REMAKE3.CRIMES

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REMAKE3.CRIMES

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  1. Crimes

    Slide 1 - Crimes

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  2. Slide 2

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  3. CRIMINAL LAW(A FORMER TEXT VERSION)

    Slide 3 - CRIMINAL LAW(A FORMER TEXT VERSION)

    • Law that defines and governs
    • actions that constitute crimes.
    • Generally, criminal law has to
    • do with wrongful actions
    • committed against society for
    • which society demands redress…
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  4. CRIMINAL LAW

    Slide 4 - CRIMINAL LAW

    • WRONGDOINGS FOR WHICH A
    • GOVERNMENTAL ENTITY SEEKS
    • TO ENFORCE, WITH A PENALTY
    • THAT WILL HAVE AN ADVERSE
    • IMPACT UPON A DEFENDANT’S
    • CONSTITUTIONAL RIGHT…
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  5. CRIMINAL LAW

    Slide 5 - CRIMINAL LAW

    • INVOLVES A WRONGDOING WHICH IS A TRANSGRESSION OF AN ESTABLIISHED SOCIETAL STANDARD AND AN INDIVIDUAL’S CONSTITUTIONAL GUARANTEE…
    • SEEKS PUNISHMENT OF THE INDIVIDUAL
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  6. CRIMINAL LAW

    Slide 6 - CRIMINAL LAW

    • A PARTICULAR JURISDICTION’S RECIPE FOR SAFEGUARDING OR PROTECTING THE WELLBEING OF ITS’ GENERAL POPULATION…
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  7. CURRENT TEXT

    Slide 7 - CURRENT TEXT

    • Acts violating criminal law are called crimes
    • Criminal law is made to punish violators and deter further violations
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  8. CRIME-TORT (MAJOR DIFFERENCES)

    Slide 8 - CRIME-TORT (MAJOR DIFFERENCES)

    • BURDEN OF PROOF
    • 1. Preponderance of evidence
    • 2. Beyond a reasonable doubt
    • PLAINTIFF vs PETITIONER
    • (State) (Private Party)
    • SEVERITY OF REMEDY/SANCTIONS
    • INDIVIDUALS vs COMMUNITY/SOCIETY
    • CONSTITUTIONAL AREAS
    • (SEE ALSO THE COMPARISON AT PAGE 15)
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  9. SOURCES OF CRIMINAL LAW

    Slide 9 - SOURCES OF CRIMINAL LAW

    • COMMON LAW CRIMES (No Federal)
    • STATUTORY CRIMES
    • CONSTITUTIONAL CRIME (Treason)
    • ADMINISTRATIVE CRIMES
    • 1. No power to adjudicate (determine guilt/innocence)
    • 2. No power to determine which regulations shall carry
    • criminal penalties.
    • MODEL PENAL CODE (Not a source of law)
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  10. CLASSIFICATION OF CRIMES

    Slide 10 - CLASSIFICATION OF CRIMES

    • FELONIES:
    • 1. IMPRISONMENT
    • 2. DEATH
    • MISDEMEANORS:
    • 1. INCARCERATION UP TO ONE YEAR
    • 2. FINE
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  11. CONCURRENT ELEMENTS

    Slide 11 - CONCURRENT ELEMENTS

    • MENS REA
    • ACTUS REUS
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  12. Slide 12

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  13. IMMUNITIES OF CHILDREN

    Slide 13 - IMMUNITIES OF CHILDREN

    • BIRTH TO 7 YEARS OLD
    • 7-14 YEARS OLD
    • OVER 14 YEARS OLD
    • AGES 14-17 YEARS
    • OVER AGE 18
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  14. DUTY TO RESCUE?(WILL ALSO BE ADDRESSED IN TORTS)

    Slide 14 - DUTY TO RESCUE?(WILL ALSO BE ADDRESSED IN TORTS)

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  15. NO DUTY TO RESCUE

    Slide 15 - NO DUTY TO RESCUE

    • A DEFENDANT’S FAILURE TO ACT WILL RESULT IN CRIMINAL LIABILITY IF THERE IS:
    • 1. A legal duty to act
    • 2. Defendant aware of facts creating the duty to act
    • 3. Reasonably possible to perform an act
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  16. LEGAL DUTY TO ACT

    Slide 16 - LEGAL DUTY TO ACT

    • STATUTE
    • CONTRACT
    • CLOSE FAMILY RELATIONSHIP
    • VOLUNTARILY ASSUMES THE DUTY
    • CREATION OF PERIL
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  17. THE BASIC ELEMENTS OF A CRIME(prima facie elements)

    Slide 17 - THE BASIC ELEMENTS OF A CRIME(prima facie elements)

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  18. TYPES OF CRIMES (TEXT)

    Slide 18 - TYPES OF CRIMES (TEXT)

    • VIOLENT CRIME (Murder, Sexual Assault, Rape, Assault and Battery, Robbery)
    • PROPERTY CRIME (Burglary, Larceny, Arson, Receiving Stolen Goods, Forgery, Obtaining Goods by False Pretenses)
    • PUBLIC ORDER CRIME (Victimless crimes-public drunkeness, prostitution, gambling, illegal drug use)
    • WHITE COLLAR CRIME (Embezzlment, Mail & Wire Fraud, Bribery, Bankruptcy Fraud, Insider Trading, Theft of Trade Secrets)
    • ORGANIZED CRIME (Money laundering/RICO-Racketeer Influenced and Corrupt Organizations)
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  19. SPECIFIC INTENTCRIMES

    Slide 19 - SPECIFIC INTENTCRIMES

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  20. SPECIFIC INTENT CRIMES

    Slide 20 - SPECIFIC INTENT CRIMES

    • Solicitation
    • Attempt
    • Conspiracy
    • First degree murder
    • Assault
    • Larceny and Robbery
    • Burglary
    • Forgery
    • False Pretenses
    • Embezzlement
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  21. INCHOATE CRIMES

    Slide 21 - INCHOATE CRIMES

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  22. INCHOATE CRIMES(COMMITED PRIOR TO AND IN PREPARATION OF)

    Slide 22 - INCHOATE CRIMES(COMMITED PRIOR TO AND IN PREPARATION OF)

    • SOLICITATION
    • ATTEMPT
    • CONSPIRACY
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  23. ASSAULT AND BATTERY

    Slide 23 - ASSAULT AND BATTERY

    • BATTERY- Unpermitted/offensive touching
    • ASSAULT:
    • 1. Attempt to commit a battery, or
    • 2. The intentional creation (other than by mere words) of a
    • reasonable apprehension in the mind of the victim of
    • imminent bodily harm
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  24. FELONY MURDER

    Slide 24 - FELONY MURDER

    • A KILLING, EVEN IF ACCIDENTAL, COMMITTED
    • DURING THE COURSE OF A FELONY…
    • Limited to felonies that are inherently dangerous
    • Defendant must be guilty of the underlying felony
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  25. MANSLAUGHTER

    Slide 25 - MANSLAUGHTER

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  26. MANSLAUGHTER

    Slide 26 - MANSLAUGHTER

    • VOLUNTARY
    • INVOLUNTARY
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  27. FALSE IMPRISONMENT

    Slide 27 - FALSE IMPRISONMENT

    • UNLAWFUL
    • CONFINEMENT OF A PERSON
    • WITHOUT HIS/HER VALID CONSENT
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  28. KIDNAPPING

    Slide 28 - KIDNAPPING

    • CONFINEMENT OF A PERSON THAT
    • INVOLVES EITHER:
    • Some movement; or
    • Concealment of the victim in a secret place
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  29. RAPE

    Slide 29 - RAPE

    • UNLAWFUL CARNAL KNOWLEDGE
    • OF A WOMAN BY A MAN, NOT HER
    • HUSBAND, WITHOUT EFFECTIVE
    • CONSENT
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  30. LARCENY

    Slide 30 - LARCENY

    • The taking and
    • Carrying away
    • The tangible personal property
    • Of another
    • By trespass (without consent)
    • With the intent to permanently deprive the person of his interest in the property
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  31. EMBEZZLEMENT

    Slide 31 - EMBEZZLEMENT

    • The fraudulent
    • Conversion
    • Of property
    • Of another
    • By a person in lawful possession of that property
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  32. ROBBERY

    Slide 32 - ROBBERY

    • A taking
    • Of personal property of another
    • From the other’s person or presence
    • By force or intimidation
    • With the intent to permanently deprive him of it
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  33. FORGERY

    Slide 33 - FORGERY

    • Making or altering
    • Of a false writing
    • With intent to defraud
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  34. BURGLARY

    Slide 34 - BURGLARY

    • A breaking
    • And entry
    • Of the dwelling
    • Of another
    • At night
    • With the intent
    • To commit a felony therein
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  35. GENERAL INTENT CRIMES

    Slide 35 - GENERAL INTENT CRIMES

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  36. GENERAL INTENT CRIMES

    Slide 36 - GENERAL INTENT CRIMES

    • COMMON LAW MURDER
    • ARSON
    • BATTERY
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  37. MURDER

    Slide 37 - MURDER

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  38. MURDER

    Slide 38 - MURDER

    • THE UNLAWFUL KILLING OF A HUMAN
    • BEING WITH MALICE AFORETHOUGHT
    • Intent to kill; or
    • Intent to inflict great bodily injury; or
    • Reckless indifference to an unjustifiably high risk to human life; or
    • Intent to commit a felony
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  39. ARSON

    Slide 39 - ARSON

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  40. ARSON

    Slide 40 - ARSON

    • The malicious
    • Burning
    • Of the dwelling
    • Of another
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  41. STRICT LIABILTY CRIME(CRIME WITHOUT FAULT)

    Slide 41 - STRICT LIABILTY CRIME(CRIME WITHOUT FAULT)

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  42. SEXUAL ASSAULT (First Degree)

    Slide 42 - SEXUAL ASSAULT (First Degree)

    • §707-730  Sexual assault in the first degree. 
    • (1)  A person commits the offense of sexual assault in the first degree if:
    • (a)   The person knowingly subjects another person to an act of sexual penetration by strong
    • compulsion;
    • (b)   The person knowingly engages in sexual penetration with another person who is less than
    • fourteen years old;
    • (c)   The person knowingly engages in sexual penetration with a person who is at least fourteen
    • years old but less than sixteen years old; provided that
    • (i)  The person is not less than five years older than the minor; and
    • (ii)  The person is not legally married to the minor;
    • (d)   The person knowingly subjects to sexual penetration another person who is mentally
    • defective; or
    •     (e)   The person knowingly subjects to sexual penetration another person who is mentally incapacitated or physically helpless as a result of the influence of a substance that the actor knowingly caused to be administered to the other person without the other person's consent.
    • Paragraphs (b) and (c) shall not be construed to prohibit practitioners licensed under chapter 453 or 455 from performing any act within their respective practices.
    •   (2)  Sexual assault in the first degree is a class A felony.
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