July 19, 2014
Week Two Study Guide
A body of rules that defines crime and punishes people convicted of committing crimes is how criminal law is defined. Classification of crimes is based on the extent or type of punishment that can be given. Felony- Imprisonment of greater than a year.
Misdemeanor- Fine or imprisonment for not more than a year.
Petty offenses or infraction- Traffic or building code violations. A prosecutor must prove the elements of criminal liability in order to convict a person of a crime. The criminal act and the state of mind are the elements of criminal liability. Actus Reus- A criminal act is called actus reus or guilty act. To be guilty of a crime a person must actually do something that is prohibited. Mens Rea- The court must find that mens rea or required state of mind was present for an act to be considered a crime. The wrongful state of mind or intent to commit a crime is the mens rea. A crime that is planned is known as an inchoate crime. There is no requirement that the planned or target offense be completed in order to be considered a crime. The crime of inciting or causing another person to commit a felony or misdemeanor involving a breach of the peace is called solicitation. The agreement between two or more persons for an unlawful purpose is a conspiracy. If the party agrees to the criminal plan solicitation leads to conspiracy. (Unit Six Lecture Material).
Property crime is the most common type of crime and it is a crime in which a criminal hopes to achieve some form of economic gain or damage property. The common types of property crimes are: Arson is the malicious burning of the dwelling of another, under common law. Burning down a person’s own home is not arson, the legal definition required for arson is the house belonging to another. Modern law statutes extend arson to include the burning of other structures besides dwellings and even personal property. It is now possible to be charged with arson for burning down one’s own home. Burglary The common law definition of burglary is the tresspassory breaking and entering into the dwelling house of another in the nighttime with the specific intent to commit a felony or theft therein. Modern law has altered the original rule of burglary to keep up with changes in culture. Now burglaries can occur at any time of the day or night which replaces the common law rule. Embezzlement is the conversion of personal property of another by a person in lawful possession of that property. Someone who is entrusted with the personal property of another converts that property for their own use. Extortion is using threats of future harm with the specific intent to induce another to relinquish property. False pretenses is when a defendant makes a misrepresentation that a victim relies on to their detriment. Forgery is the making of a false writing that has apparent legal significance with the intent to defraud. Larceny is the trespassory taking and carrying away of another’s personal property with the specific intent to deprive them of it permanently. This is considered theft or stealing. (Unit Seven Lecture Material). The worst types of crimes are the crimes against the person. They have the potential to receive the severest punishments. Some physical harm or force applied to another person that results in injury are included in these types of crime. The types of crime involving people are: Assault has two different legal definitions. Attempted battery rule is when the defendant attempted battery but did not succeed. Intentional inducement of fear rule is when the defendant’s intent is to make the victim believe they are in danger of a battery. Battery is the intentional or criminally negligent application of unlawful force to another person. False imprisonment is the intentional use of force to confine the person of another. Kidnapping is the forcible removal of any person from their own country or home or confinement by...
References: Unit Eight Lecture Material. (n.d.).
Unit Nine Lecture Material. (n.d.).
Unit Seven Lecture Material. (n.d.).
Unit Six Lecture Material. (n.d.).
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