2.

02 Criminal Procedures

Vocab

- Crime- an action or an omission (not doing something) that violates and is punishable by law
- Actus Reus- Latin phrase used in law to refer to the physical act of committing a crime
- Mena reas- intending to commit or having knowledge of a crime, as distinguished from the
actual crime or behavior
- Misdemeanor- a relatively minor crime that is punishable by up to one year in jail
- Felony- A serious crime often involving violence; a crime punishable by more than one year in
prison or by death
- Inchoate- the offense of planning to commit a crime, whether or not the crime is carried out
- Strict liability
o Criminal law- where a person is held responsible for the consequences of their behavior,
but they did not intend to commit a crime
o Civil law- a tort where the defendant is legally responsible for the harm done even if
they were non-negligent.

Content

The Criminal mind

- Whether an act is a crime can depend on the state of mind of the person who committed the
crime
o The physical, actual act of the crime is called actus reus
o The concept of mens rea refers to uncovering whether the crime was committed by a
guilty mind
 If a person was conscious their actions were criminal but planned it or knowingly
and willfully committed the act, then the person acted in a guilty state of mind
 Kind in mind that MOTIVE is the reason the person committed the crime
 However, a guilt mind is not required for an act to be criminal
- Acts that are crimes but do not meet the guilty state of mind requirement are known as strict
liability offenses
o The act is criminal just because the act had been committed
 For instance if you leave your phone charger plugged in all day and it overheats
and it causes a fire that causes damages to your home and your neighbor’s
home, you are responsible for the damages
 You didn’t mean to cause the fire, the action is actus reus with no mens rea.
- Understanding state of mind and motive is key in prosecuting a crime.

Types of crime

- The law determines whether a case will go to state or federal court and the case’s specific type
or offense or dispute.
- There are four types of criminal offenses: misdemeanor, felony, inchoate, and strict liability
- Note that the law typically classifies felonies and misdemeanors by degree as well
o For example, a felony in the first degree is more sever than a felony of the third degree
- Examine the following types of crimes
o Crime of Omission
 It is a crime to fail to act when you are required by law and able to do
 Examples:
 Failure to pay taxes
 Hit and run accident
o Preliminary crimes
 The behavior a person exhibits while planning to commit a crime is a preliminary
or inchoate crime
 Examples:
 Solicitation- requesting or strongly suggesting that someone commit and
illegal act
 Attempt: making an effort to commit a crime without actually
committing the crime
 Conspiracy- agreeing with at least on other person to commit a crime
o Crimes Against the person
 If one person causes harm to another, they have violated the rights of the victim
and committed a crime
 Examples:
 Homicide- general term for when one human causes death to another
 Murder- the killing of a person with malice of the intent to kill them
 Manslaughter- killing of a person without malice or intent to kill them
 Kidnapping- taking a person against their will
 Assault- the threat or attempt to physically attack another person
 Battery- One person makes physical contact with another person with
the intent to cause injury
 Stalking- the constant following or harassment to another person
 Sexual Assault- when one person attempts to attack someone in an
unwanted sexual manner
o Crimes against property
 When a person damages or destroys the property of someone, including an
organization or business, it is a crime
 Examples:
 Arson- setting fire to someone’s property purposely
 Vandalism- destroying or damaging someone’s property purposely
 Larceny- taking someone’s property against their will
 Embezzlement- taking possession of someone’s property that the taker
was entrusted to keep safely
 Robbery- taking someone’s property by threating to do harm
 Extortion- using threats to take possession of someone's property
 Burglary- breaking and entering someone's home with the intention to
commit a felony
 Cybercrime- using computers or network to commit crimes
The Arrest

- Though the state and federal systems differ in some ways, they are mostly similar. Regardles