crimes and meanings pages 77-101. general considerations every crime is made up of elements. 1. act...
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Crimes and Meanings
Pages 77-101
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General Considerations
• Every crime is made up of elements.• 1. Act and intent – person intended to commit a
crime.• 2. Strict liability – do not require intent – act
itself is a crime – example is selling of alcohol whether you know it is illegal or not.
• 3. Motive – the reason a person commits a crime.
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Classes of Crimes
• Felony – penalty is more than one year in prison – more serious crimes.
• Misdemeanor – penalty is one year or less in prison.
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Parties to Crimes
• Principal – person who commits the crime
• Accomplice – person who helps someone commit a crime
• Accessory before the fact – person who orders a crime or helps the principal commit the crime but is not present
• Accessory after the fact – person who helps the principal after the crime knowing a crime has been committed.
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• Crimes of omission – occurs when a person fails to perform an act required by a criminal law.
• Ex. – failure to file a tax return, leaving the scene of an accident.
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Preliminary Crimes
• Behaviors that take place before the crime
• Complete crimes in themselves
• Can be punished even if the crime never occurs.
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Solicitation
• Requesting or strongly urging someone to do something (if that something is illegal, then it is a crime).
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Attempt
• Effort to commit a crime that goes beyond mere preparation but does not result in the commission of a crime
• Ex: attempting to shoot and kill someone, but missing the target
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Conspiracy
• An agreement between two or more person to commit a crime
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Homicide
• The killing of one human being by another
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Noncriminal Homicide
• Killing that is justifiable or excusable
Ex: Killing an enemy soldier during wartime, self defense, death penalty killings, some police officer killings
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First Degree Murder
• Killing that is premeditated, deliberate, and done with malice(intent to kill)
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Second Degree Murder
• Killing done with malice, but without premeditation
• Intent to kill did not take place before the murder took place.
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Felony Murder
• Killing that takes place during a felony such as arson, rape, robbery, or burglary.
• Not necessary to prove intent to kill
• Most states consider this first degree murder
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Voluntary Manslaughter
• Intentional killing committed under circumstances that mitigate (lessen), but do not justify or excuse the killing.
• The circumstances leading to the killing must be the kind that would cause a reasonable person to become emotionally or mentally disturbed
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Involuntary Manslaughter
• Unintentional killing resulting from conduct so reckless that it causes extreme danger of death or bodily injury.
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Negligent Homicide
• Causing death through criminal negligence
• One neglected to act and therefore caused the death
• Ex: vehicular homicide
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Negligence
• Failure to exercise reasonable or ordinary care in a situation that causes harm to someone.
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Suicide
• The deliberate taking of one’s own life
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Euthanasia
• Putting someone to death painlessly
• Can carry the same consequences as murder or manslaughter
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Assault
• Attempt or threat to carry out a physical attack upon another person
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Battery
• Unlawful physical contact inflicted upon one person by another without consent
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Forcible Rape
• Intercourse occurring without the consent of the female
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Statutory Rape
• Sexual intercourse with an underage female whether she consents or not
• A mistake of age is not a defense for the male
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Arson
• Willful and malicious burning of another person’s property
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Vandalism
• Willful destruction or damage to the property of another
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Larceny
• Unlawful taking and carrying away of the property of another with the intent to steal it.
Grand(felony)= typically $200 or more
Petty(misdemeanor)= typically under $200
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Embezzlement
• Unlawful taking of property by someone to whom it was entrusted
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Robbery
• Unlawful taking of property from someone’s immediate possession by force or intimidation
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Extortion
• Threats to obtain property
• Blackmail
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Burglary
• Breaking and entering a building with the intent of committing a felony.
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Uttering
• Offering someone a genuine document(such as a check) although you know it is fake
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Receiving Stolen Property
• Buying or receiving property you know was stolen
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Drunk Driving
• Driving while intoxicated or while under the influence.
• Determined by you BAC (Blood Alcohol Content)• The state operates behind a three-tiered definition
for DUI based on a driver's BAC:
General impairment: 0.08% to 0.099%
High BAC: 0.10% to 0.159%
Highest BAC: 0.16% and up