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Crime

1.

Is there a statutory definition of crime? statute = ; offence = 2. Vocabulary to commit a crime (X committed burglary). offender = a person who commits an offence suspect = ; The police arrested the suspect. public prosecutor, public prosecution = to charge a person with an offence/crime = to indict a person; indictment = written accusation of a crime; to accuse; the accused

Old and new classification of crimes


indictable offences summary offences 2. Before the Criminal Law Act 1967: treason, felony, misdemeanour 3. The Criminal Law Act 1967 . the old classification and created a new one. Today indictable offences are divided into ..
1.

Other categories of crimes


a)

b) c)

Offences against the State and public peace or order Offences against the person Offences against property burglary, robbery, rape, manslaughter, murder, unlawful assembly, fraud, forgery, conspiracy, infanticide, perjury, fraud, public mischief = vandalism, incitement to racial hatred, bigamy, assault and battery, riot, handling stolen goods, arson, sedition, malicious damage

Examples of crimes: treason, theft, robbery,

Felonies vs. Misdemeanors (today)


Criminal law in the US mixture of MPC (model for state legislature) and common law Federal crimes and most state crimes are staturory Statues codify common law concepts

Felonies punishable by imprisonment for more than one year or by death Misdemeanors incarceration for less than a year or by a fine
(some states: high misdemeanors and civil infractions parking and minor traffic offences)

Elements of offences
Infanticide Where a woman by any wilful act or omission causes the death of her child being under the age of 12 months, the balance of her mind being disturbed by the after-effects of birth. Assault an unlawful threat to injure another person; an attempt to beat another, without touching him. Battery the act of beating or injuring another person = crime of assault and battery

Elements of a crime: A wrongful act A guilty state of mind (means rea) (in some cases) causation or injury Burden of proof: To secure conviction, the prosecution must normally prove beyond reasonable doubt that the accused committed a guilty act with intent (though intent may no longer be a necessary element of some modern statutory offences.

Presumption of innocence: The accused is presumed innocent until proved by the prosecution in a court of law to be guilty. to convict, the verdict; to sentence, the sentence

Defenses to criminal liability


Failure-of-proof (FOP) defence
(tend to negate some element of the defence: mistake of law or mistake of fact); diminished capacity, intoxication

Affirmative defences
Concede all the elements of a crime and rely on some additional reason as justification (self-defence, battered women cases etc.) Duress?

When a defendant commits a crime under a threat of death or serious bodily injury Williams v. State Defendant was coerced by gang into robbery Can he claim duress?
He also borrowed money from gang leader

People v. Merhige
Mehrige was forced to drive a getaway car Accused of robbery and felony murder because the robber he assisted shot a bank clerk during the robbery Can he claim duress? Was he found guilty or not guilty?

Necessity
Defence of n. involves the effects of physical circumstances on a defendants will Does it excuse intentional killing? E.g. shipwrecked seamen kill a youth to eat his flesh to survive.

United States v. Holmes


A ship sunk in a storm Crew members threw 14 male passengers overboard to keep lifeboat afloat Does that fall under necessity?

Exemption from criminal liability


A person may be exempted from criminal liability either a) because something had deprived him of his free will and self-control (e.g., insanity, coercion or necessity), or b) because he is one of the class of persons subject to special rules (e.g., politicians, diplomats, minors under 10 years, etc.). Politicians and foreign diplomats have immunity.

Are drunkenness or intoxication a defence? General rule exception

Drunkenness or intoxication may be a defence only if it has been induced by others, without fault on the part of the accused. Voluntary drunkenness, on the other hand, is generally no defence, unless it produces temporary insanity or negates the specific degree of intent required by the offence charged, e.g., where it might reduce a charge of murder to one of manslaughter.

Other offences
Incitement, assisting offenders, concealing offences, or giving false information are offences too, and may be punished according to special rules of law. rules of law = legal rules the rule of law

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to commit the crime of vandalism to damage, to cause damage to smash the windows with a club to dent the side of the car

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gang violence youth anger unemployment

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drunk driving drunkenness and intoxication When is it a defence? General rule/exception

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illegal drugs trafficking with drugs drug dealers drug smuggling drugs in the schools

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to mug crime of mugging to attack someone and steal his wallet / her purse in public Merriam-Websters Dictionary of Law: mug to assault with intent to rob (DE Straenraub, FR vol, IT furto, ES robo, HR ?)

Criminal Justice Act (2003, UK) guidelines for sentencing 3 types of robberies: street robberies or mugging Robberies of small business Less sophisticated commercial robberies

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youth violence violence in the schools assault and battery

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murder / homicide taking evidence at the scene of the crime police officer weapon / firearm / revolver eyewitness

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burglary unlawful breaking and entering with the intention to steal burglar

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A.

B. C.

to arrest the suspect, police officer, handcuffs, to take into custody, arrested persons rights to hire an attorney, guard, defence attorney to appear in court, defendant, judge, to set the bail

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the courtroom, to stand trial jury, evidence, prosecuting attorney The prosecuting attorney addresses the jury. witness, court reporter bailiff defendant and defence attorney

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verdict The judge delivers / gives the verdict. guilty / not guilty The defendant is found guilty. sentence The judge pronounces the sentence. The defendant is sentenced to imprisonment for 7 years.

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to send to prison the convict The convict serves his time in prison. After 7 years (or perhaps earlier) the convict is released from prison. rehabilitation of ex-convict

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