Criminal Law - Crimes & Elements

homicide

death caused by the actions of another person --> not all illegal like self defense, police shootings, and war 

murder

intend to cause death of another person (mens rea) and cause the death of another person (actus rea)

murder: 1st degree

premeditated, appreciable time between intent/act 

murder: 2nd degree

all other intention murders – no premeditation 

felony murder

• intend to commit felony, robbery, kidnap, SA 

• While committing that felony or in flight there from 

• An innocent person dies while felony is committed 

• If occurs, all accomplies are liable for death, punished same as murder 

deadly weapon doctrine

use of deadly weapon = intent to kill

manslaughter

• unlawful killing “malice after thought” common law 

• No intent to kill victim 

• Elements: acting recklessly and causes the death of another person, intent to merely injure person and cause death of another 

negligent homicide

• lesser crimes than manslaughter (misdemeanor) 

• Elements: acting with criminal negligence – person fails to perceive a known risk and disregard life and safety of others --> causes death of another 

assault

intentional threat/show of force, places reasonable person in fear, of imminent attack, no actual contact physically needed, only fear of it

battery

intentional consensual physical contact with another person that causes physical pain 

sexual assault (rape)

• common law, sexual intercourse with another person without consent accomplished by the use or threat/force 

• Any penetration is enough 

• No requirement that the victim try to fight off the attack 

• Must prove no consent BRD 

• Lesser penalties when elements change slightly: forceful sexual touching no penetration, unwanted touching but no force 

statutory rape

sexual intercourse with a person in a protected class: age, mental capacity, special relationships – consent by protected person is irrelevant, strict liability 

kidnapping

unlawful taking/confinement with movement (asportation) of another person accomplished through force, fraud, or deception

arson

• intention burning or property 

• Enhanced penalty for dwelling insurance proceeds, person injured – may include explosion  

burglary

• unlawful entry/remaining of building with an intent to commit a crime therein 

• Dwelling at night, armed, purpose of sex/assault – intend to commit a crime 

larceny

• unlawful taking/keeping of property of another and the intent to permanently deprive the property 

• Stealing 

• Embezzlement: convert lawfully acquired property with intent to defraud the owner  

robbery

• unlawful taking/keeping of property of another and the intent to permanently deprive the property BUT with use of threat/force 

• Weapon, shoving someone, verbal threat, force used to flee, person injured 

• Every robbery is a larceny but not every larceny is a robbery 

• Can also be assault with the threat of fear is used 

federalism

several different levels of government, each with jurisdiction and lower levels of some independent power

state crimes

murder, sexual assault, robbery, assault, arson, drugs (where the state legislature makes it a crime and they are enforced by state and local police)

federal crimes

drug importation and sale, computer child pornography, computer fraud, terrorism (passed by congress--> fit under the federal government in constitution)

criminal law

• conduct punished by a fine, imprisonment, or death 

• Crimes are intentional wrongdoing --> liberty at stake 

civil law

one suing another for damages 

mens rea and actus reus

• Intent = mens rea “gulity mind” 

• Bad act = actus reus “gulity act” must be voluntary 

• ^Need both to produce criminal liability 

mens rea

guilty mind, intent

actus reus

guilty/bad act, must be voluntary

misdemeanor

crime punishable by less than or equal to 1 year in prison 

felony

crime punishable by more than or equal to 1 year in prison 

crimes against people

murder, assault, battery, manslaughter, homicide, rape, kidnapping 

crimes against property

arson, burglary, larceny, robbery 

degrees

categorized by severity of crime by change in element, doing some act which make the same crime more/less severe such as larceny