Criminal Law Exam Review Crime is considered an act against the public good.

Criminal Law Exam ReviewCrime is considered an act against the public good

The defendant is the person accused of a crime.

The prosecutor is the government attorney who presents the case in court against the defendant.

The plaintiff is the party that accuses a person of a crime.

Usually the government,

representing the public at large.

Felonies vs. MisdemeanorsFelonies vs. Misdemeanors• Felony-is a major crime

punishable by imprisonment of 1 year or longer or death.

Examples: murder

manslaughter

burglary

robbery

arson

Felonies vs. MisdemeanorsFelonies vs. Misdemeanors• Misdemeanor- less serious

crime with a less severe penalty. Punishable by:• A fine and/or,

• Brief imprisonment (under 1 year) in county or city jail.

Examples: driving without a license, lying about one’s age to purchase alcohol, leaving the scene of an automobile accident

Elements of a CrimeElements of a Crime A crime is defined

by two (2) elements:

1) the criminal act Most criminal statutes specifically explain conduct that

is forbidden. A criminal act must also involve voluntary conduct.

2) the required state of mind The definition of a crime can be changed based

on the criminal’s state of mind.

Motive plays no part in proving criminal liability.

If a person has committed a forbidden act with the required state of mind, then he or she is

criminally liable.

Motive Motive

Defenses to CrimesDefenses to Crimes Common defenses are:

insanityentrapmentself-defensedefense of family members

Defense attorneys try to show prosecution failed to prove the required elements for the crime

Insanity – cannot be held responsible if they do not know what they are doing

M’Naughten rule: Oldest test of Insanity: says the defendant must be proven to suffer from mental disease so serious that they did

not know the nature of their actions

American Law Institute (ALI): Not considered responsible if they lack substantial capacity to appreciate the criminality of the

conduct

Entrapment – law enforcement officer induces a law-abiding citizen to commit a crime

Self-Defense – good reason to believe they are in danger of serious injury or death Must try to retreat first

unless it happens in your own home

Accessory before the fact- a person who orders a crime or helps the principal commit the crime but who is not present.

Accessory after the fact- is a person who, knowing a crime has been committed, helps the principal or an accomplice avoid capture or escape. Not charged with original crime but

often may be charged with harboring a fugitive, aiding an escape, or obstructing justice

Murder- is the unlawful killing of another human being with malice of aforethought, which means the killer had evil intent.

Two degrees (1st and 2nd Degree)

malice aforethought (or malice prepense) is the element of mens rea (Latin for "guilty mind") which must accompany the actus reus of death, in order to secure a conviction for murder under the common law.

In other words, knowledge that through an action or omission, the result will be some one's death

1st Degree (Aggravated) Killing with premeditation Killing in a cruel way Killing while committing of

certain felonies Felony Murder (Also 1st

degree) Any killing during

commission of crime, Not necessary to prove intent,

presumed malice even if accidental

2nd Degree None of the above

characteristics can apply Distinction Important?

Why? Death penalty

Negligent Homicide Causing the death through

criminal negligence ▪ Negligence is the failure to

exercise a reasonable or ordinary amount of care in a situation

Most common form of negligent homicide is:▪ Vehicular Vehicular or automobile, homicide▪ Civil versus criminal?

Manslaughter- The unlawful killing of another human being without malice aforethought.

Voluntary Manslaughter- occurs when one person intends to kill another but does so suddenly and as the result of great personal distress.

Involuntary Manslaughter- occurs when one person, while committing an unlawful act or reckless act, unintentionally kills another.

Assault The attempt or threat to carry out a

physical attack (Battery) Actual injury is not necessary

▪ Pointing a gun is considered aggravated assault.

▪ (The bullet striking someone would be battery)

Degrees Simple Assault (Misdemeanors) vs.

Aggravated Assault (Felony)▪ Often defined by the harm inflictedOften defined by the harm inflicted

Some states eliminated the differences between Assault and Battery

Battery Unlawful touching of another Usually involves the forceful use of

person’s hand, knife or gun against another

Also includes: Poisoning and Drugs, (given to

unsuspecting victim, Spitting in someone’s face, Commanding a dog to attack, or even Kissing someone without permission

Accidentally bumping into someone isn’t battery

Can Involve: Unlawful imprisonment for ransom,

terrorism, torture, rape, or to commit a felony

Domestic Violence- any reckless form of physical or mental abuse within a family or household.

Hate Crimes or Hate Speech- involves certain symbols, writing, pictures, or spoken words to cause fear or anger in people because of their race, religion, color, gender, or sexual orientation.

Burglary breaking and entering of a

dwelling at night with the intent to commit a felony.

Includes daytime today, other places than homes, also added intent to commit misdemeanors

Requires every part to be proven

Larceny Unlawful taking and carrying away

of the personal property of another with intent to deprive the owner

Petty (Misdemeanor) versus Grand (Felony)

Decided by value of propertyEmbezzlement

Wrongful taking of another’s property by a person who has been entrusted with that property

Robbery Unlawful taking and

carrying away of the property of another through violence, force, or threats

Two harms:▪ Theft of property▪ Potential physical

harm to victims