UNIT 2Part 1 CRIMINAL LAW

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UNIT 2Part 1 CRIMINAL LAW

There is no den in the wide world to hide a rogue. Commit a crime and the earth is made of glass. Commit a crime, and it seems as if a coat of snow fell on the ground, such as reveals in the woods the track of every partridge, and fox, and squirrel. Ralph Waldo Emerson
US essayist & poet (1803 - 1882)

WHO IS OHIO’S GOVERNOR?______

WHO IS OHIO’S ATTORNEY GENERAL?______

CRIME______

punishable by:______, ______, or ______.

(not on PP, we already covered these)

PLAINTIFF______.

DEFENDANT______.

TREASON:______.

DOUBLE JEOPARDY______can be______for the ______

crime in the same ______. You are protected under the____amendment.

TWO CLASSIFICATIONS OF CRIMES:

______and ______.

Can shoplifting be considered a felony? ______

FELONY ______.

Examples:______

Punishable by ______plus

more than______or ______.

CRIMES AGAINST PEOPLE:

AGGRAVATED______

MURDER______

5 TYPES:

no person shall purposely, and with prior calculation and design, cause the death of another or the unlawful termination of another’s pregnancy.

no person shall purposely cause the death of another or the unlawful termination of another’s pregnancy while committing or attempting to commit, or while fleeing immediately after committing or attempting to commit, kidnapping, rape, aggravated arson, arson, aggravated robbery, robbery, aggravated burglary, burglary, terrorism, or escape.

no person shall purposely cause the death of another who is under thirteen years of age at the time of the commission of the offense.

no person who is under detention as a result of having been found guilty of or having pleaded guilty to a felony or who breaks that detention shall purposely cause the death of another.

no person shall purposely cause the death of a law enforcement officer whom the offender knows or has reasonable cause to know is a law enforcement officer…

Aggravated murder (______degree murder) involves three conditions:

1.______

2.______

3.______

MURDER1)______killing but not ______or ______

nor committed in ______.

2) Killing caused by ______and offender’s lack of

concern for ______.

If any conditions for aggravated murder not present, ___ degree murder.

Murder: does not carry the ______penalty.

Sentence: ______years to life; ______fine. Example:______.

MISDEMEANORSLess serious crime with less ______penalty. Penalty up to ______months in ______/______jail and ______fine.

Examples:______.

Which is more serious: 4th degree misdemeanor or lst degree misdemeanor?____

When can fighting in school move from a misdemeanor to a felony?______

If use gun, add ______years; If have gun on you but don’t use, add ______year.

SENTENCING IN OHIO

If a defendant is found guilty at trial, or pleads guilty prior to trial, the judge determines the appropriate sentence.

Sentencing is the official punishment imposed by the court for the criminal offense. This happens at a sentencing hearing.

At the hearing, the prosecutor is given the opportunity to speak on behalf of the State. The defense attorney then speaks on behalf of the defendant to mitigate the offense.

After hearing from both sides, the judge makes the decision.

There are numerous options that a judge has in sentencing someone convicted of a criminal offense. These options include probation, counseling, community service, jail/prison time, and a host of other options.

RETRIBUTION______. Someone hurts you, you hurt back.

DETERRENCE______.

Two types of deterrence:

1. ______- how it affects other people

2. ______- how it affects the individual person

REFORM______.

CULPABILITY______.

Under common law, what two things must be proved to determine culpability of defendant:

ACTUS REAS 1. meaning ______

MENS REA 2. meaning ______

**How can you have Mens Rea and not Actus Reus?

In scenario1, was Actus Reus present?______how?______

In scenario2, was Mens Rea present?______how?______

In sleepwalking scenario, was Actus Reus present?______how?______
was Mens Rea present?______how?______

Guilty Mind broken down into two areas: 1.______

2. ______

FOUR THINGS EVERY CRIME MUST HAVE:

PURPOSE1.______.

KNOWLEDGE2.______.

RECKLESSNESS3.______.
NEGLIGENCE4.______.

BURDEN OF PROOF______.

Kayaking incident: Second paragraph, would A is liable?_____

Why?______

Third paragraph, would A is liable?______

Why?______

BATTERYUnlawful ______.

ASSAULT______.

ASSAULT Make the threat and do it. 1)Tries to or does ______

& BATTERY another.

2) Acts in ______manner to put another in fear of immediate harm.

AGGRAVATED

ASSAULT/BATTERY 1)Tries to do or does cause ______. 2)Causes injury through use of ______.

HOMICIDE______.

When is it justifiable?______

When is it excusable?______

When is it criminal? ______and ______

______, ______, ______

MALICE______. The difference between ______

and ______.

TWO TYPES OF MANSLAUGHTER:

VOLUNTARYNo intention of hurting someone but someone dies. Usually ______,

MANSLAUGHTERin ______, or during commission of ______.

INVOLUNTARYKills unintentionally while committing ______or ______act.

MANSLAUGHTER

HATE CRIMESviolence of ______and ______to hurt/intimidate someone

due to ______, ______, ______, ______,

______, or ______.

FELONY If you commit one of these crimes: 1)______2)______

MURDER 3)______4)______5)______

RULEAND IN THE PROCESS,the ______, you will be charged

with the ______and ______--FELONY MURDER RULE.

BARRKB = ______

A = ______

R = ______

R = ______

K = ______

CRIMES AGAINST PROPERTY

LARCENY______.

Legal term for:______.

PETTY LARCENY______.

GRAND LARCENY______.

OBTAINING GOODS (theft)______

BY FALSE PRETENSES ______.

LARCENY BY TRICK (theft)______.

EMBEZZLEMENT(theft)______

______.

CRIMES AGAINST PROPERTY (cont)

BURGLARYUnlawful entry into a dwelling with the intent to commit a felony.

ROBBERYTaking of personal property (usually money) by force, whether armed or through intimidation.

BLACKMAILgaining of property or money by almost any kind of force, or threat of 1) violence, EXTORTION 2) property damage, 3) harm to reputation, or 4) unfavorable government action. SCENARIO OF TWO SERVICE STATION ATTENDANTS:

CHARGES AGAINST ROBBER:______

(hint: there could be at least three)

ANY DEFENSES FOR ROBBER?______

ARSONWillful and malicious burning of the dwelling house of another

TRESPASSEntering property that is not yours

VANDALISMWillful or malicious destruction of property

PETTY THEFT ______.

When does petty theft become a felony?______.

What must you prove to press charge of petty theft?______.

Theft first time ______.

If $5,000 or more but less than $100,000 , drugs, vehicle, ______.

If $100,000 or more, drugs, priors, ______.

JUSTIFICATIONS USED IN CRIMINAL DEFENSE

SELF DEFENSERule:______.

NEW LAW:______

DEADLY FORCERule:______.

DUTY TO RETREAT ______.

AGGRESSOR has rights. What are they?______

______.

DEFENSE OF OTHERS______. Majority view?______

Minority view?______

DEFENSE OFWhat is the rule? ______

YOUR HOME______.

NECESSITY______.

Two forms of necessity:

PUBLICNecessity ______.

PRIVATENecessity______.

DURESS______.

When can’t you use duress as a defense?______.

CONSENT______.

ENTRAPMENT______.

Defense must show crime ______.

INSANITY______

______

EXCUSES

1) Insanity as defined above.

2)_Intoxication

Get drunk, commit crime--- voluntary or involuntary?

Confirmed alcoholic – voluntary or involuntary?

INFANCY3) Under the age of ______of committing a crime.

Under Common law – No crime is under age of ______.

Ages 7 – 14 ______.

Ages 14 & over—______.

INCHOATE CRIMES ______EX:______

SOLICITATION______.

CONSPIRACY ______.

AIDING AND______.

ABETTINGIN OHIO—Aiding& Abetting – theft ______if theft under ______.

CRIMES INVOLVING DRUGS/ALCOHOL

Penalty for merchant selling alcohol to underage individual:

Merchant can lose ______, be ______, ______or both.

Underage individual:______.

Which is more serious? Possession/use of drugs or Sale of drugs?______.

Motor vehicle violations. Driving is a ______, not a ______.

Examples of violations:______.

Possible penalties:______.

COMPUTER Law: Computer ______and ______Act

CRIMEIntended to reduce ______of computer systems.

Penalties: lst offense: ______years; 2nd offense: ______years.

EXPUNGEMENT Legal process through which an ______and ______

may be ______from a person’s ______.

1) You must be a ______, if felony: ______years

after offender’s final discharge; if misdemeanor: ______year after

offender’s final discharge.

2) There must be no criminal proceeding ______against you.

3) Your ______must have been completed to the court’s satisfaction.

4) The expungement of the record of your conviction must be ______

with the ______interest.

A man in a hurry taking his 8-year-old son to school, made a turn at a red light where it was prohibited. "Uh-oh, I just made an illegal turn!" the man said.
"Aw, Dad, it's okay" the son said. "The police car right behind us did the same thing."