Intro to Law- Ch. 15- Criminal Law

Felony

Serious crime punishable by imprisonment in excess of 1 year or by death.

Misdemeanor

Criminal offense punishable by a fine or by imprisonment of less than 1 year.

Actus Reus (Physical Conduct)

Element of physical conduct necessary for someone to commit a criminal act. Result of particular crime must be proved as actus reus.

Mens Rea (Mental Conduct)

Mental state required on the part of the accused as an element to convict him/her of criminal conduct.

Principals in the First Degree

Parties who actually take part in a criminal act. Actus reus, Adequate mens rea at the time of the crime.

Principal in the Second Degree

Persons who assist in crime or whose conduct enables crime.

Accessory Before the Fact

Enable or aid the principal

Accessory After the Fact

Usually applies to felonies. Persons who assist in a successful escape or concealment of criminal activity. Persons closely related to the principal are excluded (in most states).

Miscellaneous Offenses

Inchoate in characteristics of illegal possession of weapons, possession of a large quantity of drugs, burglary.

Felony Crimes

Assault, battery, theft, robbery, larceny, and homicide.

Electronic media and crime examples:

Cyber-bulling

Public safety issues

Identity and asset thefts

Invasion of privacy

Cyber-threats/terrorism

Hacking/viruses

Pornography

Fraud

Under Common Law and Model Penal Code

Greater degree of specific intent results in a more severe range of punishment for the convicted

Death is neither advocated nor discouraged as punishment under Model Penal Code. Imprisonment, monetary fines, community service.

White-Collar Crimes

Crime in the workplace, such as tax violation, burglary, theft of trade secrets, and damage of competitor property.

Persons representing corporation are its mind

Respondent superior allows corporation to be held responsible.

Justifiable Conduct

Conduct by one who, under the circumstances, is considered to be innocent of otherwise criminal behavior.

Excusable Conduct

Conduct by who, under the color of authority, is considered to be innocent of otherwise criminal behavior.

The Insanity Defense: M’ Naughten Rule: Mental Impairment

Prevents defendant from understanding criminal nature of the act. Prevented defendant from determining legality of act.