criminal law pt 1 - CLASS 10: CRIMINAL LAW, PART I CLASS...

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CLASS 10: CRIMINAL LAW, PART I
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1. Terminology of Criminal Law 2. Classification of Crimes 3. Business Crimes/Theft (Larceny, Embezzlement, False Pretenses) 4. Damage Suits / RICO (Racketeer Influenced and Corrupt Organizations Act 5. Essential Elements (Act – Criminal Intent/ Actus Reus and Mens Rea) – Specific Intent Crimes 1. Capacity – Minors and Crimes 2. Corporate Liability 3. Defenses to Criminal Prosecutions 4. Review Questions Chapter 6 2 CLASS 10: CRIMINAL LAW, PART I
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1. Conduct is criminal because a legislative body (Congress or a State Legislature) has declared it to be wrongful and has authorized punishment if it occurs. 2. Malum in Se: Crimes which are per se wrongful – evil by their very nature (example: murder). 3. Malum Prohibitum: Crimes which are created by legislative bodies (example: online gambling). 4. Prosecution: Word used to describe criminal proceedings; Prosecutor – name of attorney who represents the people. Criminal cases typically have this type of caption: U.S. v. John Doe, State of Ohio v. John Doe 5. CRIMES ARE AGAINST SOCIETY AS A WHOLE – thus the attitude of the victim is technically immaterial. Thus, things like return of property stolen, payment for damages caused, and forgiveness by a victim for a crime are not defenses to criminal conduct. 6. Burden of Proof: In a criminal case, BEYOND A REASONABLE DOUBT. The prosecution must prove the defendant’s guilt with such quantity of proof that a reasonable person viewing the evidence would have no reasonable doubt about the guilt of the defendant. Chapter 6 3 TERMINOLOGY/BACKGROUND OF CRIMINAL LAW
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1. One way is to classify crimes by the purpose for which the conduct is prohibited by society (Examples: Protection of Property, Protection from Sexual Abuse, Protection of Government) 2. Second Method: By the punishment that the courts can impose on the wrongdoer after the government’s prosecutor has proven that the criminal conduct occurred. Traditionally, these have been classified as treason, felonies and misdemeanors. 3. Treason: Levying war against the United States or giving “aid and comfort” to enemies of the United States. Punishment is often death. 4. Felonies: Offenses typically defined by a statute to include all crimes punishable by incarceration in a penitentiary. 5. Misdemeanors: Offenses typically defined by a statute to include all crimes punishable by short imprisonment (less than one year) in the local jail. Fines may also be levied. Chapter 6 4 CLASSIFICATION OF CRIMES
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TYPICAL FELONIES Aggravated Assault, Arson, Bribery, Burglary, Embezzlement, Forgery, Kidnapping, Larceny (grand), Manslaughter, Mayhem, Murder, Price Fixing TYPICAL MISDEMEANORS Battery, Disorderly Conduct, Gambling, Larceny (petty), Prostitution, Public Disturbance, Simple Assault, Traffic Offenses, Trespass Chapter 6 5 CLASSIFICATION OF CRIMES
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This note was uploaded on 03/19/2012 for the course BUL 3310 taught by Professor Staff during the Spring '12 term at Florida State College.

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criminal law pt 1 - CLASS 10: CRIMINAL LAW, PART I CLASS...

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