Criminal Law: Types of Crimes and Their Legal Elements - Prof. Moeller, Exams of Political Science

Download Criminal Law: Types of Crimes and Their Legal Elements - Prof. Moeller and more Exams Political Science in PDF only on Docsity! Crime: Murder: 1) Unlawful 2) Killing 3) of a human being 4) by another human 5) with malice aforethought 1st degree murder: - 1) Unlawful 2) Killing 3) of a human being 4) by another human 5) with malice aforethought AND - a) premeditation/deliberation OR - b) the deceased is a member of a special class as defined by statute Voluntary Manslaughter - 1) Unlawful 2) Killing 3) of a human being 4) by another human 5) with malice aforethought AND - A) mitigating factors o Provocation o Imperfect self defense o Diminished capacity OR - Intent to cause serious bodily harm but not death Involuntary Manslaughter - 1)Unlawful 2) Killing 3) of a human being 4) by another human 5) with malice aforethought AND - A) recklessness - B) Negligence - C) while committing an illegal act not classified as a felony Non-Killing Crimes Battery -1) Unlawful application of force 2) to the person of another 3) resulting in either bodily injury or offensive touching Aggravated Battery 1) Unlawful application of force 2) to the person of another 3) seriously bodily injury Assault - 1) the apparent, present ability to carry out 2) an unlawful attempt 3) to commit a violent injury 4) upon another AND - a)w/o mitigating circumstances o self defense, consent, prevention of a crime, defense of property Model Penal Code Rape - guilty if acting purposefully, knowingly, or recklessly regarding each of the material elements of the offense, he has sexual intercourse with a female under any of the following circumstances 1) the female is less that 10 yrs of age 2) the female is unconscious 3) he compels the female to submit by force or by threatening her or another person with imminent death, grievous bodily harm, extreme pain, or kidnapping 4) administers drugs or intoxicants in a manner that impairs the females ability to appraise or control her conduct Burglary English Version 1) Breaking 2) Entering 3) Dwelling House 4) At night time 5) With the intent to commit a felony therein Burglary American Version 1) Entering 2) A building, automobile, or boat 3) Unlawfully 4) With the intent to commit theft or any related crime Beyond a Reasonable Doubt - State of case after all comparison and consideration of evidence leaves the mind of jurors so that they cannot feel an abiding conviction to a moral certainty of the truth of a charge Misdemeanor: Jail for less than 1 yr (less serious) Felony: Prison for more than 1yr (more serious) Punishment - Utilitarian: victims are part of society. How do you balance their interests v. society interests - Retribution: not clear what makes an individual whole - Proportionality: Penalty must fit crime - Furman Test o Punishments that violate 8th amendment  Degrades human diginity  Severe punishment inflicted in a wholly arbitrary fashion  A severe punishment that is clearly and totally rejected t/o society o This would encourage the ignorance defense and people would not be held accountable for their actions Causation - Between general actus reus and mens rea - Time constraints on causation (statute of limitations) (Statutory requirements) o But-for test - Things to take into account o Substantial factor  Rarely used  Useful for multiple actions or causes (the mob) o Acceleration o Medical Causation - Proximate Cause o Think of it as delayed reaction. A causes B and B leads to death - Oxendine v State o Repeated beating of a child over a period of time by two separate parties leads to death of young boy  Outcome: Assault charge instead of manslaughter since he did not cause nroe accelerate the death of the child - Kibbe v. Henderson o Men robbed victim and left him out in the cold where he was run over o A jury must be instructed on causation - Velazquez v. State o The victim dies in a drag racing incident; initially guilty of vehicular homicide; charges were dismissed. Murder/Killing - 1st degree murder: unlawful killing of a human by another human w/ malice aforethought + a)premeditation/deliberation b) the victim is a member of a special protected class o Most serious form of murder o 1) severity of the action 2) sentence o Only common crime punishable by death - 2nd degree murder o All other murders that meet criteria 1-5 and fall into category of manslaughter o Also called murder in states that have capital murder o Midgett v. State Felony Murder Rule - Define: felonies in England historically were all death penalty crimes o Established certain death for failed felonies that resulted in the death o “All murder which is committed in the perpetration of, or attempt to perpetrate, arson, rape, robbery, burglary, mayhem, or lewd acts with a minor, is murder of the first degree”