Criminal Law

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

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

Criminal Law - Homocide murder (malice required)

first degree
o intentional and premeditated killing
o killing in the course of a dangerous felony

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)

voluntary
o killing with the intent to kill or inflict grievous bodily injury but under the
influence of passion caused by sufficient provocation

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

Criminal Law - Homocide

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

Criminal Law - Homocide

accidental death

duty of care

involuntary manslaughter or negligence

Criminal Law Assault and Battery

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

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

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

assault with intent to rape

Criminal Law Rape

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

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

spousal immunity in some old laws has been done away with

men dont rape men they sodomize

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

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

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

individuals are charged with conspiracy and the actual crime (i.e. murder), the two dont
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

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

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

one cannot negligently steal

Criminal Law Embezzlement

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

real property can be embezzled

does not require intent to permanently deprive

Criminal Law False Pretenses

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

does not include sellers talk

Criminal Law Robbery

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

crime against person and property

Does pickpocketing constitute a robbery?

Criminal Law Extortion

threat of force or harm used to achieve some sort of benefit to the criminal

truth can be used as leverage

benefit does not have to be monetary

blackmailing

Criminal Law Arson

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

agreement to commit a crime

hiring individual is just as liable as the actor

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

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