Criminal Law

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Criminal Law

• Classifications of Crimes

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Chapter 2 Objectives

• Identify the major classes of crimes
• Describe the elements of a crime
• Distinguish among a variety of particular crimes
• Explain the defenses available to criminal
  defendants
• Summarize the penalties provided under criminal
  statutes

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The Players

• Plaintiff (Prosecutor)
• Federal Government or the State
• Representing the public
• Listed first in case name
• Defendant
• Person accused of a crime
• Listed second in case name

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Elements of a Crime

• Criminal Act
• Specific conduct forbidden by statutes
• VOLUNTARY conduct
• Required State of Mind
• Intentionally, knowingly, or willfully
• Level of awareness
• Specified in statute that defines the crime

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But I Didnt DO Anything!!

• FAILURE to act can be a crime
• Examples???
• Crimes of Omission
• Failure to perform an act required by criminal
  law, if he or she is physically able to perform
  the act

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Whats Your Motive?

• Why the act was performed
• Plays no part in criminal liability
• Only helps establish suspect list

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Criminal Liability

• Strict Liability
• Does not require guilty state of mind
• Act itself is criminal, regardless of knowledge
  or intent
• Typically crimes that dont carry severe
  penalties (this is only the case in criminal law,
  not civil)
• Attempt to regulate some area of conduct
• Examples???

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Is it a State or Federal Crime?

• Some crimes can only be prosecuted in state court
• Unless they occur on federal property
• Some can only be prosecuted in federal court
• Some can be prosecuted in either

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Classes of Crimes

• Felony
• Penalty is imprisonment for over one year
• Max penalty is death
• State specific
• Examples???

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Classes of Crimes

• Misdemeanor
• Potential penalty is imprisonment for less than
  one year
• Usually fine or county or city jail
• Examples???
• Minor Misdemeanor/Petty Offense
• Examples???

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Parties to Crimes

• Principal
• Person who commits a crime
• Accomplice
• Helps another commit a crime
• Can be charged and convicted with same crime as
  principal

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Parties to Crimes

• Accessory Before the Fact
• Person who orders a crime, or who helps principal
  commit crime but is not present
• Charged with same crime as principal
• Accessory After the Fact
• Knowingly helps principal or accomplice escape
• Charged with harboring a fugitive, aiding the
  escape, or obstructing justice

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Preliminary Crimes

• Solicitation
• Command, urge, or advise another person to commit
  a crime
• Attempt
• To attempt to commit a crime is in itself a crime
• Must have both intended to commit a crime
• Taken substantial step toward committing the crime

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Preliminary Crimes

• Conspiracy
• Agreement between two or more persons to commit a
  crime
• Meant to prevent other crimes and to strike
  against criminal activity by groups
• Arrest conspirators before they become a danger
• Requires an OVERT act

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