Crimes and Meanings

Pages 77-101

General Considerations

• Every crime is made up of elements.• 1. Act and intent – person intended to commit a

crime.• 2. Strict liability – do not require intent – act

itself is a crime – example is selling of alcohol whether you know it is illegal or not.

• 3. Motive – the reason a person commits a crime.

Classes of Crimes

• Felony – penalty is more than one year in prison – more serious crimes.

• Misdemeanor – penalty is one year or less in prison.

Parties to Crimes

• Principal – person who commits the crime

• Accomplice – person who helps someone commit a crime

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

• Accessory after the fact – person who helps the principal after the crime knowing a crime has been committed.

• Crimes of omission – occurs when a person fails to perform an act required by a criminal law.

• Ex. – failure to file a tax return, leaving the scene of an accident.

Preliminary Crimes

• Behaviors that take place before the crime

• Complete crimes in themselves

• Can be punished even if the crime never occurs.

Solicitation

• Requesting or strongly urging someone to do something (if that something is illegal, then it is a crime).

Attempt

• Effort to commit a crime that goes beyond mere preparation but does not result in the commission of a crime

• Ex: attempting to shoot and kill someone, but missing the target

Conspiracy

• An agreement between two or more person to commit a crime

Homicide

• The killing of one human being by another

Noncriminal Homicide

• Killing that is justifiable or excusable

Ex: Killing an enemy soldier during wartime, self defense, death penalty killings, some police officer killings

First Degree Murder

• Killing that is premeditated, deliberate, and done with malice(intent to kill)

Second Degree Murder

• Killing done with malice, but without premeditation

• Intent to kill did not take place before the murder took place.

Felony Murder

• Killing that takes place during a felony such as arson, rape, robbery, or burglary.

• Not necessary to prove intent to kill

• Most states consider this first degree murder

Voluntary Manslaughter

• Intentional killing committed under circumstances that mitigate (lessen), but do not justify or excuse the killing.

• The circumstances leading to the killing must be the kind that would cause a reasonable person to become emotionally or mentally disturbed

Involuntary Manslaughter

• Unintentional killing resulting from conduct so reckless that it causes extreme danger of death or bodily injury.

Negligent Homicide

• Causing death through criminal negligence

• One neglected to act and therefore caused the death

• Ex: vehicular homicide

Negligence

• Failure to exercise reasonable or ordinary care in a situation that causes harm to someone.

Suicide

• The deliberate taking of one’s own life

Euthanasia

• Putting someone to death painlessly

• Can carry the same consequences as murder or manslaughter

Assault

• Attempt or threat to carry out a physical attack upon another person

Battery

• Unlawful physical contact inflicted upon one person by another without consent

Forcible Rape

• Intercourse occurring without the consent of the female

Statutory Rape

• Sexual intercourse with an underage female whether she consents or not

• A mistake of age is not a defense for the male

Arson

• Willful and malicious burning of another person’s property

Vandalism

• Willful destruction or damage to the property of another

Larceny

• Unlawful taking and carrying away of the property of another with the intent to steal it.

Grand(felony)= typically $200 or more

Petty(misdemeanor)= typically under $200

Embezzlement

• Unlawful taking of property by someone to whom it was entrusted

Robbery

• Unlawful taking of property from someone’s immediate possession by force or intimidation

Extortion

• Threats to obtain property

• Blackmail

Burglary

• Breaking and entering a building with the intent of committing a felony.

Uttering

• Offering someone a genuine document(such as a check) although you know it is fake

Receiving Stolen Property

• Buying or receiving property you know was stolen

Drunk Driving

• Driving while intoxicated or while under the influence.

• Determined by you BAC (Blood Alcohol Content)• The state operates behind a three-tiered definition

for DUI based on a driver's BAC:

General impairment: 0.08% to 0.099%

High BAC: 0.10% to 0.159%

Highest BAC: 0.16% and up