Criminal Trial Elements and levels of law
Prosecution
I. Prosecutor- has to prove all elements of the crime
II.General elements
III.
Actus Reus- guilty act
IV.
Mens Reus- guilty mind (did it on purpose)
V.
Motive (reasons as to why)
VI.
Criminal Trial elements (DA/Prosecution)
VII.
Motive- Reason why;owes money, stole girlfriend
VIII.
Opportunity-Timing/presence;in another state or building at time of death
IX.
Means- How ability; small person strangles someone, doesn't have a gun
Parties to a Crime
I. Principal- Person or persons; directly involved, community crime
II.Accomplices- There at scene but no direct interaction with victims or items
III.
Accessory Before- Know of crime;aid before but not present during crime
IV.
Accessory After- Know of crime after;aid in hiding crime
Laws and Elements
I. Misdemeanors- in jail for less than a year (1-5 level, A-D
II.Felonies- in jail for more than a year (1-5 level, A-letters
III.
Good Samaritan Laws/Crimes of Omission- you have to help stop crimes where
you can
IV.
Preliminary Crimes-Proactive (trying to stop it before it happens)
V.
Soliciting- selling or talking people into breaking the law
VI.
Conspiracy- (violation of the 1st amendment) planning a crime
VII.
Attempt- Tries but fails at a crime
Crimes Against People
I. Homicide- person killing another person
II.Malice-doing it on purpose
III.
1st Degree Murder- planned out killing of another human
IV.
2nd Degree Murder- not planned, killer wants victim dead due to a non-physical
interaction
V.
Voluntary Manslaughter- not planned, killer does want victim dead but is it due to
physical interaction (bar fights)
VI.
Involuntary Manslaughter- you are so reckless you should know someone could
die
VII.
Felony Murder-death of a person during the commission of a felony
VIII.
Negligent Homicide- do something stupid that causes a death
IX.
Suicide- person killing themselves
X.
Assault- threat of physical harm
XI.
Battery-actual physical harm
XII.
Stalking- unwanted advances/calling/letters/watching
XIII.
Sexual Assault- unwanted touching
XIV. Rape- intercourse without consent
XV.
Statutory Rape- intercourse with someone who can not consent
XVI. Acquaintance Rape-unwanted intercourse between two people who know each
other
Crimes Against Property
I. Arson- willful burning of someones property in order to deprive them of it
II.Vandalism- defacing/destroying property that is not yours
III.
Larceny- depriving someone of their property without any interaction
IV.
Shoplifting/Concealment- taking all item from a store/ putting an item in your
pocket before you paid for it
V.
Embezzlement-taking money that has been in-trusted to you
VI.
Robbery/Armed Robbery-taking property in order to deprive the owner through
intimidation or force
VII.
Burglary-breaking into a building to steal things and their sense of security
VIII.
Extortion-using threats to steal
IX.
Forgery-something on a document is falsified (good document)
X.
Uttering-the document is false/connected to nothing
XI.
Receiving Stolen Property -con not have property that has been illegally taken
from someone else
XII.
Carjacking-occurs if a person uses force or intimidation to steal a car from a
driver
XIII.
UUV-(Unauthorized use of a vehicle) unlawfully takes a motor vehicle without
the owner’s consent.
Hackers- A person who illegally accesses government or corporate computer systems