Model Penal
Code)




Purposeful
Knowing
Reckless
Negligent
18
Purposeful

Conscious desire to engage in certain
conduct or cause a certain result
19
Knowing

Knowledge that conduct will produce a
certain result
20
Reckless


Consciously disregards a known and
substantial unjustifiable risk of harm
Disregarding risk to the degree that it
constitutes a gross deviation from
standard conduct
21
Reckless

Depraved heart recklessness


Person acted with a depraved heart
Most common example:

Person who plays Russian Roulette
22
Negligent

Someone who should be aware of a
substantial and unjustifiable risk involving
a gross deviation from the reasonable
prudent person standard
23
Strict Liability

Most crimes require proof of a culpable
mental state


Model Penal Code definitions
Some relatively minor crimes do not


Referred to as Strict Liability Crimes
Common with regard to regulatory offenses
24
Attendant Circumstances


Other fact must exist
Example

Convicted of assault on a uniformed officer

Officer must be in uniform
25
Homicide

Includes two basic crimes
1.
2.
Murder
Manslaughter
26
Murder

Killing with malice aforethought


ACT: Killing or causing death
MENTAL STATE: Malice aforethought
 Purposeful
 Knowing
 Recklessness indicating depraved heart
27
Murder

First-Degree Murder



Premeditated murder
Unintended death of someone during the
commission of a felony (Felony Murder)
Second-Degree Murder

Any murder not first degree
28
Manslaughter

Voluntary Manslaughter

Intentional killing in the heat of passion as a
result of severe provocation
29
Manslaughter

Involuntary Manslaughter


Death resulting from reckless (or in some
states negligent) conduct of defendant
Unintentional killing

Actor is still legally responsible
30
Coconut Grove Fire, Boston, MA




November 28, 1942
Popular nightclub, capacity of 600
Over 1,000 people in club
Exit doors welded shut
31
Coconut Grove Fire, Boston, MA




Exit doors opened inward
Highly combustible furnishings
Accidental fire started by busboy
492 people died
32
Coconut Grove Fire, Boston,
MA


Massachusetts indicted club owner
Defendant was convicted of involuntary
manslaughter

See: Commonwealth v. Welansky
Massachusetts Supreme Judicial Court, 316
Mass. 383 (1944)
33
Battery

Unpermitted offensive touching of another





Punches
Slaps
Poking with a finger
Spitting
Touching
34
Battery

A person can consent to being touched



Thus consent is a defense to battery charges
Consent must be knowing and voluntary
Consent may be implied
35
Battery and Emergency
Responders


Medical treatment involves touching
Consent can be implied from the
circumstances



Person calls for rescue/EMS assistance
Person is ill or injured and does not object to
treatment
Consent may be withdrawn or limited
36
Battery and Consent

Consent induced by fraud, deceit, or
misrepresentations is not valid


Example: Person pretends to be a doctor and
is allowed to examine and treat a person
Person can be charged with battery

Victims consent was obtained through fraud
37
Battery and Consent

Implied consent is limited by
circumstances

Consent to contact by participating in a
football game

Does not include being punched in face by
opposing player on sidelines
38
Assault



Placing another in immediate physical
harm
Some jurisdictions say it is an attempted
battery that is unsuccessful
Consent rules apply to assault
39
False Imprisonment


Unlawful restraint upon a person’s
freedom and ability to come and go
Also called false arrest

Some authorities say false arrest is one type
of false imprisonment
40
Kidnapping

Use of force (or threat of force) in taking
someone from one place to another

At common law, movement of the victim
across a boundary was required
41
Kidnapping

Modern statutes


Forcibly or secretly confining someone against
their will
Forcibly carry or send someone out of the
state
42
Rape

Common Law


Sexual intercourse without other’s consent
Modern trend



Expanded definition of via sexual assault with
degrees
First-degree sexual assault
Second-degree, etc.
43
Larceny

Common Law


Taking and transporting of property with
intent to permanently deprive
From common-law crime of larceny

Now a broad range of theft crimes
44
Theft Crimes vary State to State

Many states

Over $500 considered grand larceny


Felony
Under $500
Petty larceny
 Misdemeanor

45
Larceny and Theft Crimes




Stealing
Receiving stolen goods
Embezzlement
Obtaining money under false pretenses
46
Robbery


Larceny through use of force or threatened
use of force
Taking money or other personal property

By means of force or use of fear
47
Extortion

Obtaining money or property

Requiring someone to do something they are
not legally required to do

By means of a threat not sufficient to constitute
robbery
48
Extortion

Threats necessary for extortion




Future bodily injury, damage to property
Accusing another of a crime
Reveal information about the victim
Threatening to report someone if they do
not do something
49
Burglary

Common Law

Breaking and entering at night of an occupied
dwelling of another with intent to commit a
felony
50
Burglary

Most states have statutory offenses to
address loopholes in common law

Breaking and entering (B&E)
Of dwelling (to cover daytime breaks)
 Of other buildings
 Of dwelling while possessing instruments related to
wrongful setting of fires

51
Arson

Common Law Definition


Willful and malicious burning of the dwelling
of another
Common law crime had many loopholes
52
Arson


All states now have comprehensive arson
laws
Commonly create degrees of arson

See Appendix B – Chapter 5
53
RICO

Racketeer Influenced and Corrupt
Organizations Act


Both civil and criminal aspects
Both state and federal governments have
adopted RICO laws
54
RICO

Illegal for a person to engage in a
racketeering activity through the use of an
organization


To receive profits from such an organization
To participate in operation of such an
organization
55
RICO

Federal RICO requires commission of any
two or more racketeering activities
56
Summary




Criminal law
Three types of elements
Criminal mental states
Criminal offenses
57