CJ - 3 7 17 - Lecture notes 14 PDF

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CJ 101 - Klutz...

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Visible Crime ● ● ●

“Street Crimes” Majority of law enforcement resources Three categories: ○ Violent Crime - involve physical injury/death ○ Property Crime - involve property being taken/destroyed ○ Public Order Crimes - minor; panhandling, vandalism

Murder and nonnegligent (voluntary) manslaughter ●

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Willful (nonnegligent) killing of one human being by another (intent is present) ○ First degree murder - Premeditated, intentional killings, felony murder (commission of a violent felony) ■ Felony murder is only exception to premeditation of first degree murder ■ Could be 30 secs - 1 min of planning beforehand, still 1st degree ○ Second degree murder - Unplanned (death of victim was distinct possibility -reckless action) ○ Voluntary manslaughter - intentional killing in which the offender had no prior intent (not premeditated) to kill ■ (“heat of passion”) ■ AKA “third degree murder” ○ Involuntary manslaughter - commit a reckless action, but no intent ■ Could be considered second degree murder in some states/cases Murder = purposeful killing, manslaughter = accidental (generally)

Forcible Rape ●

Updated definition from FBI: includes males and not just including “forcible” (could be unconscious, physically/mentally disabled, incapacitated by drugs/alcohol, etc.)

Robbery ●

Taking or attempting to take anything of value from the care, custody, or control of a person/persons by force or threat of force or violence and/or by putting victim in fear ○ Don’t have to hurt victims -- put them in a state of fear

Aggravated Assault ●

Unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury

Property Crimes ● ●

Object of theft-type offenses is taking money/property, no force/threat against victims Burglary, Larceny-theft, Motor Vehicle Theft, Arson

Burglary ● ●

Unlawful entry of a structure to commit felony/theft Use of force to gain entry does not have to occur to be classified as burglary

Larceny-Theft ● ● ●

Unlawful taking, carrying, leading, riding away w/ property from possession of another Stealing property w/o violence or fraud Ex) bicycle theft, motor vehicle parts, shoplifting, etc.

Arson ●

Willful/malicious burning/attempting to burn, w/ or w/o intent to defraud, a dwelling house, public building, motor vehicle/aircraft, personal property, etc.

Public Order Crimes ● ● ●

Acts that threaten general well-being of society and challenge accepted moral principles Ex) public drunkenness, panhandling, vandalism, disorderly conduct Concern with these minor offenses is that they will lead to more serious crime/add ot urban decay

Elements of a Crime ●

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Actus Reus - evil act (guilty act) ○ Act/conduct that is prohibited ○ Must be voluntary act or qualifying omission ■ Voluntary - performed consciously as a result of effort (involuntary doesn't count as actus reus) ■ Omission - failure to perform an act when physically capable Mens Rea - evil mind (guilty mind) ○ Level of intent to commit actus reus ○ ex) varying degrees of murder Attendant Circumstances

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Specific circumstances which must surround the actus reus (criminal act) ex) if speeding in a place where there are pedestrians, low speed limit, etc. then it is a crime, but if speeding on private property with no people in danger, it is not a crime Causation of Result ○ Result - occurs because of the commission of the actus reus ○ ex) convicted of homicide (result - death of another human)

Strict Liability ● ● ●

Narrow range of crimes that are exceptions to requirement of actus reus + mens rea = crime Offenses that are punished w/o regard to ind’s state of mind ex) Accidentally killing someone b/c thought gun was unloaded (Reckless, but no intent)

Direct vs. Circumstantial Evidence ● ●

Direct evidence - demonstrates proof beyond a reasonable doubt Circumstantial evidence (indirect evidence) - requires inference from a jury...