Criminal Law
Chp. 3
Chapter Overview
Section 3.1
What Is a Crime?
Crimes are punished in the United States by fine, imprisonment, or both.
A felony is a major crime punishable by imprisonment or death.
- Examples of crimes that would be considered a felony:
murder, manslaughter, burglary, robbery, arson, rape
A misdemeanor is a less serious crime with a less severe penalty.
- Examples of crimes that would be considered a misdemeanor: driving w/out a license, leaving scene of accident, purchase alcohol underage
- The punishment for a misdemeanor are usually a fine or brief imprisonment in county or city jail
Plaintiff and Defendant
- The state or federal gov’t.
The Prosecutor is the government attorney who presents the case in court against the person accused.
The Defendant is the person accused of a crime.
The job of a defense attorney is to try to show that the prosecution failed to prove the required elements for the crime charged to their client.
State and Federal Criminal Law
Federal agencies have no police power and can create criminal statutes only in those areas over which it has jurisdiction.
Examples of federal police agencies: FBI (Federal Bureau of Investigation), DEA (Drug Enforcement Agency), ATF (Alcohol Tobacco Firearm)
Double Jeopardy – can’t be tried for the same case in the same court twice, unless you are being tried for the same crime in a different court (Ex: federal and state)
Elements of a Crime
Criminal act and required state of mind
Required state of mind is important when defining a crime because it must me proven that the person intended to do the crime or if was accidental.
- The crime changes according to the state of mind of the person committing the act.
Motive does NOT play a part in determining whether a person will be charged with a crime that was committed.
- If the person committed the act and is criminally liable it makes no difference what their motive was.
Defenses to Crimes
Punishment a person receives if they are found guilty by reason of insanity:
- Committed to institutions and must undergo periodic psychiatric evaluations / released when they are found to be sane
Entrapment defense - law enforcement officer induces a law abiding citizen to commit a crime
- must show they wouldn’t have committed the crime without the involvement of the officer
Self-Defense
A person claiming self-defense must prove that the other party started the altercation:
- must have tried to retreat before resorting to force, unless attack occurs in your own home
- Defending a family member ~ rescuer must have good reason to believe the victim was in danger of severe bodily harm or death
Section 3.2
Murder and Manslaughter
Malice aforethought show that the killer had EVIL INTENT
Three circumstances used to determine whether a murder is 1st degree or 2nd degree:
- Killing w/pre-meditation
- killing in a cruel way (w/torture)
- killing while committing a felony (rape or robbery)
Manslaughter is defined as the unlawful killing of another human without malice aforethought
The difference between voluntary and involuntary manslaughter:
- Voluntary – person intends to kill another but does so suddenly and as a result of great personal distress
- Involuntary – person unintentionally kills another while committing unlawful or reckless act (brother driving recklessly w/sister in back of truck)
Assault and Battery
- Assault - attempting to cause harm to another person or to an unborn child
Example: pointing or shooting a gun at someone but not hitting them with the bullet - The crime of assault is broken down into two separate degrees: "simple" and "aggravated."
- Simple and negligent assault are misdemeanor crimes.
- Aggravated assault is a felony depending upon who is the victim - committed with a deadly weapon, or with the intent to murder, commit rape, or commit robbery
Battery is defined as the unlawful touching of another person (Ohio uses this term when charging someone with sex crimes)
- involves forceful use of hand, gun, or knife against another. (also by giving poison, spitting in a face, kissing w/out permission)
- the bullet striking a person is battery
Crime
Kidnapping
- unlawful removal or restraint of a person against his/her will
- could involve unlawful imprisonment for ransom, terrorism, torture, rape
Sex Offenses
Consent of a minor does NOT make a sexual encounter legal.
Ohio law states: No person who is eighteen years of age or older shall engage in sexual conduct with another, who is not the spouse of the offender, when the offender knows the other person is thirteen years of age or older but less than sixteen years of age, or the offender is reckless in that regard. (B) Whoever violates this section is guilty of unlawful sexual conduct with a minor…unlawful sexual conduct with a minor is a felony of the fourth degree. ….if the offender is less than four years older than the other person, unlawful sexual conduct with a minor is a misdemeanor of the first degree.
- When both partners are juveniles, they would be liable to being adjudged unruly children in a juvenile proceeding.
- Felony when committed by a person who is 4 or more years older than the victim
- Misdemeanor when the offender is less than 4 years older than the victim
Domestic Violence
- any reckless form of physical or mental abuse within a family or household
- A protective order bars the abusing spouse from maintaining any contact with the victim (enforced by police)
Hate Crimes
- involve using certain symbols, writings, pictures or spoken words to cause fear or anger in people because of their race, religion, color, or gender
Crimes Against Property
- breaking and entering w/intent to commit a misdemeanor
Larceny
- legal term for stealing/unlawful taking and carrying away of personal property of another w/intent to deprive the owner
Theft is a misdemeanor of the first degree in Ohio when the value of property or services stolen is less than $1,000. The punishment is a term of imprisonment of not more than 180 days, a fine of not more than $1,000, or both (also known as petty larceny)
- Felony theft - property stolen worth more than $1,000 The punishment is based on the dollar amount and could be 6 months to 5 years of imprisonment.
Embezzlement
- wrongful taking of another’s property by a person who has been entrusted with that property (Ex: accountant stealing from their company)
Robbery
- wrongful taking and carrying away of the personal property of another thru violence or threats
- by using force, threats, violence
Arson
- the willful and malicious burning of the dwelling/house of another
Vandalism
- willful or malicious damage to property and may also be called criminal damaging
Who can be considered guilty of vandalism? Anyone there…even the lookout
Shoplifting
- stealing from a store