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1-1.0
1.0
1.0: Prelude to Introduction to Criminal Law
*Elementary notions of fairness enshrined in our constitutional jurisprudence dictate that a person receive fair notice not only of the conduct that will subject him to punishment but also of the severity of the penalty that a State may impose.* **-* *[BMW of North America, Inc. v. Gore](http://scholar.google.com/scho...
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2-2.4
2.4
2.4: The Burden of Proof
##### Learning Objectives 1. Define the burden of proof. 2. Distinguish between the burden of production and the burden of persuasion. 3. Compare the civil and criminal burden of proof. 4. Compare inference and presumption. 5. Compare circumstantial and direct evidence. The key to the success of a civil or criminal t...
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3-3.7
3.7
3.7: End-of-Chapter Material
## Summary The US Constitution protects criminal defendants from certain statutes and procedures. State constitutions usually mirror the federal and occasionally provide more protection to criminal defendants than the federal Constitution, as long as the state constitutions do not violate federal supremacy. Statutes c...
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2-2.3
2.3
2.3: The Court System
##### Learning Objectives 1. Compare federal and state courts. 2. Define jurisdiction. 3. Compare original and appellate jurisdiction. 4. Identify the federal courts and determine each court’s jurisdiction. 5. Identify the state courts and determine each court’s jurisdiction. Every state has *two* court systems: the ...
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5-5.0
5.0
5.0: Prelude to Criminal Defenses, Part 1
*A person who unlawfully and by force enters or attempts to enter a person’s dwelling, residence, or occupied vehicle is presumed to be doing so with the intent to commit an unlawful act involving force or violence…* *- Fla. Stat. Ann. §776.013(4), cited in Section 5.3.3 "Defense of Habitation"* *![31630461f41c1ebdd9...
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1-1.2
1.2
1.2: Criminal Law and Criminal Procedure
##### Learning Objective 1. Compare criminal law and criminal procedure. This book focuses on **criminal law**, but it occasionally touches on issues of **criminal procedure**, so it is important to differentiate between the two. Criminal law generally defines the *rights* and *obligations* of individuals in society...
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3-3.6
3.6
3.6: Excessive Punishment
##### Learning Objectives 1. Compare an inhumane procedure with disproportionate punishment under the Eighth Amendment. 2. Identify the most prevalent method of execution pursuant to the death penalty. 3. Ascertain crime(s) that merit capital punishment. 4. Identify three classifications of criminal defendants who can...
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0-6
6
Preface
Welcome to *Criminal Law*, your guide to a fascinating yet challenging topic. This engaging and interactive textbook will enhance your ability to be successful in academics or a career in criminal justice. ## Content *Criminal Law* begins with the foundations of law and the legal system and then extensively explores ...
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6-6.0
6.0
6.0: Prelude to Criminal Defenses, Part 2
*The use of drugs or controlled substances, dependence on drugs or controlled substances or voluntary intoxication shall not, as such, constitute a defense to a criminal charge…* *- [Or. Rev. Stat. § 161.125(1)](https://www.oregonlaws.org/ors/161.125), cited in Section 6.2.2 "Intoxication"* ![A glass filled with ice,...
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2-2.2
2.2
2.2: The Branches of Government
##### Learning Objectives 1. Identify the three branches of government. 2. Ascertain the head of the federal and state legislative branches of government. 3. Compare the Senate and the House of Representatives. 4. Ascertain the head of the federal and state executive branches of government. 5. Ascertain the head of th...
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1-1.4
1.4
1.4: Classification of Crimes
##### Learning Objectives 1. Ascertain the basis for grading. 2. Compare malum in se and malum prohibitum crimes. 3. Compare the punishment options for felonies, misdemeanors, felony-misdemeanors, and infractions. 4. Compare jail and prison. Crimes can be classified in many ways. Crimes also can be grouped by subject...
false
5-5
5
5: Criminal Defenses, Part 1
* [5.0: Prelude to Criminal Defenses, Part 1](https://biz.libretexts.org/Bookshelves/Criminal_Law/Introduction_to_Criminal_Law/05%3A_Criminal_Defenses_Part_1/5.00%3A_Prelude_to_Criminal_Defenses_Part_1 "5.0: Prelude to Criminal Defenses, Part 1") : This page discusses Florida Statute §776.013(4), which establishes ...
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2-2.1
2.1
2.1: Federalism
##### Learning Objectives 1. Define federalism. 2. Ascertain the sections of the Constitution that give Congress regulatory authority. 3. Ascertain the basis for Congress’s authority to enact criminal laws. 4. Compare federal regulatory authority with state regulatory authority. 5. Compare federal criminal laws with s...
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6-6
6
6: Criminal Defenses, Part 2
* [6.0: Prelude to Criminal Defenses, Part 2](https://biz.libretexts.org/Bookshelves/Criminal_Law/Introduction_to_Criminal_Law/06%3A_Criminal_Defenses_Part_2/6.00%3A_Prelude_to_Criminal_Defenses_Part_2 "6.0: Prelude to Criminal Defenses, Part 2") : This page states that according to the Oregon Revised Statutes, dru...
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3-3.5
3.5
3.5: The Right to Bear Arms
##### Learning Objective 1. Ascertain the constitutional parameters of an individual’s right to possess a handgun under the Second Amendment. Although the federal Constitution specifically references a right to bear arms in the **Second Amendment**, the US Supreme Court has not interpreted this amendment in a signifi...
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1-1.3
1.3
1.3: The Difference between Civil and Criminal Law
##### Learning Objectives 1. Compare civil and criminal law. 2. Ascertain the primary differences between civil litigation and a criminal prosecution. Law can be classified in a variety of ways. One of the most general classifications divides law into civil and criminal. A basic definition of civil law is “the body o...
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2-2.0
2.0
2.0: Prelude to The Legal System in the United States
*The requirement of proof beyond a reasonable doubt has this vital role in our criminal procedure for cogent reasons. The accused, during a criminal prosecution, has at stake interests of immense importance, both because of the possibility that he may lose his liberty upon conviction and because of the certainty that h...
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4-4.4
4.4
4.4: End-of-Chapter Material
## Summary Crimes are made up of parts, referred to as elements. The criminal elements are criminal act or actus reus, criminal intent or mens rea, concurrence, causation, harm, and attendant circumstances. Only crimes that specify a bad result require the causation and harm elements. Criminal acts must be voluntary ...
false
2-2
2
2: The Legal System in the United States
* [2.0: Prelude to The Legal System in the United States](https://biz.libretexts.org/Bookshelves/Criminal_Law/Introduction_to_Criminal_Law/02%3A_The_Legal_System_in_the_United_States/2.00%3A_Prelude_to_The_Legal_System_in_the_United_States "2.0: Prelude to The Legal System in the United States") : This page emphasi...
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3-3.4
3.4
3.4: The Right to Privacy
##### Learning Objectives 1. Ascertain the constitutional amendments that support a right to privacy. 2. Ascertain three constitutionally protected individual interests that are included in the right to privacy. The federal Constitution does not explicitly protect privacy. However, several of the amendments in the Bi...
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1-1.5
1.5
1.5: The Purposes of Punishment
##### Learning Objective 1. Ascertain the effects of specific and general deterrence, incapacitation, rehabilitation, retribution, and restitution. Punishment has five recognized purposes: *deterrence*, *incapacitation*, *rehabilitation*, *retribution*, and *restitution*. ## Specific and General Deterrence Deterren...
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4-4.3
4.3
4.3: Causation and Harm
##### Learning Objectives 1. Distinguish between factual and legal cause. 2. Define intervening superseding cause, and explain the role it plays in the defendant’s criminal liability. 3. Define one and three years and a day rules. As stated previously, **causation** and **harm** can also be elements of a criminal off...
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7-7.0
7.0
7.0: Prelude to Parties to Crime
*Congress can impute to a corporation the commission of certain criminal offenses and subject it to criminal prosecution therefor.* **-* *[New York Central R. Co. v. U.S.](http://supreme.justia.com/us/212/481)*, cited in Section 7.2.1 "Corporate Liability"* ![A modern glass building with a curved design reflects a bl...
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1-1.7
1.7
1.7: End-of-Chapter Material
## Summary A crime is action or inaction in violation of a criminal law. Criminal laws vary from state to state and from state to federal. The study of criminal law defines crimes and defenses to crimes. The study of criminal procedure focuses on the enforcement of rights by individuals while submitting to government...
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3-3.3
3.3
3.3: Freedom of Speech
##### Learning Objectives 1. Define speech under the First Amendment. 2. Identify five types of speech that can be governmentally regulated in spite of the First Amendment. 3. Ascertain the constitutional parameters for statutes that criminalize speech. The **First Amendment** states, in relevant part, “Congress shal...
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5-5.5
5.5
5.5: Consent
##### Learning Objectives 1. Ascertain the two elements required for the consent defense. 2. Identify three situations where consent can operate as a legal defense. **Consent** by the victim can also form the basis of a justification defense to criminal conduct. **Consent** is most commonly used as a defense to sex c...
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4-4.2
4.2
4.2: Criminal Intent
##### Learning Objectives 1. Describe one important function of criminal intent. 2. List the three common-law criminal intents, ranking them in order of culpability. 3. Compare specific and general intent. 4. Describe an inference that makes it easier for the prosecution to prove a general intent crime. 5. Differentia...
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0-4
4
Licensing
*A detailed breakdown of this resource's licensing can be found in **Back Matter/Detailed Licensing***.
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3-3.2
3.2
3.2: The Due Process and Equal Protection Clauses
##### Learning Objectives 1. Define the Bill of Rights. 2. Define the principle of selective incorporation. 3. Distinguish between substantive and procedural due process. 4. Compare void for vagueness and overbreadth. 5. Ascertain the purpose of the equal protection clause as it applies to criminal laws. Although the...
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5-5.4
5.4
5.4: Defenses Based on Choice
##### Learning Objectives 1. Ascertain the three elements required for the choice of evils defense. 2. Distinguish between the choice of evils defense and the duress defense. 3. Identify one crime that is not justifiable by the choice of evils defense or the duress defense. Occasionally, the law protects a defendant ...
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0-5
5
About the Authors
![A woman with shoulder-length hair smiling, standing outdoors with trees and a bright sky in the background. She is wearing a black top.](https://biz.libretexts.org/@api/deki/files/45563/4746ffaf5b3450604dbbadc8fcdc9747.jpg?revision=1) Lisa M. Storm, Esq. received her bachelor’s degree in Spanish from the University ...
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4-4.1
4.1
4.1: Criminal Elements
##### Learning Objectives 1. List the elements of a crime. 2. Define the criminal act element. 3. Identify three requirements of criminal act. 4. Describe an exception to the criminal act element. 5. Ascertain three situations where an omission to act could be criminal. 6. Distinguish between actual and constructive p...
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3-3.1
3.1
3.1: Applicability of the Constitution
##### Learning Objectives 1. Distinguish between the two types of constitutional protections. 2. Compare unconstitutional on its face with unconstitutional as applied. 3. Distinguish among different standards of judicial review. 4. Compare bill of attainder with ex post facto laws. 5. Ascertain the three types of ex p...
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0-1
1
TitlePage
Introduction to Criminal Law LibreTexts
false
1-1.6
1.6
1.6: Sources of Law
##### Learning Objectives 1. Identify the three sources of law. 2. Rank the three sources of law, from highest to lowest. 3. Ascertain the purpose of the US and state constitutions. 4. Ascertain one purpose of statutory law. 5. Ascertain the purpose of case law. 6. Define judicial review. 7. Diagram and explain the co...
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5-5.3
5.3
5.3: Other Use-of-Force Defenses
##### Learning Objectives 1. Ascertain the elements required for the defense of others. 2. Define real and personal property. 3. Explain the appropriate circumstances and degree of force a defendant can use when defending property. 4. Ascertain the elements required for the defense of ejection of trespasser. 5. Distin...
false
1-1
1
1: Introduction to Criminal Law
* [1.0: Prelude to Introduction to Criminal Law](https://biz.libretexts.org/Bookshelves/Criminal_Law/Introduction_to_Criminal_Law/01%3A_Introduction_to_Criminal_Law/1.00%3A_Prelude_to_Introduction_to_Criminal_Law "1.0: Prelude to Introduction to Criminal Law") : This page emphasizes the principle of fairness in con...
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3-3.0
3.0
3.0: Prelude to Constitutional Protections
*Those who wrote our constitutions knew from history and experience that it was necessary to protect against unfounded criminal charges brought to eliminate enemies and against judges too responsive to the voice of higher authority.* **-* *Duncan v. Louisiana*, cited in Section 3.2* ![The image shows a close-up of th...
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4-4.0
4.0
4.0: Prelude to The Elements of a Crime
*Thus, an Olympic swimmer may be deemed by the community as a shameful coward, or worse, for not rescuing a drowning child in the neighbor’s pool, but she is not a criminal.* **-* *[State ex rel. Kuntz v. Thirteenth Jud. Dist.](http://caselaw.findlaw.com/mt-supreme-court/1434948.html)*, cited in Section 4* *![Sign re...
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6-6.3
6.3
6.3: Entrapment
##### Learning Objective 1. Compare the subjective and objective entrapment defenses. Historically, no legal limit was placed on the government’s ability to induce individuals to commit crimes. The Constitution does not expressly prohibit this governmental action. Currently, however, all states and the federal govern...
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1-1.1
1.1
1.1: Introduction
##### Learning Objective 1. Define a crime. This textbook introduces you to our legal system in the United States, the basic elements of a crime, the specific elements of commonly encountered crimes, and most criminal defenses. Criminal law always involves the government and government action, so you will also review...
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5-5.2
5.2
5.2: Self-Defense
##### Learning Objectives 1. Define self-defense. 2. Define deadly force. 3. Ascertain the four elements required for self-defense. 4. Ascertain two exceptions to the unprovoked attack requirement. 5. Define the battered wife defense, and explain its justification under the imminence requirement. 6. Analyze when it is...
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3-3
3
3: Constitutional Protections
* [3.0: Prelude to Constitutional Protections](https://biz.libretexts.org/Bookshelves/Criminal_Law/Introduction_to_Criminal_Law/03%3A_Constitutional_Protections/3.00%3A_Prelude_to_Constitutional_Protections "3.0: Prelude to Constitutional Protections") : This page discusses the framers' emphasis on protecting again...
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0-2
2
InfoPage
This text is disseminated via the Open Education Resource (OER) LibreTexts Project ([https://LibreTexts.org](https://LibreTexts.org "https://LibreTexts.org")) and like the thousands of other texts available within this powerful platform, it is freely available for reading, printing, and "consuming."  The LibreTexts mi...
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4-4
4
4: The Elements of a Crime
* [4.0: Prelude to The Elements of a Crime](https://biz.libretexts.org/Bookshelves/Criminal_Law/Introduction_to_Criminal_Law/04%3A_The_Elements_of_a_Crime/4.00%3A_Prelude_to_The_Elements_of_a_Crime "4.0: Prelude to The Elements of a Crime") : This page explores the public perception of an Olympic swimmer who declin...
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6-6.2
6.2
6.2: Infancy, Intoxication, Ignorance, and Mistake
##### Learning Objectives 1. Define the infancy defense. 2. Distinguish a juvenile court adjudication from a criminal prosecution. 3. Ascertain four criteria that could support a juvenile court waiver of jurisdiction. 4. Identify a situation where voluntary intoxication may provide a defense. 5. Define involuntary int...
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2-2.5
2.5
2.5: End-of-Chapter Material
## Summary The United States’ system of government is called federalism and consists of one federal government regulating issues of a national concern and separate state governments regulating local issues. The bulk of criminal lawmaking resides with the states because of the police power granted to the states in the ...
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5-5.1
5.1
5.1: Criminal Defenses
##### Learning Objectives 1. Distinguish between a denial or failure of proof defense and an affirmative defense. 2. Distinguish between imperfect and perfect defenses. 3. Distinguish between factual and legal defenses. 4. Give examples of factual and legal defenses. 5. Distinguish between defenses based on justificat...
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7-7
7
7: Parties to Crime
* [7.0: Prelude to Parties to Crime](https://biz.libretexts.org/Bookshelves/Criminal_Law/Introduction_to_Criminal_Law/07%3A_Parties_to_Crime/7.00%3A_Prelude_to_Parties_to_Crime "7.0: Prelude to Parties to Crime") : This page discusses corporate liability, emphasizing Congress's ability to hold corporations accounta...
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5-5.6
5.6
5.6: End-of-Chapter Material
## Summary Defenses can be denial or failure of proof, affirmative, imperfect, perfect, factual, legal, common law (created by case law), or statutory (created by a state or federal legislature). A denial or failure of proof defense creates doubt in one or more of the elements of the offense and prevents the prosecuti...
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7-7.2
7.2
7.2: Vicarious Liability
##### Learning Objectives 1. Distinguish between accomplice liability and vicarious liability. 2. Distinguish between corporate criminal vicarious liability and individual criminal vicarious liability. **Vicarious liability**, a concept discussed in Chapter 4, also transfers liability from one defendant to another. H...
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7-7.3
7.3
7.3: Accessory
##### Learning Objectives 1. Distinguish between accomplice liability and the crime of accessory. 2. Define the criminal act element required for an accessory. 3. Define the criminal intent element required for an accessory. 4. Compare various approaches to grading the crime of accessory. As stated in Section 7.1.1 "...
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6-6.4
6.4
6.4: End-of-Chapter Material
## Summary The federal government and every state except Montana, Utah, Kansas, and Idaho recognize the insanity defense. A not guilty by reason of insanity verdict is an acquittal for the offense. The policy supporting the insanity defense is the lack of deterrent effect when punishing the legally insane. Four insani...
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7-7.4
7.4
7.4: End-of-Chapter Material
## Summary Often more than one criminal defendant participates in the commission of a crime. Defendants working together with a common criminal purpose are acting with complicity and are responsible for the same crimes, to the same degree. At early common law, there were four parties to a crime. A principal in the fi...
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9-9
9
9: Criminal Homicide
* [9.0: Prelude to Criminal Homicide](https://biz.libretexts.org/Bookshelves/Criminal_Law/Introduction_to_Criminal_Law/09%3A_Criminal_Homicide/9.00%3A_Prelude_to_Criminal_Homicide "9.0: Prelude to Criminal Homicide") : This page defines a deadly weapon legally, stating that its classification applies regardless of ...
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8-8.0
8.0
8.0: Prelude to Inchoate Offenses
*And so long as the partnership in crime continues, the partners act for each other in carrying it forward.* **-* *[Pinkerton v. U.S.](http://scholar.google.com/scholar_case?case=7522663957503397577&hl=en&as_sdt=2&as_vis=1&oi=scholarr)*, cited in Section 8.2.4 "Consequences of Conspiracy"* ![A close-up of a handshake...
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6-6.1
6.1
6.1: The Insanity Defense
##### Learning Objectives 1. Identify four states that do not recognize an insanity defense. 2. Identify four versions of the insanity defense. 3. Ascertain the two elements required for the M’Naghten insanity defense. 4. Ascertain the two elements required for the irresistible impulse insanity defense. 5. Compare the...
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8-8
8
8: Inchoate Offenses
* [8.0: Prelude to Inchoate Offenses](https://biz.libretexts.org/Bookshelves/Criminal_Law/Introduction_to_Criminal_Law/08%3A_Inchoate_Offenses/8.00%3A_Prelude_to_Inchoate_Offenses "8.0: Prelude to Inchoate Offenses") : This page discusses the legal principle from Pinkerton v. U.S., which emphasizes that in a crimin...
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8-8.3
8.3
8.3: Solicitation
##### Learning Objectives 1. Explain why solicitation is an inchoate crime. 2. Define the criminal act element required for solicitation. 3. Define the criminal intent element required for solicitation. 4. Determine whether the defense of renunciation is available for solicitation. 5. Discuss various approaches to sol...
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9-9.0
9.0
9.0: Prelude to Criminal Homicide
*[W]hether it is made for the purpose of destroying animal life, or whether it was not made by man at all, or whether it was made by him for some other purpose, if it is a weapon, or if it is a thing with which death can be easily and readily produced, the law recognizes it as a deadly weapon…* **-* *[Acers v. U.S.](h...
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7-7.1
7.1
7.1: Parties to Crime
##### Learning Objectives 1. Identify the four parties to crime at early common law. 2. Identify the parties to crime in modern times. 3. Define the criminal act element required for accomplice liability. 4. Define the criminal intent element required for accomplice liability. 5. Define the natural and probable conseq...
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8-8.2
8.2
8.2: Conspiracy
##### Learning Objectives 1. Explain why conspiracy is an inchoate crime. 2. Define the criminal act element required for conspiracy. 3. Compare the conspiracy overt act requirement with the criminal act element required for attempt. 4. Define the criminal intent element required for conspiracy. 5. Ascertain whether a...
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8-8.4
8.4
8.4: End-of-Chapter Material
## Summary An inchoate crime might never be completed. The rationale of punishing a defendant for an inchoate crime is prevention and deterrence. The three inchoate crimes are attempt, conspiracy, and solicitation. The criminal act element required for attempt must be more than thoughts or mere preparation. Modern ju...
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8-8.1
8.1
8.1: Attempt
##### Learning Objectives 1. Define an inchoate crime. 2. Distinguish between general and specific attempt statutes. 3. Identify and describe the four tests jurisdictions use to ascertain the criminal act element required for attempt. 4. Define preparatory crimes. 5. Define the criminal intent element required for att...
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9-9.1
9.1
9.1: Homicide
##### Learning Objectives 1. Define homicide. 2. Recognize that all homicides are not criminal. 3. Identify the corpus delicti components in a criminal homicide. 4. Compare the definition of fetus in criminal homicide and feticide statutes. 5. Compare common-law feticide and suicide with modern views. 6. Ascertain whe...
false
10-10
10
10: Sex Offenses and Crimes Involving Force, Fear, and Physical Restraint
* [10.0: Prelude to Sex Offenses and Crimes Involving Force, Fear, and Physical Restraint](https://biz.libretexts.org/Bookshelves/Criminal_Law/Introduction_to_Criminal_Law/10%3A_Sex_Offenses_and_Crimes_Involving_Force_Fear_and_Physical_Restraint/10.00%3A_Prelude_to_Sex_Offenses_and_Crimes_Involving_Force_Fear_and_Physi...
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9-9.5
9.5
9.5: Second-Degree Murder
##### Learning Objectives 1. Compare statutory definitions of second-degree murder. 2. Ascertain two types of murder that are typically second degree. 3. Analyze second-degree murder grading. States that classify murder as either first or second degree often define **second-degree murder** as any murder that is not f...
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10-10.0
10.0
10.0: Prelude to Sex Offenses and Crimes Involving Force, Fear, and Physical Restraint
*Among the evils that both the common law and later statutory prohibitions against kidnapping sought to address were the isolation of a victim from the protections of society and the law and the special fear and danger inherent in such isolation.* **-* *[State v. Salaman](http://scholar.google.com/scholar_case?case=13...
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9-9.2
9.2
9.2: Murder
##### Learning Objectives 1. Define the criminal act element required for murder. 2. Explain why criminal intent is an important element of murder. 3. Identify, describe, and compare the three types of malice aforethought and the three Model Penal Code murder mental states. 4. Explain the deadly weapon doctrine. 5. De...
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9-9.6
9.6
9.6: Manslaughter
##### Learning Objectives 1. Compare murder and manslaughter. 2. Define voluntary manslaughter. 3. Ascertain the basis of an adequate provocation. 4. Explain the concurrence of a voluntary manslaughter killing and the heat of passion. 5. Compare voluntary and involuntary manslaughter. 6. Describe the three types of in...
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11-11
11
11: Crimes against Property
* [11.0: Prelude to Crimes against Property](https://biz.libretexts.org/Bookshelves/Criminal_Law/Introduction_to_Criminal_Law/11%3A_Crimes_against_Property/11.00%3A_Prelude_to_Crimes_against_Property "11.0: Prelude to Crimes against Property") : This page discusses the impulsive nature of committing arson, emphasiz...
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10-10.4
10.4
10.4: Kidnapping and False Imprisonment
##### Learning Objectives 1. Define the criminal act element required for kidnapping. 2. Define the criminal intent element required for kidnapping. 3. Define the harm element required for kidnapping. 4. Define the attendant circumstance element required for kidnapping. 5. Analyze kidnapping grading. 6. Compare false ...
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9-9.3
9.3
9.3: First-Degree Murder
##### Learning Objectives 1. Ascertain the three types of murder that are typically first degree. 2. Define premeditated murder. 3. Explain the significance of the criminal act element of murder in premeditated murder. 4. Define murder by a specified means. 5. Give examples of specified means for first-degree murder. ...
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10-10.3
10.3
10.3: Domestic Violence and Stalking
### EARNING OBJECTIVES 1. Identify the individuals covered by domestic violence statutes. 2. Identify some of the special features of domestic violence statutes. 3. Define the criminal act element required for stalking. 4. Define the criminal intent element required for stalking, and compare various statutory approach...
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11-11.0
11.0
11.0: Prelude to Crimes against Property
*Arson is one of the easiest crimes to commit on the spur of the moment…it takes only seconds to light a match to a pile of clothes or a curtain…* **-* *[People v. Atkins](http://scholar.google.com/scholar_case?case=959832986872752180&q=%22mens+rea+for+arson%22&hl=en&as_sdt=2,5)*, cited in Section 11* *![Nighttime sc...
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9-9.4
9.4
9.4: Felony Murder
##### Learning Objectives 1. Define the criminal intent element required for felony murder. 2. Compare the criminal intent element of felony murder to implied malice, knowingly, or recklessly under circumstances manifesting extreme indifference to human life. 3. Explain the rule of co-felon liability for felony murder...
false
12-12
12
12: Crimes against the Public
* [12.0: Prelude to Crimes against the Public](https://biz.libretexts.org/Bookshelves/Criminal_Law/Introduction_to_Criminal_Law/12%3A_Crimes_against_the_Public/12.00%3A_Prelude_to_Crimes_against_the_Public "12.0: Prelude to Crimes against the Public") : This page discusses the state's responsibility to uphold a dec...
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10-10.2
10.2
10.2: Assault and Battery
##### Learning Objectives 1. Define the criminal act element required for battery. 2. Define the criminal intent element required for battery. 3. Define the attendant circumstance element required for battery. 4. Define the harm element required for battery. 5. Analyze battery grading. 6. Distinguish between attempted...
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9-9.7
9.7
9.7: End-of-Chapter Material
## Summary Homicide is the killing of one human being by another. Criminal homicide is either murder or manslaughter. Some states and the federal government also criminalize the killing of a fetus. Suicide is usually not criminal, although assisted suicide could be. Many jurisdictions follow the common law and define...
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13-13
13
13: Crimes against the Government
* [13.0: Prelude to Crimes against the Government](https://biz.libretexts.org/Bookshelves/Criminal_Law/Introduction_to_Criminal_Law/13%3A_Crimes_against_the_Government/13.00%3A_Prelude_to_Crimes_against_the_Government "13.0: Prelude to Crimes against the Government") : This page distinguishes between bribery, which...
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10-10.5
10.5
10.5: End-of-Chapter Material
## Summary States vary as to how they categorize and grade sex offenses. In general, rape is knowing, forcible sexual intercourse without consent or with consent obtained involuntarily. Although the victim had to resist to indicate lack of consent at early common law, in modern times the victim need not resist if it w...
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11-11.1
11.1
11.1: Nonviolent Theft Crimes
##### Learning Objectives 1. Define the criminal act element required for consolidated theft statutes. 2. Define the criminal intent element required for consolidated theft statutes. 3. Define the attendant circumstances required for consolidated theft statutes. 4. Define the harm element required for consolidated the...
false
12-12.0
12.0
12.0: Prelude to Crimes against the Public
*The state has not only a right to “maintain a decent society” but an obligation to do so. In the public nuisance context, the community’s right to security and protection must be reconciled with the individual’s right to expressive and associative freedom. Reconciliation begins with the acknowledgment that the interes...
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12-12.1
12.1
12.1: Quality-of-Life Crimes
##### Learning Objectives 1. Define the criminal act element required for disorderly conduct. 2. Define the criminal intent element required for disorderly conduct. 3. Define the attendant circumstance required for disorderly conduct. 4. Identify potential constitutional challenges to disorderly conduct statutes. 5. A...
false
13-13.0
13.0
13.0: Prelude to Crimes against the Government
*Bribery, of course, connotes a voluntary offer to obtain gain, where extortion connotes some form of coercion.* **-* *[U.S. v. Adcock](http://scholar.google.com/scholar_case?case=189694239263939940&hl=en&as_sdt=2&as_vis=1&oi=scholarr)*, cited in Section 13.3.2 "Bribery Elements"* ![An envelope partially open with mu...
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11-11.2
11.2
11.2: Extortion, Robbery, and Receiving Stolen Property
##### Learning Objectives 1. Define the criminal act element required for extortion. 2. Define the criminal intent element required for extortion. 3. Identify a potential defense to extortion. 4. Define the attendant circumstances required for extortion. 5. Define the harm element required for extortion. 6. Analyze ex...
false
11-11.4
11.4
11.4: End-of-Chapter Material
## Summary Crimes against property include theft, crimes connected to theft, and crimes that invade or damage property. Modern jurisdictions criminalize several forms of theft under consolidated theft statutes that grade theft primarily on the value of the property stolen. Larceny under a consolidated theft statute in...
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13-13.2
13.2
13.2: Crimes Involving Terrorism
##### Learning Objectives 1. Identify three federal statutory schemes targeting terroristic conduct. 2. Ascertain the function of the Department of Homeland Security. 3. Define international and domestic terrorism. 4. Identify crimes involving terrorism. 5. Identify potential constitutional challenges to the USA PATRI...
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11-11.3
11.3
11.3: Crimes That Invade or Damage Property
##### Learning Objectives 1. Define the criminal act element required for burglary. 2. Define the criminal intent element required for burglary. 3. Define the attendant circumstances required for burglary. 4. Analyze burglary grading. 5. Define the elements of criminal trespass, and analyze criminal trespass grading. ...
false
10-10.1
10.1
10.1: Sex Offenses
##### Learning Objectives 1. Compare common-law rape and sodomy offenses with modern rape and sodomy offenses. 2. Define the criminal act element required for rape. 3. Define the attendant circumstance element required for rape. 4. Ascertain the amount of resistance a victim must demonstrate to evidence lack of consen...
false
12-12.3
12.3
12.3: Vice Crimes
##### Learning Objectives 1. Identify the sources of federal and state drug laws. 2. Describe a drug schedule. 3. Analyze various drug crimes and their grading. 4. Identify two modern trends in state drug crimes statutes. 5. Identify a potential constitutional challenge to a state’s medical marijuana statute. 6. Analy...
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14-14.0
14.0
14.0: "Sex Offenses and Crimes Involving Force, Fear, and Physical Restraint"
## Chapter 10 * *State v. Salaman*, 949 A.2d 1092 (2008) * *Toomer v. State*, 529 SE 2d 719 (2000) * *Fleming v. State*, 323 SW 3d 540 (2010) * *State v. Higgs*, 601 N.W.2d 653 (1999) * *Commonwealth v. Henson*, 259 N.E.2d 769 (1970) * *State v. Holbach*, 2009 ND 37 (2009) * *Burke v. State*, 676 S.E.2d 766 (2009) * *...
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14-14.1
14.1
14.1: "Crimes against Property"
## Chapter 11 * *State v. Larson*, 605 N.W. 2d 706 (2000) * *People v. Traster*, 111 Cal. App. 4th 1377 (2003) * *U.S. v. Ingles*, 445 F.3d 830 (2006) * *State v. Robertson*, 531 S. E. 2d 490 (2000) * *People v. Pratt*, 656 N.W.2d 866 (2002) * *Butler v. Florida*, (Fla: Dist. Court of Appeals, 2009) * *In the Matter o...
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14-14
14
14: Appendix - Case Listings
* [14.0: "Sex Offenses and Crimes Involving Force, Fear, and Physical Restraint"](https://biz.libretexts.org/Bookshelves/Criminal_Law/Introduction_to_Criminal_Law/14%3A_Appendix_-_Case_Listings/14.00%3A_Sex_Offenses_and_Crimes_Involving_Force_Fear_and_Physical_Restraint "14.0: \"Sex Offenses and Crimes Involving Force,...
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12-12.2
12.2
12.2: Crimes Targeting Group Conduct
##### Learning Objectives 1. Define the elements of unlawful assembly and failure to disperse. 2. Identify potential constitutional challenges to unlawful assembly and failure to disperse statutes. 3. Analyze unlawful assembly and failure to disperse grading. 4. Define the elements of riot, and analyze riot grading an...
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14-14.3
14.3
14.3: "Crimes against the Government"
## Chapter 13 * *U.S. v. Adcock*, 558 F.2d 397 (1977) * *U.S v. Burr*, 25 F Cas 55 (1807) * *Haupt v. U.S.*, 330 U.S. 631 (1947) * *Cramer v. U.S.*, 325 U.S. 1, 34, 35 (1945) * *Yates v. U.S.*, 354 U.S. 298 (1957) * *U.S. v. Kabat*, 797 Fed.2d 580 (1986) * *In re Squillacote*, 790 A.2d 514 (2002) * *Humanitarian Law P...
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14-14.4
14.4
14.4: "Introduction to Criminal Law"
## Chapter 1 * *BMW of North America, Inc. v. Gore*, 517 U.S. 559 (1996) * *Gonzales v. Oregon*, 546 U.S. 243 (2006) * *Payton v. New York*, 445 U.S. 573 (1980) * *Johnson v. Pearce*, 148 N.C.App. 199 (2001) * *State v. Gillison*, 766 N.W. 2d 649 (2009) * *Campbell v. State*, 5 S.W.3d 693 (1999) * *Keeler v. Superior ...
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13-13.1
13.1
13.1: Crimes Involving National Security
##### Learning Objectives 1. Define the elements of treason, and analyze treason’s evidentiary requirements and grading. 2. Define the elements of sedition, and analyze sedition grading. 3. Define the elements of various forms of sabotage, and analyze sabotage grading. 4. Define the elements of espionage, and analyze ...
false
14-14.2
14.2
14.2: "Crimes against the Public"
## Chapter 12 * *People v. Acuna*, 14 Cal. 4th 1090 (1997) * *Papachristou v. City of Jacksonville*, 405 U.S. 156 (1972) * *State v. Russell*, 890 A.2d 453 (2006) * *People v. Hoffstead*, 905 N.Y.S.2d 736 (2010) * *City of Chicago v. Morales*, 527 U.S. 41 (1999) * *Ortiz v. NYS Parole in Bronx*, 586 F.3d 149 (2009) * ...
false
12-12.4
12.4
12.4: End-of-Chapter Material
## Summary States have an interest in protecting the quality of life of citizens, and therefore prohibit crimes against the public. Most jurisdictions criminalize disorderly conduct, which is making a loud and unreasonable noise, obscene utterance or gesture, fighting, threatening or stating fighting words, or creatin...
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