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Ch. 2 Types of Crimes

Terms in this set (53)

Murder: Define, what category of crime it is, type of crime, consequences, and statute of limitation
Intentional killing of another person

Felony, most serious of all the crimes

First degree: involves one or more of:
- killing after making plants to kill
- killing in an especially vicious way, such as torture
- killing while committing another serious crime
- If none of these apply, it may be second degree
- In some states, first degree murder may result in death penalty. One of only 3 crimes where death penalty is an option.

Consequences:
- Different for each state
- Generally between 20 years to life' often without parole
- Death penalty in some states

Crimes Against people
Attempted Murder: Define, what category of crime it is, type of crime, consequences, and statute of limitation
Failed or aborted attempt to murder another person,
must have intent to kill
Consequences:
- first degree: premeditated(planning); intentional actions towards to kill.
- Usually life sentencing with possibility of parole; at least 10 years prior to parole.
- Second degree: attempted murder; acted to murder, acted WITHOUT premeditation; also includes murders that occur while committing another crime

Crimes against people
Manslughter: Define, what category of crime it is, type of crime, consequences, and statute of limitation
- Voluntary manslaughter: Causes death to a person voluntary, that would be considered murder, UNLESS the person that causes death to that person solely as a result of sudden, violent, impulsive or irresistible urge to kill.
- Involuntary manslaughter: Causes death unintentionally,

The level/category of the crime (felony, misdemeanor, infraction).
- Voluntary manslaughter: Class C felony
- Involuntary manslaughter: Class D felony

Potential consequences for the crime.
-BOTH TYPES OF manslaughter: Murder in the first or second degree, can become a registered sex offender, depending on the circumstances.
Crimes Against people.
Define a crime
An offense committed against the public good, of society.
List consequences for the most serious crimes
Fined
Imprisoned
Sentenced to death
Prosectutor
The government official who brings the case against the defendant. (Sometimes called the District Attorney).
Classifications of crimes (levels)
Felony
- A major crime; considered more impactful to public safely
- May be fined, imprisoned, or both; in some states death; sometimes have to pay victim or the victim's family
- Examples: murder, robbery, drug abuse, DUI, assault, property theft, sale to minors, forgery or counterfeit, domestic or child abuse

Misdemeanor:
- A less serious crime.
- May be fined, serve jail time in small county jail, or both
- Maximum jail time is less than a year
- Iowa: jail time up to two years
- Examples: driving without a license, shoplifting, trespassing, simple assault, hate crimes, drug possession.

Infraction
- A minor offense usually punishable with a fine and not with jail time, unless you've done it many times and decide you need to be jailed
- Also called "minor misdemeanors" or "petty crimes"
- Examples: minor traffic violations (speeding), city ordinances violations, fishing without a license.
Are all criminal law courts federal courts?
No, local and state courts can.
How does the US legal system work?
= 2 Court systems. Federal Criminal Law and State Criminal Law.
What are the 2 court systems in the US called?
Federal criminal law:
- Limited by Constitution
- Can only make national/federal level laws
- Controls the FBI (federal police force), through Commerce Clause
State Criminal Law:
- Can make criminal laws for the state
- Most are the same as other states, just named differently
- i.e., crime called 'theft' in one state, may be called 'stealing' in another.
What are the elements of a crime?
Criminal Act, Required state of mind and motive
Describe the elements of a crime.
Criminal Act:
- Criminal laws describe the specific conduct the law forbids (theft vs. robbery)
- Must be voluntary, not a person's condition (not a crime to be an alcoholic, but is a crime to drive while under the influence of alcohol)

Required State of Mind:
- Intent: the purpose to commit a wrongful act
- Negligence: carelessness
One of both of these must be present to establish a crime.

Motive:
- Often mistake as a requirement (3rd element) to prove a crime was committed (not actually required.
- Only helps to explain why a defendant did the crime.
What are the FOUR defenses for a crime? Describe what each mean.
DEFINITION: Reasons for pleading NOT GUILTY in a criminal case; ways to explain your actions.

1. Insanity:
- People cannot be held responsible for actions if they don't know what they're doing; due to a mental disease
- Doesn't know right from wrong at time of act
- Right and wrong are impossible to differentiate; cannot stop self from committing crime
- Lack substantial capacity to appreciate the crime or his/her conduct or to conform to requirements of law
- Must go to mental institution for treatment; release when "sane"

2. Entrapment:
- Police officer talks or tricks a person into committing a crime he or she wouldn't have otherwise committed.

3. Self-Defense:
- Believe self to be in danger and must use force for protection.
- In some states, must try to run away first; unless in his/her own home
- Cannot use self-defense in court if person started the confrontation or continued to use force after danger was gone.

4. Defense of Family Members:
- Believe a family member to be in danger and must use force for protection.
- Must have good reason for belief of danger.
- Cannot use defense if crime occurs after the threat of harm has passed.
Assault: Define, what category of crime it is, type of crime, consequences, and statute of limitation
Attempt to commit a battery (unlawful touching of person involving force of hand or weapon)

Misdemeanor.

Up to 3 years in prison

Crimes Against people
Battery; Define, what category of crime it is, type of crime, consequences, and statute of limitation
- Unlawful touching of a person involving a hand or weapon.

- Misdemeanor or felony, depending on situation.

- Fine or jail time, depending on severity

Crimes Against People
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