UNIT 2 Part 1 CRIMINAL LAW 1 OBJECTIVES: Differentiate between federal and state laws and develop understanding between crimes against people, and crimes against property. NBEA STANDARD I: Analyze the different classifications of procedural law, and different classifications of substantive law. There is no den in the wide world to hide a rogue. Commit a crime and the earth is made of glass. Commit a crime, and it seems as if a coat of snow fell on the ground, such as reveals in the woods the track of every partridge, and fox, and squirrel. Ralph Waldo Emerson US essayist & poet (1803-1882) WHO IS OHIO S GOVERNOR? WHO IS OHIO S ATTORNEY GENERAL? CRIME PLAINTIFF DEFENDANT TREASON: punishable by:,, or. (not on PP, we already covered these) DOUBLE JEOPARDY can be for the crime in the same. You are protected under the amendment. FELONY TWO CLASSIFICATIONS OF CRIMES: and. Can shoplifting be considered a felony?. Examples: Punishable by plus more than or.
2 CRIMES AGAINST PEOPLE: AGGRAVATED MURDER 5 TYPES: no person shall purposely, and with prior calculation and design, cause the death of another or the unlawful termination of another s pregnancy. no person shall purposely cause the death of another or the unlawful termination of another s pregnancy while committing or attempting to commit, or while fleeing immediately after committing or attempting to commit, kidnapping, rape, aggravated arson, arson, aggravated robbery, robbery, aggravated burglary, burglary, terrorism, or escape. no person shall purposely cause the death of another who is under thirteen years of age at the time of the commission of the offense. no person who is under detention as a result of having been found guilty of or having pleaded guilty to a felony or who breaks that detention shall purposely cause the death of another. no person shall purposely cause the death of a law enforcement officer whom the offender knows or has reasonable cause to know is a law enforcement officer Aggravated murder ( degree murder) involves three conditions: 1. 2. 3. MURDER 1) killing but not or nor committed in. 2) Killing caused by and offender s lack of concern for. If any conditions for aggravated murder not present, degree murder. Murder: does not carry the penalty. Sentence: years to life; fine. Example:. MISDEMEANORS Less serious crime with less penalty. Penalty up to months in / jail and fine. Examples:. Which is more serious: 4 th degree misdemeanor or lst degree misdemeanor? When can fighting in school move from a misdemeanor to a felony? If use gun, add years; If have gun on you but don t use, add year.
SENTENCING IN OHIO If a defendant is found guilty at trial, or pleads guilty prior to trial, the judge determines the appropriate sentence. Sentencing is the official punishment imposed by the court for the criminal offense. This happens at a sentencing hearing. At the hearing, the prosecutor is given the opportunity to speak on behalf of the State. The defense attorney then speaks on behalf of the defendant to mitigate the offense. After hearing from both sides, the judge makes the decision. There are numerous options that a judge has in sentencing someone convicted of a criminal offense. These options include probation, counseling, community service, jail/prison time, and a host of other options. 3 RETRIBUTION DETERRENCE REFORM CULPABILITY ACTUS REAS MENS REA. Someone hurts you, you hurt back. _ Two types of deterrence: 1. - how it affects other people 2. - how it affects the individual person Under common law, what two things must be proved to determine culpability of defendant: 1. meaning 2. meaning **How can you have Mens Rea and not Actus Reus? In scenario1, was Actus Reus present? how? In scenario2, was Mens Rea present? how? In sleepwalking scenario, was Actus Reus present? how? was Mens Rea present? how? Guilty Mind broken down into two areas: 1. 2. PURPOSE KNOWLEDGE RECKLESSNESS NEGLIGENCE FOUR THINGS EVERY CRIME MUST HAVE: 1.. 2.. 3.. 4.. BURDEN OF PROOF. Kayaking incident: Second paragraph, would A is liable? Why? Third paragraph, would A is liable? Why?
BATTERY ASSAULT ASSAULT & BATTERY Unlawful.. Make the threat and do it. 1) Tries to or does another. 2) Acts in manner to put another in fear of immediate harm. 4 AGGRAVATED ASSAULT/BATTERY 1) Tries to do or does cause. 2) Causes injury through use of. HOMICIDE MALICE VOLUNTARY MANSLAUGHTER INVOLUNTARY MANSLAUGHTER HATE CRIMES FELONY MURDER RULE When is it justifiable? When is it excusable? When is it criminal? and,,. The difference between and. TWO TYPES OF MANSLAUGHTER: No intention of hurting someone but someone dies. Usually, in, or during commission of. Kills unintentionally while committing or act. violence of and to hurt/intimidate someone due to,,,,, or. If you commit one of these crimes: 1) 2) 3) 4) 5) AND IN THE PROCESS, the, you will be charged with the and --FELONY MURDER RULE. BARRK B = A = R = R = K = FELONY MURDER RULE
CRIMES AGAINST PROPERTY LARCENY. Legal term for:. PETTY LARCENY. 5 GRAND LARCENY. OBTAINING GOODS (theft) BY FALSE PRETENSES. LARCENY BY TRICK (theft). EMBEZZLEMENT (theft). CRIMES AGAINST PROPERTY (cont) BURGLARY ROBBERY Unlawful entry into a dwelling with the intent to commit a felony. Taking of personal property (usually money) by force, whether armed or through intimidation. BLACKMAIL gaining of property or money by almost any kind of force, or threat of 1) violence, EXTORTION 2) property damage, 3) harm to reputation, or 4) unfavorable government action. SCENARIO OF TWO SERVICE STATION ATTENDANTS: CHARGES AGAINST ROBBER: (hint: there could be at least three) ANY DEFENSES FOR ROBBER? ARSON TRESPASS VANDALISM PETTY THEFT Willful and malicious burning of the dwelling house of another Entering property that is not yours Willful or malicious destruction of property _ When does petty theft become a felony?. What must you prove to press charge of petty theft?. Theft first time. If $5,000 or more but less than $100,000, drugs, vehicle,. If $100,000 or more, drugs, priors,. JUSTIFICATIONS USED IN CRIMINAL DEFENSE SELF DEFENSE DEADLY FORCE Rule:. NEW LAW: Rule:. DUTY TO RETREAT
AGGRESSOR has rights. What are they? _ DEFENSE OF OTHERS. Majority view? Minority view? 6 DEFENSE OF YOUR HOME NECESSITY PUBLIC PRIVATE DURESS CONSENT ENTRAPMENT INSANITY What is the rule? Two forms of necessity: Necessity. Necessity. When can t you use duress as a defense?. Defense must show crime. EXCUSES 1) Insanity as defined above. 2)_Intoxication Get drunk, commit crime--- voluntary or involuntary? Confirmed alcoholic voluntary or involuntary? INFANCY 3) Under the age of of committing a crime. Under Common law No crime is under age of. Ages 7 14. Ages 14 & over. INCHOATE CRIMES EX: SOLICITATION CONSPIRACY AIDING AND ABETTING IN OHIO Aiding& Abetting theft if theft under.
CRIMES INVOLVING DRUGS/ALCOHOL 7 Penalty for merchant selling alcohol to underage individual: Merchant can lose, be, or both. Underage individual:. Which is more serious? Possession/use of drugs or Sale of drugs?. Motor vehicle violations. Driving is a, not a. Examples of violations:. Possible penalties:. COMPUTER Law: Computer and Act CRIME Intended to reduce of computer systems. Penalties: lst offense: years; 2 nd offense: years. EXPUNGEMENT Legal process through which an and may be from a person s. 1) You must be a, if felony: years after offender s final discharge; if misdemeanor: year after offender s final discharge. 2) There must be no criminal proceeding against you. 3) Your must have been completed to the court s satisfaction. 4) The expungement of the record of your conviction must be with the interest. A man in a hurry taking his 8-year-old son to school, made a turn at a red light where it was prohibited. "Uh-oh, I just made an illegal turn!" the man said. "Aw, Dad, it's okay" the son said. "The police car right behind us did the same thing."