Criminal Law.

Homicide.

• Murder (malice required).
  • First Degree.
    • intentional and premeditated killing.
    • killing in the course of a dangerous felony.
  • Second Degree.
    • intentional, but not premeditated.
    • intent to cause serious bodily injury resulting in death.
    • death by act creating a grave risk of death.
    • killing in the course of other mala in se felonies.
• Manslaughter (no malice required).
  • Voluntary.
    • killing with intent to kill or inflict grievous bodily injury but under the influence of passion caused by sufficient provocation.
  • Involuntary.
    • negligent or reckless homicide.
    • killing in the course of committing a dangerous misdemeanor.
• Justifiable Homicides.
  • Self defense.
  • Defense of others.
  • Defense of property.
  • Prevention of felonies.
  • Arresting a felon.
• Accidental Death.
  • Duty of care.
  • involuntary manslaughter or negligence.

Assault and Battery.

• Battery.
  • Intentional or reckless touching of another without excuse or justification.
  • does not require significant blow that inflicts bodily injury.
• Assault.
  • An unlawful attempt, coupled with present ability, to commit a battery (such as a missed punch).
• Aggravated Assault and Battery.
  • When battery inflicts a serious bodily injury or assault and battery involves the use of a deadly weapon.
  • Assault with intent to...

Rape.

• Sexual intercourse by a male with a female, who is not his wife, achieved by force or threat of force against the will of the victim.
• Statutory rape involves sexual intercourse with a minor who is regarded by law as incapable of giving lawful consent to the act.
• Force can include drugs administered by the male or the inability of the victim to understand what is happening.
• Men don't rape men, they sodomize.
• Spousal immunity in some old laws has been pretty much done away with.
• Women may be charged with rape as an accomplice.

Conspiracy.

• Agreement between two or more people, beyond an undercover gov't agent, to commit an unlawful act, and some degree of intent.
• For conspiracy, one overt act in furtherance of the crime by any involved party gives liability.
  • if one abandons the conspiracy, he is still liable for the conspiracy, but not the resulting act.
  • overt act need not be criminal in itself.
• Ultimate act can be impossible to carry out.
• Everyone does not have to know everyone else involved.
• All parties must have a common end.
• Individuals are charged with conspiracy and the actual crime, the two don't merge.
• Acts of one are the act of all.

Burglary.

• At common law, breaking and entering into a dwelling during the night with intent to commit a felony.
• Modern code includes any building or similar structure, day or night, unlawful entry, with or without a breaking.
• People get robbed, not houses.

Larceny.

• Taking the property of another (apirtation), with knowledge of their ownership, to deprive them permanently or infringe upon their rights in a substantial way.
• Petit v. grand larceny varies in the dollar amount of the property.
• Cannot negligently steal.

Embezzlement.

• Persons who lawfully received possession of the property of another and then wrongfully convert that property to their own use.
• Real property can be embezzled.
• Does not require intent to permanently deprive.

False Pretenses.

• Applies to persons who induce others to transfer property to them by means of misrepresentation, which must be to a material past or present fact that the seller knew to be false.
• Does not include "seller's talk."

Robbery.

• A larceny with the stolen property taken from the victim in the presence of the victim and with the taking accomplished by means of force or threat of force.
• Crime against person and property.
• Pickpocketing is not robbery.

Extortion.

• Threat of future force or harm.
• Truth can be used as leverage.
• Has to be some type of benefit, not necessarily monetary.

Arson.

• An intentional or reckless burning or explosion of a building owned by another person or, under limited circumstances, of a building owned by the actor.

Solicitation.

• Agreement to commit a crime is a crime in itself.
• The hiring individual is just as liable as the actor.
• Merges into conspiracy.

Aiding and Abetting.

• Involved prior to the crime, contributed to or induced the act, even if not involved in the act itself.
• One who orders a crime shares the same liability as the actor.

 

About the Author.

The author is a corporate/legal/forensic investigator and holds a B.A. in Criminal Justice   and an M.A. in Forensic Science, specializing in counter-terrorism and questioned document examination.  He has worked with local police, at the federal level, and at the international level specializing in investigative work and executive protection.  The author currenlty works in the private sector as Manager of Investigations for a corporate investigative firm.

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