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Criminal Law
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Transcript

  • 1. Criminal Law
    • serves to define offences under a codified system of laws and punishments
    • where we define what crime is and how it goes about being prosecuted
  • 2. Criminal Law - Homocide
    • murder (malice required)
      • first degree
        • intentional and premeditated killing
        • killing in the course of a dangerous felony
      • second degree
        • intentional, but not premeditated
        • intent to cause serious bodily injury resulting in death
        • death by act creating grave risk of death
        • killing in the course of other mala in se felonies
  • 3. Criminal Law - Homocide
    • manslaughter (no malice required)
      • voluntary
        • killing with the intent to kill or inflict grievous bodily injury but under the influence of passion caused by sufficient provocation
      • involuntary
        • negligent or reckless homocide
        • killing in the course of committing a dangerous misdemeanor
  • 4. Criminal Law - Homocide
    • justifiable homocide
      • self defense
      • defense of others
      • defense of property
      • prevention of felonies
      • arresting a felon
  • 5. Criminal Law - Homocide
    • accidental death
      • duty of care
      • involuntary manslaughter or negligence
  • 6. Criminal Law – Assault and Battery
    • battery
      • intentional or reckless touching of another without excuse or justification
      • does not require significant blow that inflicts bodily injury
  • 7. Criminal Law – Assault and Battery
    • assault
      • an unlawful attempt, coupled with present ability, to commit a battery (such as a missed punch)
  • 8. Criminal Law – Assault and Battery
    • aggravated assault and battery
      • when battery inflicts a serious bodily injury or assault and battery involves the use of a deadly weapon
      • assault with intent to rape
  • 9. Criminal Law – Rape
    • sexual intercourse by a male with a female, who is not his wife, achieved by force or threat of force against the will of the victim
      • force can include drugs administered by the male OR inability of the victim to understand what is happening
      • spousal “immunity” in some old laws has been done away with
      • men don’t rape men – they sodomize
      • women may be charged with rape as a accomplice, (this too is changing)
  • 10. Criminal Law – Rape
    • statutory rape involves sexual intercourse with a minor who is regarded by law as incapable of giving lawful consent to the act
  • 11. Criminal Law – Conspiracy
    • agreement between two or more people, beyond an undercover government agent, to commit an unlawful act, and some degree of intent
      • ultimate act can be impossible to carry out
      • everyone does not have to know everyone else involved
      • all parties must have a common end
      • acts of one are acts of all
  • 12. Criminal Law – Conspiracy
    • for conspiracy, one overt act in furtherance of the crime by any involved party gives liability
      • if one abandons the conspiracy, he is still liable for the conspiracy, but not the resulting act
      • “ overt act” need not be criminal in itself
    • individuals are charged with conspiracy and the actual crime (i.e. murder), the two don’t merge
  • 13. Criminal Law – Burglary
    • at common law, breaking and entering into a dwelling during the night with intent to commit a felony
      • modern code includes
        • any building or similar structure
        • day or night
        • unlawful entry
        • with or without a breaking
      • people get robbed, not houses
  • 14. Criminal Law – Larceny
    • taking the property of another, with knowledge of their ownership, to deprive them permanently or infringe upon their rights in a substantial way
      • petit vs. grand larceny varies in $$$ amount of property
      • one cannot negligently steal
  • 15. Criminal Law – Embezzlement
    • persons who lawfully received possession of the property of another and then wrongfully convert that property to their own use
      • real property can be embezzled
      • does not require intent to permanently deprive
  • 16. Criminal Law – False Pretenses
    • applies to persons who induce others to transfer property to them by means of misrepresentation, which must be to a material past or present fact that the seller know to be false
      • does not include “seller’s talk”
  • 17. Criminal Law – Robbery
    • a larceny with the stolen property taken from the victim in the presence of the victim and with the taking accomplished by means of force or threat of force
      • crime against person and property
    • Does pickpocketing constitute a robbery?
  • 18. Criminal Law – Extortion
    • threat of force or harm used to achieve some sort of benefit to the criminal
      • truth can be used as leverage
      • benefit does not have to be monetary
      • “ blackmailing”
  • 19. Criminal Law – Arson
    • an intentional or reckless burning or explosion of a building owned by another person or, under limited circumstances, of a building owned by the actor
  • 20. Criminal Law – Solicitation
    • agreement to commit a crime
      • hiring individual is just as liable as the actor
      • merges into conspiracy
  • 21. Criminal Law – Aiding and Abetting
    • involved prior to the crime, contributed to the act or induced the act, even if not involved in the act itself
      • one who orders a crime shares the same liability as the actor