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Criminal Law

Chapter 5. Criminal Law. 3 Elements of a Crime:. Duty of care- To act as a responsible citizen Violation of a duty of care Criminal Intent Sometimes can be replaced with negligence, such as drunk driving accident. Motive is not an element. Motive is the reason a person commits a crime

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Criminal Law

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  1. Chapter 5 Criminal Law

  2. 3 Elements of a Crime: • Duty of care- To act as a responsible citizen • Violation of a duty of care • Criminal Intent • Sometimes can be replaced with negligence, such asdrunk driving accident

  3. Motive is not an element • Motive is the reason a person commits a crime • Although it helps to prove guilt, it is not a necessary element to charge someone with a crime

  4. 3 Classifications of Crimes: • Felony- Punishable by more than a year in prison up to the death penalty; fines; probation; etc. • Ex. Murder • Misdemeanor- Punishable by up to one year in prison; fines; probation; community service; etc. • Ex. DUI 1st offense • Petty offense- Punishable by fines • Ex. Speeding ticket

  5. The Goals of Our Criminal System: • Retribution • Deterrence • Incarceration • Rehabilitation

  6. The Goals of Our Criminal System: • 1. Retribution – • Criminals ought to suffer in some way. Criminals have taken improper advantage, or inflicted unfair detriment, upon others and consequently, the criminal law will put criminals at some unpleasant disadvantage to "balance the scales.”

  7. The Goals of Our Criminal System: • Deterrence- • The aim is to impose a sufficient penalty to discourage the offender from criminal behavior. • Example: a criminal could face multiple years in prison if he/she chooses to sell illegal drugs

  8. The Goals of Our Criminal System: • Incarceration- • Designed simply to keep criminals away from society so that the public is protected from their misconduct.

  9. The Goals of Our Criminal System: • Rehabilitation- • Aims at transforming an offender into a valuable member of society.

  10. Parties to a Crime: • Principal- • One who commits the crime • Accomplice- • One who assists in committing the crime • Accessory before the fact- • One who assists, but is not present during the actual crime • Accessory after the fact- • One who obstructs justice after the crime has been committed

  11. Preliminary Crimes: • Our system is designed to have levels of crimes, in an effort to prevent more serious crimes from even occurring • Example: Being charged with Attempted Robbery

  12. Preliminary Crimes: • Criminal Solicitation- • An attempt to get another person to help commit a crime • Conspiracy- • Two or more people commit a crime

  13. Terms to remember: • Aggravating Circumstances- • Factors that tend to make the crime worse • Ex. Particularly gruesome murder • Ex. Defendant had prior criminal convictions • Mitigating Circumstances- • Factors that tend to lessen the crime • Ex. History of domestic abuse against the defendant • Ex. Defendant had no prior record

  14. Crimes Against a Person: • Homicide- • The taking of another’s life • Classified depending on the act: • 1st degree murder: • Premeditated • Deliberate • With Malice Intent (Bad Intentions)

  15. Crimes Against a Person: • 2nd degree murder: • Not premeditated • Felony murder: • Takes place during the commission of a felony, such as burglary or robbery • Voluntary manslaughter: • Intentional killing of another under mitigating circumstances; example: provoked • Involuntary manslaughter: • Unintentional killing of another resulting from reckless or negligent behavior; example: DUI

  16. Crimes Against a Person: • Assault- • Threats of physical violence • Battery- • Unlawful physical contact intending to do harm • Larceny- • Unlawful taking of another’s property without force

  17. Crimes Against a Person: • Robbery- • Unlawful taking of another’s property with force • Burglary- • Breaking and entering private property with the intent to commit a crime

  18. Crimes Against a Person: • Extortion- • Use of threats to obtain property • Also known as “blackmail” • Embezzlement- • Taking of another’s property that was otherwise entrusted to you • Example: Bernie Madoff

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