Criminal Law
PA 106 – Unit 3
PA 106 -- Kaplan University
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Civil and Criminal Law
Major differences:
Civil (Tort)
Criminal
Preponderance
Beyond Reasonable Doubt
Damages
Jail
Private
Public
(parties hire their
own attorneys)
or Prison
(Prosecutor
represents community)
May
be liable for civil
damages
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Classification of Crimes
An act can have both civil and criminal
consequences. (O.J. Simpson trials)
Felonies
Misdemeanors
Serious crimes,
punishable by Death or
prison for more than one
(1) year.
Non-serious (petty)
crimes punishable by jail
for less than one(1) year
and/or by fines.
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The Essentials of
Criminal Liability
To be convicted of a crime, a person
must:
– Commit a guilty act (actus reus).
– Have the guilty mind (mens rea) during
commission of the guilty act.
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Types of Crimes
 Violent
Crimes.
– Murder, sexual assault, rape, robbery.
 Property Crimes.
– Burglary, larceny, theft of trade secrets, theft of
services, arson, receipt of stolen goods, forgery.
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Assault and Battery

In most states, an assault/battery is committed
when one person 1) tries to or does physically
strike another, or 2) acts in a threatening manner
to put another in fear of immediate harm.
 Historically, laws treated the threat of physical
injury as "assault", and the completed act of
physical contact or offensive touching as
"battery," but many states no longer differentiate
between the two.
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Burglary and Robbery

Burglary is typically defined as the unlawful entry
into almost any structure (not just a home or
business) with the intent to commit any crime
inside (not just theft/larceny). No physical
breaking and entering is required; the offender
may simply trespass through an open door. Unlike
robbery, which involves use of force or fear to
obtain another person's property, there is usually
no victim present during a burglary.
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Embezzlement

Embezzlement is defined in most states as
theft/larceny of assets (money or property) by a
person in a position of trust or responsibility over
those assets. Embezzlement typically occurs in the
employment and corporate settings.
 For example, while working as a bank manager,
Dan alters customer deposit receipts and account
information, then siphons bank money into his
own pocket.
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Extortion


Most states define extortion as the gaining of property or
money by almost any kind of force, or threat of 1)
violence, 2) property damage, 3) harm to reputation, or 4)
unfavorable government action. While usually viewed as a
form of theft/larceny, extortion differs from robbery in that
the threat in question does not pose an imminent physical
danger to the victim.
For example, Dan goes to Victor's place of business and
demands monthly payment from Victor for the business's
"protection" from vandalism and after-hours theft. Fearing
that he or his business will suffer harm otherwise, Victor
agrees to pay Dan.
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Kidnapping

Under federal and state law, kidnapping is
commonly defined as the taking of a person from
one place to another against his or her will, or the
confining of a person to a controlled space. Some
kidnapping laws require that the taking or
confining be for an unlawful purpose, such as
extortion or the facilitation of a crime. A parent
without legal custody rights may be charged with
kidnapping for taking his or her own child, in
certain circumstances.
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Manslaughter

Manslaughter is an unintentional killing that
results from recklessness or criminal
negligence
 The usual distinction from voluntary
manslaughter is that involuntary
manslaughter (sometimes called "criminally
negligent homicide") is a crime in which the
victim's death is unintended.
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Manslaughter

For example, Dan comes home to find his
wife in bed with Victor. Distraught, Dan
heads to a local bar to drown his sorrows.
After having five drinks, Dan jumps into his
car and drives down the street at twice the
posted speed limit, accidentally hitting and
killing a pedestrian.
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Murder

In most states, first-degree murder is defined as an
unlawful killing that is both willful and
premeditated, meaning that it was committed after
planning or "lying in wait" for the victim.
 For example, Dan comes home to find his wife in
bed with Victor. Three days later, Dan waits
behind a tree near Victor's front door. When
Victor comes out of the house, Dan shoots and
kills him.
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Murder


Second-degree murder is ordinarily defined as 1) an
intentional killing that is not premeditated or planned, nor
committed in a reasonable "heat of passion" or 2) a killing
caused by dangerous conduct and the offender's obvious
lack of concern for human life. Second-degree murder may
best be viewed as the middle ground between first-degree
murder and voluntary manslaughter.
For example, Dan comes home to find his wife in bed with
Victor. At a stoplight the next day, Dan sees Victor riding
in the passenger seat of a nearby car. Dan pulls out a gun
and fires three shots into the car, missing Victor but killing
the driver of the car.
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Aiding and Abetting

A criminal charge of aiding and abetting or
accessory can usually be brought against anyone
who helps in the commission of a crime, though
legal distinctions vary by state.
 For example, Andy draws a floor plan of a bank,
knowing of Dan's intention to rob it. After Dan
commits the robbery, Alice agrees to let him store
the stolen money at her house. Both Andy and
Alice can be charged with aiding and abetting, or
acting as accessories to the robbery.
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Perjury


Perjury statutes in many states make it a crime to
knowingly lie after taking an oath to tell the truth, such as
when testifying in court or communicating through certain
legal documents. The falsehood must usually be material to
the matter at issue, though perjury can also be committed
by simply signing a document with the knowledge that it
contains false assertions.
For example, while completing a sworn affidavit during
child support proceedings in family court, Dan
purposefully understates his monthly income by $2000,
signs the document, and files it with the judge's clerk.
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Forgery

The crime of forgery generally refers to the
making of a fake document, the changing of
an existing document, or the making of a
signature without authorization. Documents
that can be the object of forgery include
contracts, identification cards, and legal
certificates. Most states require that forgery
be done with the intent to commit fraud or
theft/larceny.
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Arson

Under the criminal law of most states, arson
is committed when a person intentionally
burns almost any kind of structure or
building, not just a house or business. Many
states recognize differing degrees of arson,
based on such factors as whether the
building was occupied and whether
insurance fraud was intended.
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“White Collar” Crimes
Crimes occurring in the business context
using non-violent means to obtain personal or
business advantage.
– Embezzlement.
– Mail or Wire Fraud (federal).
– Bribery.
– Bankruptcy Fraud (federal).
– Insider Trading (federal).
– Theft of Trade Secrets (federal).
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Defenses to Criminal Liability
 Infancy
(juvenile).
 Involuntary Intoxication: is a defense if
person was incapable of understanding act.
 Insanity: defendant lacked substantial
capacity to appreciate the wrongfulness of
act or to conform act to law.
 Mistake.
 Duress.
 Consent.
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Defenses
 Self-Defense of
People and Property: use
deadly force if reasonable belief of
imminent death or serious injury; cannot
use deadly force to protect property alone.
 Necessity: criminal act necessary to prevent
greater harm.
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Defenses
 Entrapment: prevents
government from
encouraging crimes. Key issue: was the
defendant pre-disposed to commit the act?
 Statute of Limitations.
 Immunity.
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Criminal Procedures
 U.S.
Constitution provides specific
safeguards for those accused of crimes at
federal and state level.
 Criminal procedures are designed to protect
against the arbitrary use of power by the
government.
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Fourth Amendment
 The
Fourth Amendment protects against
unreasonable search and seizures.
 No warrant for search or arrest can issue
without probable cause.
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Exclusionary Rule
 Evidence obtained
in violation of
Constitutional amendments is excluded
from trial.
 Purpose is to deter police from warrantless
searches, seizures and misconduct.
 “Inevitability” and “good faith” are
exceptions to the rule.
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The “Miranda” Rule
 Miranda
v. Arizona (1966) required police
to inform suspects of their constitutional
rights.
 The Supreme Court upheld Miranda in
Dickerson v. U.S. (2000).
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Arrest
(Requires Probable Cause)
Criminal
Process
Initial Appearance
(Before Judge)
Preliminary Hearing
(Determines Probable Cause)
Grand Jury
D.A's Office
Arraignment
Plea Bargain
Trial
Change of Plea to Guilty
Prosecutor must prove
guilt beyond reasonable doubt
Sentencing
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Criminal Process
 Is
a defendant’s right to cross-examine a
witness violated by two-way
videoconferencing?
 Federal Sentencing Guidelines.
– 1984: Sentencing Reform Act.
– 2005: Supreme Court ruled some provisions of
this Act were unconstitutional.
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Cyber Crimes
 Computer crime:
any act directed against
computers or that uses computers as an
instrumentality of a crime.
–
–
–
–
–
Cyber Theft.
Financial Crimes.
Identity Theft.
Cyber Stalking.
Hacking and Cyber Terrorism.
 Computer Fraud
and Abuse Act (1996).
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Quiz Prep!
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
What is an arrest?
 What is a battery?
 What is an arraignment?
 What is the Miranda Rule based on?
 What do we mean by “mens rea?”
 Who decides, at a preliminary hearing,
whether the defendant will stand trial?
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Quiz Prep

What is aiding and abetting?
 What is bail?
 What is a “lesser included offense?”
 What is an indictment and what is it based
on?
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Questions??
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