WHAT IS A CRIME? A crime is an act or omission in violation of public law which commands or forbids that act or omission. Keep in mind that if there were no laws, there would be no crime.
ELEMENTS OF A CRIME: An act can only be considered a criminal offense if it has previously been made a crime, either by statute or common law. The person accused of the crime must be deemed legally capable of committing a crime. To constitute a crime, the act must be accompanied by a specific punishment.
CLASSIFICATION OF OFFENSES: Treason- waging war against the United States, or giving aid and comfort to enemies during war; punishable by death or imprisonment.
Felony- an offense punishable by death or imprisonment in a state penitentiary or correctional institution for more than one year.
Misdemeanor- any crime below the grade of felony; not punishable in a state penitentiary, can be jailed for up to one year. Petty offense- below the grade of misdemeanor.
CRIMINAL ACTS: mala in se- any acts which are considered wrong in themselves, based upon the principles of natural, moral, and public law.
mala prohibita- acts which should not be wrong but for the fact that positive law forbids them.
ELEMENTS OF ACTS: Actus Reus (Prohibited Act)- conscious, intentional act, or failure to act where legal duty requires act.
Mens Rea (Criminal Intent)- Intentional act not wrong by itself is adequate for statutory misdemeanors (i.e., selling liquor to a minor). Intentional commission of act with general intent to commit a wrongful act (i.e., voluntary manslaughter). Intentional commission of act with specific intent (i.e., burglary).
TYPES OF CRIMES:
CRIMES AGAINST THE PERSON:
Homicide- killing of a human being by another human being.
Murder- unlawful killing of a human being by another with malice aforethought, either express or implied.
Express malice- actual intent to kill
Implied malice- death results from intent to cause serious injury, or act creating great risk to others.
First degree- intent to kill with deliberatioin and premeditation.
Second degree- killing with malice aforethought, but without deliberation or premeditation.
Felony-murder- any death resulting from felony. No intent to kill necessary, only intent to commit a felony.
Manslaughter-unlawful killing of a human being by another without malice aforethought.
Voluntary- intentional killing without malice under mitigating circumstances. May include killing in the heat of passion before defendant cooled off.
Involuntary- unintentional killing, or doing lawful act with criminal negligence, or failure to perform legal duty showing criminal negligence.
Negligent homicide or vehicular homicide- usually involves operation of motor vehicle (usually)
Robbery- involves felonious taking and asportation of the personal property of another, either by trespass, by force, or putting in fear.
Assault- demonstration of an unlawful intent by one person to inflict injury upon another person who is then present.
Battery- unlawful application of physical force.
Rape-unlawful sexual intercourse without consent. Penetration is required. Consent is a defense. No consent if given due threat or reasonable fear of harm, legal consent impossible (age), or consent obtained through trick or fraud.
Kidnapping- unlawful detention of another person without legal authority.
CRIMES AGAINST PROPERTY:
Larceny- wrongful taking of the property of another with intent to steal.
False pretenses- crime of obtaining property whereby the accused makes an intentionally false statement concerning a material fact which the victim of the offense relies on and parts with title and posession of property.
Embezzlement- fraudulent conversion of property by one who has rightfully come into posession.
Receiving stolen property- property must be received, property must have been stolen, accused must know that it was stolen, accused must receive the property by wrongful intent.
Forgery- the false making or alteration of any writing with intent to defraud when the writing, if genuine, would be the foundation of some legal liability.
OTHER CRIMES: Crimes involving judicial procedure- perjury and bribery. Sex offenses- bigamy, adultery, fornication, sodomy.
DEFENSES: Excuse or justification (i.e., consent or self-defense), Accused did not have criminal intent (i.e., duress or necessity), Alibi, Iimmunity from prosecution, Statute of limitations, Double (or former) jeopardy, Entrapment.
JUDICIAL PROCEDURE: (steps) Arrest, Accusation, Arraignment, (Pleas- guilty, not guilty, nolo contendere), Judgement, Sentencing, Punishment, Appeal.
CRIMINOLOGICAL THEORY: Here is a Glossary of Criminal Justice Terminology (brief, but effective) and, amazingly different (and more comprehensive), is the Glossary of Criminology.
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