Criminal Law

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

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

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

justifiable homocide
self defense
defense of others
defense of property
prevention of felonies
arresting a felon

accidental death
duty of care
involuntary manslaughter or negligence

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

assault
an unlawful attempt, coupled with present ability, to commit a battery (such as a missed punch)

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

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)

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

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

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

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

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

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

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”

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?

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”

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

Criminal Law – Solicitation
agreement to commit a crime
hiring individual is just as liable as the actor
merges into conspiracy

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

Criminal Law

by annperry09

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Criminal Law

by annperry09

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Criminal Law Presentation Transcript

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