Criminal Law

Criminal Law
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serves to define offences under a codified system of laws and punishments

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where we define what crime is and how it goes about being prosecuted

Criminal Law - Homocide ◦murder (malice required)
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first degree
o intentional and premeditated killing
o killing in the course of a dangerous felony

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second degree
o intentional, but not premeditated
o ntent to cause serious bodily injury resulting in death
o death by act creating grave risk of death
o killing in the course of other mala in se felonies

Criminal Law - Homocide ◦manslaughter (no malice required)
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voluntary
o killing with the intent to kill or inflict grievous bodily injury but under the
influence of passion caused by sufficient provocation

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involuntary
o negligent or reckless homocide
o killing in the course of committing a dangerous misdemeanor

Criminal Law - Homocide

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justifiable homocide
o self defense
o defense of others
o defense of property
o prevention of felonies
o arresting a felon

Criminal Law - Homocide
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accidental death

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duty of care

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involuntary manslaughter or negligence

Criminal Law – Assault and Battery
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battery
o intentional or reckless touching of another without excuse or justification
o does not require significant blow that inflicts bodily injury

Criminal Law – Assault and Battery ◦assault
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an unlawful attempt, coupled with present ability, to commit a battery (such as a missed
punch)

Criminal Law – Assault and Battery ◦aggravated assault and battery

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when battery inflicts a serious bodily injury or assault and battery involves the use of a
deadly weapon

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assault with intent to rape

Criminal Law – Rape
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sexual intercourse by a male with a female, who is not his wife, achieved by force or
threat of force against the will of the victim

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force can include drugs administered by the male OR inability of the victim to understand
what is happening

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spousal “immunity” in some old laws has been done away with



men don’t rape men – they sodomize

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women may be charged with rape as a accomplice, (this too is changing)

Criminal Law – Rape


statutory rape involves sexual intercourse with a minor who is regarded by law as
incapable of giving lawful consent to the act

Criminal Law – Conspiracy


agreement between two or more people, beyond an undercover government agent, to
commit an unlawful act, and some degree of intent ultimate act can be impossible to carry
out everyone does not have to know everyone else involved all parties must have a
common end acts of one are acts of all

Criminal Law – Conspiracy

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for conspiracy, one overt act in furtherance of the crime by any involved party gives
liability

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if one abandons the conspiracy, he is still liable for the conspiracy, but not the resulting
act



“ overt act” need not be criminal in itself

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individuals are charged with conspiracy and the actual crime (i.e. murder), the two don’t
merge

Criminal Law – Burglary


at common law, breaking and entering into a dwelling during the night with intent to
commit a felony modern code includes any building or similar structure



day or night unlawful entry with or without a breaking people get robbed, not houses

Criminal Law – Larceny
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taking the property of another, with knowledge of their ownership, to deprive them
permanently or infringe upon their rights in a substantial way

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petit vs. grand larceny varies in $$$ amount of property

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one cannot negligently steal

Criminal Law – Embezzlement
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persons who lawfully received possession of the property of another and then wrongfully
convert that property to their own use

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real property can be embezzled

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does not require intent to permanently deprive

Criminal Law – False Pretenses
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applies to persons who induce others to transfer property to them by means of
misrepresentation, which must be to a material past or present fact that the seller know to
be false

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does not include “seller’s talk”

Criminal Law – Robbery
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a larceny with the stolen property taken from the victim in the presence of the victim and
with the taking accomplished by means of force or threat of force

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crime against person and property

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Does pickpocketing constitute a robbery?

Criminal Law – Extortion
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threat of force or harm used to achieve some sort of benefit to the criminal

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truth can be used as leverage

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benefit does not have to be monetary

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“ blackmailing”

Criminal Law – Arson
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an intentional or reckless burning or explosion of a building owned by another person or,
under limited circumstances, of a building owned by the actor

Criminal Law – Solicitation
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agreement to commit a crime

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hiring individual is just as liable as the actor

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merges into conspiracy

Criminal Law – Aiding and Abetting


involved prior to the crime, contributed to the act or induced the act, even if not involved
in the act itself

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one who orders a crime shares the same liability as the actor