100%(2)2 out of 2 people found this document helpful
This preview shows page 27 - 30 out of 63 pages.
prove criminal intent if there’s strong evidence15-17 – if violent crime, likely to be tried as an adultoPunishment is different = go to juvenile, but mainly rehabilitation because they’re still impressionable Insanity oDon’t think rationally oRarely ever succeeds Intoxication oVoluntarily = rarely a good defenseoInvoluntarily = can be a good defenseMistakeoThe law was not reasonably made known to the public oThe defendant reasonably relied on an erroneous but official statement of the lawEntrapment oIf police not only create an opportunity for a criminal act but also persuade the defendant to commit a crime that he or she wouldn’t commit otherwise Self-Defense oPermits only the degree of force reasonable under the circumstancesoDeadly force can be used if D has a reasonable belief that imminent death or grievous bodily injury will otherwise result oCan’t shoot in back of fleeing assailant 27
Immunity oD’s often agree to testify against other criminals in return for consideration at time of sentencing and perhaps immunity from some charges Theft oLarceny = just regular theftPetty = misdemeanor (shoplifting)Grand = large items, felonyOver $500Varies from state to stateoBurglary Trespassing without permission and intent to commit a crime inside Burglary with a weapon = aggravated burglary oFalse Pretenses Obtaining goods by false pretenses or by knowingly making a false representation of existing fact to defraud victim of property oEmbezzlement The fraudulent conversion of the property of another by one who has possession of it Can be anything they are entrusted with Treasurer takes $10 mil from company Always a felony Specialized StatutesoRobbery = stealing from someone in their presence by use of force or threat of forceWeapon = aggravated robbery Not stealthy or pickpocketing oForgery False making or altering of a legal document with intent to defraudArson oMalicious burning of the dwelling house of another oPeople who burn own home for insurance money which is also fraudMail and wire Fraud oUse of mail or telephone/TV to defraud oMake false representations to sell productsTravel Act28
oAnyone who travels in interstate commerce and uses commerceDistribute the proceeds of illegal activity Commit any crime of violence or further any unlawful activity Promote, manage, establish any unlawful activity Hobbs ActoPunishes anyone who “in any way or degree obstructs, delays or affects commerce or the movement of any article or commodity in commerce by robbery or extortion”Racketeer Influenced and Corrupt Organizations Act (RICO)oOriginally created to attack organized crime, especially its infiltration into legitimate businessoProvides both criminal penalties and civil suits for damagesoCivil Liability Civil remedies for winning party Attorney’s fees are paid by loserCourt costsTreble damages = pay 3x what the actual damages areoCriminal Liability Fines up to 250k 20-year conviction