Chapter 2: Criminal Law

Aim: How do criminal law protect us? Crime: is an act against the public good punishable by a fine or imprisonment or both. I. Classifications of Crimes 1. Prosecutor- the  state or federal government representing the public. 2. Defendant- is a major crime punishable by improvement or death. I. Felonies: is a major crime punishable by imprisonment or death II. Misdemeanors: a less serious crime with a less severe penalty in some states this is called a petty offense. (Fine and Imprisonment) II .Elements of a crime 1. Criminal Act 2. Required State of mind 3. Motive I. Criminal Act: statutes that define a crime explains the conduct that is forbidden. In order for something to be considered a criminal act, there must be a statute that defines a criminal act. Homework: 1. Murder 2. Burglary 3. Prosecutor 4. Robbery 5. Misdemeanor 6. Crime 7. Sentence 8. Felony 9. Assault Assault and Battery– both considered a crime and a civil offense. 1. Battery- unlawful touching of another with the intent to cause harm. 2. Assault- is an attempt to commit battery. 3. Aggravated Assault and Battery- II. Crimes against Property A. Burglary- the breaking and entering of a dwelling “house” at night with the intent to commit larceny(Intended). “Daytime Break ins”  Robbery- unlawful taking of property accompanied by violence or threats. 15-25 years in jail(Class B). Larceny- stealing unlawful taking of one’s property. Petty Larceny- <300$ A Misdemeanor  Grand Larceny>300$. New York: 1.”b” one million (15-25 years) 2. “c”50,000 (7-15 years). 3. “d” 3,000 (4-7 years). “e” 1,000 (1-4 years). Embezzlement- the unlawful taking of another property that has been entrusted in you (Bank teller, Stock Broker). Murder is the intent to kill someone. Homicide is self-defense if you kill someone. Arson- the willful and malicious burning of property/dwelling. Crimes against business interests- “White collar crimes”. A level of fraud and deceit. A. Forgery B. Bribery C. Extortion. (Larceny by false pretenses) Forgery- false making or changing of a writing with the intent to deceit and monetarily gain from. Bribery- to pay to influence an individual actions. The individual must be a public official. Extortion- accepting of a bribe. Defenses to crimes: Insanity- American Law Insanity( McNaughton test) Entrapment- when an individual is influenced to commit a  crime by a public official that he or she may have not normally committed.  self defense, defense of family members.
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