Crimes and Meanings

1
Crimes and Meanings

• Pages 77-101

2
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.

3
Classes of Crimes

• Felony penalty is more than one year in prison
  more serious crimes.
• Misdemeanor penalty is one year or less in
  prison.

4
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.

5

• 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.

6
Preliminary Crimes

• Behaviors that take place before the crime
• Complete crimes in themselves
• Can be punished even if the crime never occurs.

7
Solicitation

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

8
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

9
Conspiracy

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

10
Homicide

• The killing of one human being by another

11
Noncriminal Homicide

• Killing that is justifiable or excusable
• Ex Killing an enemy soldier during wartime,
  self defense, death penalty killings, some police
  officer killings

12
First Degree Murder

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

13
Second Degree Murder

• Killing done with malice, but without
  premeditation
• Intent to kill did not take place before the
  murder took place.

14
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

15
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

16
Involuntary Manslaughter

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

17
Negligent Homicide

• Causing death through criminal negligence
• One neglected to act and therefore caused the
  death
• Ex vehicular homicide

18
Negligence

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

19
Suicide

• The deliberate taking of ones own life

20
Euthanasia

• Putting someone to death painlessly
• Can carry the same consequences as murder or
  manslaughter

21
Assault

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

22
Battery

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

23
Forcible Rape

• Intercourse occurring without the consent of the
  female

24
Statutory Rape

• Sexual intercourse with an underage female
  whether she consents or not
• A mistake of age is not a defense for the male

25
Arson

• Willful and malicious burning of another persons
  property

26
Vandalism

• Willful destruction or damage to the property of
  another

27
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

28
Embezzlement

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

29
Robbery

• Unlawful taking of property from someones
  immediate possession by force or intimidation

30
Extortion

• Threats to obtain property
• Blackmail

31
Burglary

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

32
Uttering

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

33
Receiving Stolen Property

• Buying or receiving property you know was stolen

34
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