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Criminal Law
 

Criminal Law

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    Criminal Law Criminal Law Presentation Transcript

    • 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
    • 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
    • Criminal Law - Homocide
      • justifiable homocide
        • self defense
        • defense of others
        • defense of property
        • prevention of felonies
        • arresting a felon
    • Criminal Law - Homocide
      • 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
    • Criminal Law – Assault and Battery
      • assault
        • an unlawful attempt, coupled with present ability, to commit a battery (such as a missed punch)
    • 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
    • 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