Chapter 10 Flashcards
Crimes are classified as…
Felonies or misdemeanors
Felony
A severe crime that can result in imprisonment @ a state or federal jail
Misdemeanor
A less severe crime punishable by a fine or imprisonment
Petty offense
The least serious kind of criminal offense, like traffic or building code violations
To be convicted of a crime, we need…
Actus reus and Mens rea
Actrus Reus
The guilty act
Can people be punished for attempting a crime?
No, unless there were steps taken toward committing the crime
Mens Rea
The criminal’s mental intent
A defendant is criminally reckless if…
They consciously disregard the risks
Criminal negligence
When the defendant takes an unjustified and foreseeable risk that results in harm
Can you be negligent even if you were unaware of the foreseeable risk?
Yes
Strict Liability Crimes
Offenses where a wrongful mental state needed to establish criminal liability aren’t required
Corporations are held liable for…
- Crimes by employees under their employment
- If they fail to perform specific duties imposed by law
Corporate directors and officers are held liable for…
- Crimes they commit, regardless of intent
- What employees do under their supervision
Responsible Corporate Officer Doctrine
Corporate officers who knew about a criminal violation are criminally liable
What are the 4 broad categories of crime?
- Violent
- Property
- Public order
- White collar
Violent Crimes
Crimes against people
Robbery
Taking someone else’s personal property by force
Can an act be both a tort and crime?
Yes (ex: battery)
Property Crimes
Crimes involving economic gain on damaging property
Burglary
Breaking an entering w/ the intent of committing a felony
Larceny
Stealing for keeps
What’s the difference between a larceny and a robbery?
Larcenies don’t involve force or fear
Is receiving goods that’s clearly stolen a crime?
Yes, because they should’ve known it was stolen
Theft
Obtaining goods by false pretenses w/ other property crimes
Petty theft
Stealing low valued goods
Grand theft
Stealing high valued goods
Arson
Maliciously burning property
Forgery
Making/altering any writing that changes the legal rights and liabilities of another
Public order crimes
Activities that are immoral or goes against public values
White collar crimes
Nonviolent crimes committed to obtain a personal or business advantage
Embezzlement
Stealing money from entrusted persons/property
Is larceny also an embezzlement?
No because no physical property is taken
How is embezzlement typically carried out?
By an employee stealing a small chunk of funds over a long period of time
People charged w/ crimes can be relieved from criminal liability if…
They show their actions were justified
Self defense
The privilege to defend themselves, assuming the act was reasonable and necessary
Non deadly force
Force deemed necessary and reasonable for self defense
Deadly force
Force that can result in death or injury
How can deadly force be justified?
If the other outcome was immediate death and/or serious harm
Necessity (in criminal liability)
The crime was necessary to prevent an even greater harm
When is necessity justifiable?
If an immediate threat was looming and had no other choice
Insanity
The person simply didn’t have the mental capacity to commit the crime
Lacking the “mens rea”
Mistake of fact is valid if…
It negates the mental state necessary to commit the crime (no mens rea)
“It was an honest mistake!”
Mistake of Law
Ignorance/misunderstanding of the law
Isn’t a valid defence
Duress
The defendant was pressured to commit the crime
The duress defense works for most crimes, except…
Murder
Entrapment
The defendant was induced to commit the crime by a public official
Is taking advantage of an opportunity by the police entrapment?
No
Is the police pressuring the defendant to committing a crime entrapment?
Yes
Search Warrant
The authority for officers to search and seize private property
There must be _____, the reasonable grounds for believing the person’s property should be searched
Probable cause
What was the main result of Miranda v Arizona?
The police has to inform suspects of their rights before interrogating or arresting them
