Madison Regan

Law Notes · Chapter 3 – Criminal Law

Section 3.1 What Is a Crime?

Crime – act against the public good; punishments are in the law
State must protect the public good – prosecution is the state government’s responsibility; the state is the prosecutor
The state or federal government is the plaintiff
Prosecutor is the government attorney who presents the case in court against the person accused
The person accused - defendant
Jurors give the verdict (what crime committed, guilty/not guilty); judge imposes the judgement - sentencing (punishment)

Each state has its own terminology and punishments

Punishments depends on the crime
Make sure that what you try someone with is within the definitions of the law

Felonies and Misdemeanors

Felonies are worst, more aggravated (weapons, etc)
Felony – major crime punishable by either prison sentence or death (punishable by hard labor in some states)
Ex. Murder, manslaughter, burglary, robbery, arson
Misdemeanor – less serious crime with a less severe penalty (punishable by a fine, city jail, county jail)
Ex. Driving under the influence (can possibly be a felony), buying alcohol underage (lying about it), leaving a crime
scene
Some states say minor misdemeanor or a petty offense – traffic and parking violations

Both systems make and enforce criminal law, but the source of their power for making the law differs
Can only create legislation within their power

State Criminal Law

States have police power, detects, etc to protect their people
Even though they have laws that protect the people, laws change from state to state, can have different penalties
and names

Federal Criminal Law

No police power – gives it to the state
Has the FBI, CIA, DEA – Drug Enforcement Agency
Federal criminal law must be within their limits (treason – going against the government; treason is defined in the
U.S. Constitution)
 Double jeopardy – you can’t be tried for the same crime/act in the same court (can be tried for the same crime in a
different court – criminal court then civil court)
In criminal court it has to be without a reasonable doubt; civil court just needs a majority

Elements of a Crime – criminal act and the required state of mind

Motive is not an element

Defenses to Crime – show that the prosecution failed to prove the required elements for the crime charged to the client

 Insanity – can’t be held responsible if they do not know what they are doing
M’Naughten Rule – used 2/5 of states; oldest legal test of insanity developed in England in 1843; defendant must be proven
to suffer from a mental disease so serious that he or she did not know the nature or moral inappropriateness of an illegal
action at the time it was committed
The American Law Institute (ALI) – more modern insanity; not responsible if as a result of a mental disease they lack the
capacity to know the criminality of their conduct; 3/5s of states
Punishment – go to rehab, mental institutions, and sometimes still sent to prison; only released when they are found to be
sane

 Entrapment – if a law enforcement officer induces a law-abiding citizen to commit a crime, the person can use a defense
known as entrapment (has to be someone that without the officer they wouldn’t have done the crime)

 Self-defense – good reason to think you were in harm; person claiming self-defense has to try to retreat before resorting
to force; other person has to make the first move; if the attack occurs in your own home, you do not need to retreat; have
to show that they did not use excessive force in the situation

 Defense of Family Members – it is ok to use force to rescue a family member from attack; must have good reason to
believe the victim was in danger of severe bodily injury or death

Section 3.2 Particular Crimes

Crimes Against People:

Murder – the unlawful killing of another human being with malice aforethought (evil intent)
First degree murder (aggravated murder) – one or more of the following: killing with premeditation, killing in a gruesome,
cruel way (torture, etc), or killing while committing a felony (robbing a place and killing them, killing after raping, etc)
Second degree murder – If none of the restrictions of 1 st degree murder apply, not premeditated
Third degree murder – ex. didn’t actually commit the murder but was an accomplice

Manslaughter – the unlawful killing of another human being without malice aforethought
Voluntary – meant to do it, but you didn’t premeditate and you did it because you were annoyed; you did it suddenly
(reaction); upset right before the killing
Involuntary – your intent wasn’t to kill; occurs when on person, while committing an unlawful or reckless act, unintentionally
kills another (drag racing, under the influence)

Assault – an attempt to commit a battery (point, shooting the gun)

Battery – the unlawful touching of another person (the bullet hitting them)
Often go together
Simple assault and battery – misdemeanors
Aggravated assault and battery (with a deadly weapon or with the intent to kill) – felony

Kidnapping – the unlawful removal or restraint of a person against his or her will (often usually includes unlawful
imprisonment for ransom, terrorism, torture, rape, or to commit a felony)

Sex Offenses – broadened the laws; any sort of sexual misconduct, statutory rape (help underage victims); if the underage
person gives consent, it does not matter – statutory rape (statutory rape = rape underage) (anyone considered a minor is
supposed to be protected, and the law says that); sex between two minors = illegal
Date rape – also serious crime; sexual assault by a friend or date

Domestic violence- any form of physical or mental abuse within the household including children

Hate crimes – using certain symbols, writings, pictures, or spoken words to cause fear or anger in people because of their
race, religion, color or gender; also known as hate speech
The courts said hate crime statutes must be drafted very narrowly and not specify the content of the hate speech

Crimes Against Property:

Burglary – breaking and entering of a dwelling house at night with the intent to commit a felony (not just at night anymore,
and you don’t need to break)

Larceny – the legal term for stealing; below $300 is a misdemeanor; over $300 is a felony

Embezzlement – the wrongful taking of another’s property by a person who has been entrusted with that property (ex.
Treasurer of a club takes money for themselves)

Robbery – the wrongful taking and carrying away of the personal property of another through violence or threats; stolen
from the person

Arson – the willful and malicious burning of the dwelling, building, house of another (once was just homes, but now other
buildings); the scorching or blackening of a part of a building is not enough to be considered arson; some portion of the
building must have been on fire so that the wood or other building material is charred to be considered arson
Vandalism – willful or malicious damage to property and may also be called malicious mischief or criminal damaging; look
out is liable as well

Shoplifting – the act of stealing goofs from a store; (or concealing) varies the charge depending on what you took; can be
charged before the act is complete (Intent to shoplift; property is hidden on yourself, but you haven’t left the store)

Motor Vehicle Violations – not following the laws; driving without a license; drag racing; joy riding
A driver’s license is a privilege; therefore, it can be taken away from you at any time (even if it doesn’t involve driving
because you don’t have enough sense to be driving)

Crimes Involving Controlled Substances:

Most commonly used drug in the United States = alcohol
Ex. Underage drinking, lying to get alcohol, if a bartender gives someone too much alcohol knowing they had too much, if
a bartender serves alcohol to a pregnant woman (in some states); laws are tightening up; person who buys you alcohol (if
you are underage) can be charged, possessing illegal drugs, selling drugs to others

Computer Crimes – anything using a computer that is not legal

Trying to hack someone’s computer – fraud
Computer Fraud and Abuse Act and the National Information Infrastructure Act of 1996 – try to prevent these things
Hard to keep up with – hackers are always ahead

Word Bank:
Defendant – a person who is accused of a crime
Crime – an act against the public good that is punishable by a fine, imprisonment, or both
Vandalism – the willful or malicious causing of damage to property; lookouts can be charged
Double Jeopardy – forbidden by the Fifth Amendment; no person can’t be tried twice for the same crime in the same court
Misdemeanor – less serious crime with a less serious penalty such as a fine or a brief imprisonment in a county or city jail
Alcohol – most commonly used drug in the United States
Marijuana – possession, distribution, or sale of can violate federal crimes depending on the state
Plaintiff – the plaintiff that accuses a person of a crime; in a crime case, the government represents the public at large as
the plaintiff
Required State of Mind – the second element of a crime in addition to the criminal act; accidental vs. intentional
Murder – the unlawful killing of another human being with malice aforethought
Felony – major crimes punishable by imprisonment or death
Motive – plays no part in proving criminal liability; if a person has committed a forbidden act with the required state of
mind, then he or she is criminally liable, regardless of motive
Treason – time crime of betraying one’s country; named and defined in the U.S. Constitution; including levying war against
the United States; U.S. citizen denying their government

Pg. 61 Section 3.1 Assessment #1-4:

 1. What determines the difference between a felony and a misdemeanor?
A felony is a major crime punishable by imprisonment or death. The punishment set for a particular crime
determines whether it is a felony. A less serious crime with a less severe penalty is a misdemeanor, which
are penalized by a fine or brief imprisonment in a county or city jail.
2. How do state and federal criminal law differ?
The source of their power for making criminal law differs. State governments have inherent police power,
allowing them to make statues to protect the public health, safety, welfare, and morals. The federal
government not have police power. The federal government is able to create criminal statues only in areas
over which it has jurisdiction.
3. What are the elements of a crime?
A crime is defined by two elements: the criminal act and the required state of mind. A criminal act can be
conduct that is forbidden or failure to act. A criminal act must also involve voluntary conduct. A person
cannot be accused of a crime if that accusation is based on one’s physical or mental status of condition.
The second element establishing a crime is the required state of mind. A statue can define something as
intentional or involuntary (accidental). The crime changes according to the state of mind of the person
committing the act.
4. What are the major criminal law defenses?
The most common criminal law defenses include insanity (can’t be held responsible if they don’t know
what they are doing), entrapment (law enforcement officers induce a law-abiding citizen to commit a
crime), self-defense (they believe they are in danger of serious injury or death), and defense of family
members (using force to rescue a family member from attack – most states will not punish; must have
good reason to believe the victim was in danger of severe bodily injury or death).

Pg. 73 Section 3.2 Assessment #1-4:

1. What are the major crimes committed against people?
Murder – unlawful killing of another human being with malice aforethought
Manslaughter – unlawful killing of another human being without malice aforethought (voluntary and
involuntary)
Battery – the forceful use of a person’s hand, knife, or gun against another
Assault – an attempt to commit a battery
Kidnapping – the unlawful removal or restraint of a person against his or her will
Sex offenses, domestic violence, and hate crimes (using certain symbols, writings, pictures, or spoken words to
cause fear or anger in people because of their race, religion, color or fender)
2. What are the major crimes committed against property?
Burglary – breaking and entering with the intent to commit a misdemeanor
Larceny – stealing
Embezzlement – the wrongful taking of another’s property by a person who has been entrusted with that
property
Robbery – the wrongful taking and carrying away of the personal property of another through violence or
threats
Arson – the willful and malicious burning of house, dwelling, or building
 Vandalism – willful or malicious damage to property
Shoplifting – the act of stealing goods from a store
3. What are the major crimes that involve controlled substances?
The major crimes that involve controlled substances are crimes involving alcohol and drugs. Some crimes
involving alcohol are selling alcohol to someone underage, buying alcohol underage, or lying about your age
to buy alcohol. Some crimes involving drugs are the possession, distribution, sale, or giving away of drugs.
4. Identify federal legislation pertaining to computer crime, fraud, and abuse.
The federal government passed the Computer Fraud and Abuse Act and the National Information
Infrastructure Act of 1996. The Computer Fraud and Abuse Act is specifically aimed at computer hackers. The
National Information Infrastructure Act is designed to outlaw the practice of extorting money or other favors in
exchange for not causing a computer system to crash.

Pg. 76 #19-23 Case Assignment:

19. Several years ago, four Los Angeles police officers were tried in the state court of California for assaulting Rodney King
while attempting to arrest him after a lengthy car chase. The jury found the defendants not guilty. Despite this state court
decision, the defendants were put on trial again in federal court. Did the second trial violate the Fifth Amendment
prohibition against double jeopardy? Why or why not?

No, the second trial did not violate the Fifth Amendment prohibition against double jeopardy because the officers
were tried in two separate courts—state court then federal court.

20. Julius Davidson is arrested for shoplifting. He asks his attorney to plead not guilty by reason of insanity. Davidson
believes that he will be free if he is found not guilty by reason of insanity. Is he correct? Why or why not?

No, he is not correct because people who are found not guilty by reason of insanity do not automatically go free.
Rather, they are committed to institutions and must undergo periodic psychiatric examinations. These people are released
only when they are found to be sane.

21. Shane and Kira were riding through town one Saturday evening when two classmates challenged them to a drag race.
Shane, who was driving, agreed. When they were picked up by the police, Kira believed she would not be criminally liable
because she was just a passenger. Is she correct? Why or why not?

No, Kira is not correct. She would be criminally liable because all those who participate in drag racing can be held
liable, not just the drivers.

22. Pyrrah is part of a group of students who decide to break into the high school and spray paint the hallways. Pyrrah
agrees to act as lookout, believing that she will not be criminally liable if they are picked up by the police. Is she correct?
Why or why not?

No, she is not correct because she would be criminally liable. To be guilty of vandalism, a person does not have to
be the one who actually does the damage; anyone who supports the crime of vandalism by acting as a lookout can also be
charged.
23. Ben Feeney runs a pawn shop. He often accepts stolen merchandise, sells it, and splits the profits with the thief. Lt. Jose
Urena sends several undercover police officers to the shop, and they catch Ben in the act of fencing stolen goods. At trial,
Ben’s attorney tries to use the defense of entrapment. Will this defense work? Why or why not?

No, using the defense of entrapment would not work because Ben was not a law-abiding citizen. The crime was
already being committed even without the involvement of the police officers; therefore, the defense of entrapment is not
valid in this case.

Test Information:
1. Know the difference between first degree murder, second degree murder, involuntary manslaughter, and voluntary
manslaughter.
a. First degree murder (aggravated murder) – one or more: killing with premeditation, killing in a cruel,
torturous way, killing while committing a felony (rape or robbery) – can be found guilty of the death
penalty
b. Second degree murder – if none of the above apply
c. Murder – the unlawful killing of another human being with malice aforethought
d. Manslaughter – the unlawful killing of another human being without malice aforethought
e. Voluntary manslaughter – occurs when one person intends to kill another but does so suddenly and as a
result of great personal distress; the wrongdoer must have become very upset before the killing
f. Involuntary manslaughter – occurs when one person, while committing an unlawful or reckless act,
unintentionally kills another
2. Know the difference between burglary, larceny, embezzlement, and robbery.
a. Burglary – breaking and entering of a dwelling house with the intent to commit a felony or misdemeanor
b. Larceny – legal term for stealing; petty or grand; the unlawful taking and carrying away of the personal
property of another with the intent to deprive the owner of the property
c. Embezzlement – the wrongful taking of another’s property by a person who has been entrusted with that
property
d. Robbery – the wrongful taking and carrying away of the personal property of another through violence or
threats; involves taking “from the person”
3. Know when something is considered self-defense and in defense of family members. When is in not considered
that?
a. Self Defense – when people have good reason to believe they are in danger of serious injury or death, they
can use force to protest themselves (self-defense)
i. Must retreat before resorting to force unless it occurs in their own home
ii. Must show that they did not start the altercation
iii. Must show that they did not use excessive force to stop the attack
b. Defense of Family Members – using force to rescue a family member from attack
i. Must have good reason to believe the victim was in danger of severe bodily injury or death
4. Defenses and what must be present for a person to claim that defense?
a. Look at others
5. Know about entrapment.
 a. Must be a law-abiding citizen; defense must show that the crime would not have been committed without
the inducement of a law enforcement officer
6. Know what happens when someone uses the defense of insanity.
a. American law recognizes that people cannot be held responsible for their actions if they do not know what
they are doing. This recognition makes insanity a valid defense to criminal conduct. Must pass test of
insanity.
b. People who are found not guilty by reason of insanity do not automatically go free. Rather, they are
committed to institutions and must undergo periodic psychiatric examinations. These people are released
only when they are found to be sane.
7. Know about shoplifting. What is it listed under?
a. Stealing/larceny – can be accused of shoplifting if you are in or out of the store; even if you haven’t taken
something you can charged with the intent to shoplift (concealment of merchandise)
b. Under 300 dollars – misdemeanor
c. Over 300 dollars – felony
8. Know the difference between simple assault and battery and aggravated assault and battery.
a. Aggravated uses a deadly weapon or with the intent to murder, commit rape, or commit robbery – felony
(felonious assault)
b. Simple – misdemeanor
9. Know the difference between the federal crime powers and those the state have.
a. Both make and enforce criminal law, but the source of the power is different
b. State – police power (statues protecting the public health, safety, welfare, and moral of the state’s citizens);
varies from state to state
c. Federal – no police power, but they have the FBI and CIA; laws that have to do with the federal
government
10. Know the difference between grand larceny and petty larceny.
a. Petty larceny – theft of value less than 300 dollars (misdemeanor)
b. Grand larceny – theft of value over 300 dollars (felony)
11. Know about the M’Naughten tests and what other tests there are for proofs of insanity?
a. M’Naughten test – oldest legal test of insanity – to be deemed legally insane under this rule, a defendant
must be proven to suffer from a mental disease so serious that he or she did not know the nature or moral
inappropriateness of the illegal action at the time it was committed; 2/5 of states use it
b. The American Law Institute (ALI) – more modern test for insanity; person is not considered responsible if
“as a result of mental disease or defect he or she lacks substantial capacity either to appreciate the
criminality of his conduct or to conform to the requirements of law”.; 3/5 of states use it
12. Know about double jeopardy. Where do you find information about that?
a. No person can be tried twice for the same crime in same court
b. Found in the Fifth Amendment of the Constitution
13. Know about crime, what are the elements, and what is not an element.
a. Considered an act against the public good
b. Two elements: Criminal act and the Required state of mind
c. Motive is not an element
14. Scenarios and study the cases. What crime has the person committed, etc? Look above
15. Know who the prosecutor is in a criminal case? Who is the defendant?
a. In criminal cases, the government is the plaintiff. The person accused is the defendant. The government
attorney who presents the case in court against the person accused (defendant) is the prosecutor.

**Prosecutor – the government attorney who presents the case in court against the person accused