Law and Issues Mr.
Thacker
CHAPTER TWO/PART
ONE: The Criminal and Juvenile System
I. Nature and Causes of Crime
A. Historically--1988 12 million crimes increased by 50% since 1978, new stats since 1993
1. Social
2. Moral
3. Values
4. Drugs
5. Hunger
1. More crime in large cities (urban)
2. More crime in 15-24 age group. (Violent)
3. Males 5x more than females
C. The Cost of Crime
Effects Everyone
1. Legal System
2. Police Force
3. Prison
4. Theft
5. Fear
D.
Aiding the Victim--There are many social
groups which help the victims of crime
but often the court will, force the criminal to pay.
1. Who are the targets?
2. Restitution--Compensate the victim
1. Deterrence
2. Receiving punishment vs. Hand-slap
3. Morality
4. Family Life
II. General
Considerations--single acts can be both civil and criminal, but no state may
pass ex post facto laws or no act is a crime unless
there was a law on the books signifying it as one.
A. Introduction --
Reynolds v. US
B. State and Federal
Crimes-- Levels of crimes-State vs. Federal
1. State- Disorderly conduct, drunk driving,
shoplifting
2. Federal- Taxes, mail fraud, espionage.
1. Elements -- conditions that make an act a
crime.
2. Act -- the physical crime
3. Intent -- person intended or meant to commit
the crime.
4. Strict Liability -- a crime regardless of the
knowledge of the person committing the crime.
5. Motive -- the reason a person commits the
crime
D. Class of Crimes
1. Felony
2. Misdemeanor
1. Principal- One
who commits a crime
2. Accomplice-
Helps a person who commits a crime.
3. Accessory before the Fact- One who helps but
isn't actually at the crime scene.
4. Accessory after
the Fact- One who helps a person escape after a crime.
F.
Crimes of Omissions--In this case a person
becomes guilty of a crime because he fails to act.
1. Fail to pay
taxes
2. Physically able
to perform
III. Preliminary Crimes--Crimes which occur prior
to the actual violation.
A. Introduction
B.
Solicitation- A crime to solicit (ash, urge,
advise etc.) another person to commit a crime.
C.
Attempt- Simply
making an attempt
1. Must have
intent
2. Have to take
steps
3. Grey Areas
a. Attempt vs.
preparation
b. Shooting
example
D. Conspiracy- A
agreement to commit a crime- a preventative
measure
1. Freedom of speech
2. Freedom of
assembly or association
3. Overt Act
Requirement-An act which can be cited.
IV. Crimes Against the Person
A. Introduction--Crimes such as homicide,
assault, battery and rape are serious crimes which may receive a harsh sentence
B.
Homicide--A killing of one human by another,
is the most serious of all crimes
1. Non criminal homicide--When a killing is
deemed justified because the killer
was faultless
a. Soldier
b.
Executioner
c. Police officer
d. Self defense
2.
Criminal Homicide--Murder which is deliberate
and done with malice-having intent
a.
First
Degree-Premeditated deliberate and done with malice
b. Second Degree-This murder is deliberate and
done with malice but not premeditated
c. Felony Murder-I a killing which takes place
during certain felonies such as arson,
rape, robbery, burglary
d. Voluntary Manslaughter-An intentional killing
committed under circumstances that
mitigate (lessen) but not justly.
--loss of
control--
e.
Involuntary Manslaughter-Unintentional killing recklessness
C. Negligent
Homicide--Death through criminal negligence.
Ex. --Careless driving--
1. Assault--Attempt or threat to carry out a
physical attack upon another person.
a. The
threatened person must be in danger
b. There
must not be intent
2.
Battery--Unlawful, un-consented to physical contact
a. Injury
not necessary
b. Intent to
do bodily harm
3. Degrees of
Assault and Battery
a. Aggravated-Assault with intent to murder,
rob, rape or do bodily harm. (with
deadly weapon)
b. Assault
with A Deadly Weapon
c.
Handguns
E. Rape (sexual assault) (both partners)
1.
Forcible
Rape--Sexual intercourse with out partners consent
2.
Statutory Rape--Sexual intercourse with a
partner who has not yet reach age of consent
3. Rape...........must have been sexual
penetration of the female by the male
4. Consent--Force
or threats, unconscious, drugs
5. Prostitution--
They can be raped
V. Crimes against Property
A. Arson--Willful and malicious burning of
another persons property defraud an insurance comp.
B. Vandalism--Malicious mischief willful
destruction or causing damage to property can be a felony or misdemeanor
C. Larceny--Unlawful taking and carrying away of
property with intent to steal it.
1. Grand- <$100
and felony
2. Petty- >$100
and misdemeanor
3. Lost property-
Wallet
D. Embezzlement--Unlawful taking of property by
someone to who it was entrusted. --Bank
teller--
E. Robbery--Taking
property by force (immediate possession)
1. Robbery is
almost always a felony
2. Pickpocket is
larceny
3. Armed Robbery
F. Extortion--Known as "Black Male"
use of threats to obtain the property of other. Future injury.
G. Burglary--Unauthorized entry into any
structure with intent to commit a crime
H. Forgery--Altering a written document with the
intent to defraud. (signing without permission) Uttering-- offering someone
I.
Receiving Stolen Property--Receiving or buying property which is know or
suspected to have been stolen
1. Greater $100
--Felony
2. At least
$100--Misdemeanor
J. Unauthorized Use of a Motor Vehicle--When a
person takes, operates, a removes without owners consent --Occupants--
VI. Controversial Crimes--Are crimes against
society-covering issues of personal
conduct, public health, and social welfare- sometimes referred to as victimless crimes.
A. Introduction
B. Drug Offenses
1. Possession, distribution, or sale of certain
drugs is a crime of federal or state laws
2. Controlled
Substance Act-Classified drugs into five groups depending on use abuse and
misuse
3. Penalties
a.
Manufacture, distribute or sell -15yrs and up to $25,000
b. Second
offence is usually double the first
c.
Possession is usually a misdemeanor sometimes felony
C. Sex Offenses-(Not rape molestation)-Crimes
against public morality or decency.
1. Introduction
2.
Bigamy--Marrying a person while still married to someone else
a. Basic
unit is the family
b. Felony
3.
Adultery--Sexual act with another person other than your spouse
a. Grounds
for divorce
b. A crime
in many states
c. Law is
never enforced
4. Homosexuality--being sexually and emotionally
oriented toward a person of the same sex
a. Is a
condition and not a crime
b. Most states distinguish as obscene and
indecent and therefore a crime.
5.
Prostitution--The performance of sexual act for money
a. Illegal,
except in Nevada
b. Consenting
individuals
D. Suicide and
Euthanasia
1. Suicide--The
taking of ones own life
a. Punished ad a felony burial in unmarked grave
and forfeit of belongings
b. Attempted
Suicide--Rarely enforced
2. Euthanasia (Mercy Killing)--Act of putting to
death those who are terminally ill.
a. Values
and morals
b. Illegal
in every state and is a homicide
VII. Defenses--Prosecutor must establish a case,
the defendant is not required to
present a defense the government must prove its cases.
A. No Crime Has Been Committed --criminal shows
no crime was committed or no criminal intent
B. Defendant did not
Commit the Crime--In other words there was an alibi
C. Defendant Committed a
Crime but Justified
1. Self Defense or
Property
a. Self
defense when attacked
b. Defense
of another person
c.
Reasonable force
2. Duress and
Necessity--Violating criminal law to avoid
greater harm
a. Duress--An act excused by showing, the
accused was not acting of his /her
free will.
b. Necessity--Defendant act because there is no
alternative
D. Defendant Committed
by not Criminally Responsible
1. Infancy--Children-Usually under 7 are
considered unable to commit a crime-not tried by turned over to juvenile court
2. Intoxication
3. Insanity