Some introductory ideas

1. A DASH OF CRIMINAL LAW
Mr. Geib and Mr. Fitz-Patrick
12th Grade Gov. and Econ.
September 16, 2015

2. FOR A CRIME TO EXIST:
• Being under the
influence not an
excuse…
• Ignorance of the law
not an excuse…
• Elements of criminal
law:
– Mental state (Mens
rea)
– Conduct (Actus
reus)

3. TYPES OF OFFENSES
1. Infraction (traffic)
2. Misdemeanor (one year
maximum in country jail)
3. Felony (State prison term)

4. STEALING
• Petty Theft
• Grand Theft
• “Burglary”
– Any crime while
illegally present
• Trespassing
• Embezzlement
• Extortion
• Receiving
stolen goods
“Shoplifting” is petty theft up to $1,000.00,
then a felony.

5. FIGHTING, KIDNAPPING, ETC.
• “Public disturbance”
• “Assault” and “battery”
– Private person’s arrest
• Spousal abuse
• Assault with a deadly
weapon
• Kidnapping and
“annoyance”
• “Mayhem”

6. RAPE AND SEXUAL ASSAULT
• Molestation
• Statutory rape
• Exposure
• Sexual assault
• Sexual battery
• Rape

7. ALCOHOL AND DRUGS
• Drunk/impaired in
public
• Drunk/impaired driving
• Special case of
marijuana…
• “Possession of a
controlled substance”

8. HOMICIDE
• Legal versus illegal
“homicide”
– “self- defense”
• Involuntary versus
voluntary
“manslaughter”
• 1st and 2nd degree
murder

9. POLICE DISCRETION
• Law enforcement
officers have much
discretion in terms
of what they can let
slide, what not…

10. FEDERAL vs. LOCAL LAW
ENFORCEMENT
• The vast majority of
law enforcement is
LOCAL
• City police and
deputy sheriffs
• “State” cops
• Federal law
enforcement
– INS, Border Patrol,
ATF, DEA, and FBI.