Maxx Moore 3 22 15 Notes Intro Chapter 6 Lessons in Criminal Law The Nature of Criminal Law Violent Offenses Homicide Justifiable homicide Excusable homicide Murder Manslaughter The felony murder rule Assault and battery Sexual batter Robbery Kidnapping and false imprisonment Property offenses Larceny theft Burglary Vandalism Corpus Delicti body of crime Mens rea the guilty mind Exemptions for juvenile s senility mental illness etc A legal phrase used to describe the mental state a person must have been in while committing a crime for it to be intentional It can refer to a general intent to break the law or a specific premeditated plan to commit a particular offense Actus rea Elements of a crime The police officer has to be able to match up the actions of a crime to a statue What makes the act a certain type of crime The Latin term used to describe a criminal act Every crime must be considered in two parts the physical act of the crime actus reus and the mental intent to do the crime mens rea Offense seriousness Felony Punishable by more than one year confinement prison Misdemeanor Maximum confinement of one year jail In general when we have a felony the officer has to witness the event Homicide The killing of one human being by another human being in a criminal manner Lawful Homicide Justifiable The use of deadly force is justifiable when a person is resisting any attempt to murder such person or to commit any felony upon him or her upon or in any dwelling house in which such person shall be Ex police officer shooting criminals robbing a jewelry store when there have been shots fired DO NOT have to verbally warn You CAN shoot while criminals are running away Excusable Homicide is excusable when committed by accident and misfortune in doing a lawful act by lawful means with usual ordinary caution and without any unlawful intent or by accident and misfortune in the heat of passion upon any sudden and sufficient provocation or upon a sudden combat without any dangerous weapon being used and not done in a cruel or unusual manner Ex Window cleaners that didn t put up signs pedestrians do not see window cleaners Tries to play a joke by spilling water but drops bucket on woman s head and kills her Not excusable Ex Accidentally kicks a bucket off of the platform and it has the same result but it is a true accident Excusable Murder The unlawful killing of a human being 1 When perpetrated from a premeditated design to effect the death of the person killed or any human being 2 When committed by a person engaged in the perpetration of or in the attempt to perpetrate any Trafficking Arson Sexual battery Robbery Burglary Kidnapping Escape Aggravated child abuse Aircraft piracy Bombs Carjacking Home invasion robbery Aggravated stalking Murder of another human being Resisting an officer with violence to his or her person Aggravated fleeing or eluding with serious bodily injury or death Terrorism Ex hiring someone to kill somebody is still murder 1 so is trying to kill your wife and then accidentally killing her co worker Ex Drug dealer cutting drugs and someone dying from the drugs still first degree murder if you aren t present Murder 1 Death penalty Vehicular homicide killing of a human being or the killing of an unborn child by an injury to the mother caused by the operation of a motor vehicle by another in a reckless manner likely to cause the death of or great bodily to another Vessel homicide is the killing of a human being by the operation of a vessel in a reckless manner likely to cause the death of or great bodily harm to another Assisting self murder Every person deliberately assisting another in the commission of self murder shall be guilty of manslaughter a felony of the second degree punishable as provided Chapter 6 Lessons in Criminal Law 1 Assault a Verbal threat or physical gesture to do bodily harm b Coupled with the apparent ability to carry out the threat and c Creates a well founded fear in the victim i FL Statue 784 1 Simple v Aggravated 2 Battery a Striking or touching the victim b Contrary to the victim s wishes and c With the intent to harm the victim 3 Offense Seriousness see table a What makes it a felony i Presence of a weapon ii Serious bodily injury iii Disability iv Permanent disfigurement v Use of a deadly weapon Assault Battery Simple Misdemeanor Misdemeanor Aggravated Felony Felony 4 Sexual Battery a Former Rape Law i Carnal knowledge of a female by male who was not her husband without consent and with the use or threat of use of force b Any oral anal vaginal penetration or union by the sex organ of another or any object without the victim s consent and with the use or threat of force i Florida Statue 794 ii Marital exception is removed 5 Robbery a Taking money or property directly from a person and through force violence fear or harm 1 Armed presence of a weapon 2 Strong armed Includes fear but never actually brandishes a weapon 1 Deals with a certain horsepower and be able to operate on the street Bikes lawnmowers do not count a Forcibly secretly or by threat confining abducting or imprisoning another person against his her will and without legal authority a Taking using depriving a person of some property and without the person s i Florida Statue 812 13 b Various types i Armed v Strong Armed ii Sudden Snatching iii Carjacking iv Home Invasion 6 Kidnapping b False Imprisonment i Florida Statue 787 7 Larceny Theft permission i Florida Statue 812 014 b Grand Theft Felonies c Petite Theft Misdemeanor i Property under 300 i Property stolen is values at 300 or more ii Some objects firearm vehicles livestock are automatic felonies Chapter 7 Search and Seizure Searches seizures and warrants Warrantless searches and seizures Search incidental to arrest Search an examination by a governmental agent of a person place or thing intended to uncover or detect any evidence contraband fruits of a crime or instrumentalities of a crime Evidence objects that link a person to a crime Contraband items that citizens may not possess without special licensing Fruits of a Crime any benefits obtained through illegal means Instrumentality a tool used during the commission of an unlawful act Seizure the taking of a discovered item a person place or thing into custody 4th Amendment The right of the people to be secure in their persons house papers and effects against unreasonable searches and seizures shall not be violated and no warrants shall issue but upon probable cause supported by
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