Difference between revisions of "Crimes"

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Following is a list of common crimes that defendants are charged with:
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{{Languages|Crimes}}
  
==Elements of a Crime==
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Criminal law is by definition jurisdictional and the definition for a crime may differ greatly from one jurisdiction to the next. Generally the definitions for crimes may be found in a country's penal code. In contrast, the procedural aspects of a given criminal justice system will be found in the Code of Criminal Procedure.  All of these crimes would be considered ''Mala in se'' because they are intrinsicaly wrong. However, all countries have crimes which are also considered ''malum prohibitum'', wrong simply for the violation of a legislative norm. Following is a sample list of some of the most common ''mala in se'' crimes that are present in almost every criminal justice system around the globe.
As a general rule, every crime has four elements:
 
#[[Actus Reus (Voluntary Act)]]
 
#[[Mens Rea | Mens Rea (Culpable Mental State)]]
 
#Concurrence of Actus Reus and Mens Rea
 
#Damages
 
  
== Crimes Against the Person ==
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==List of Crimes==
* [[Murder]]
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<div style="float: left; width: 33.33%">
* [[Felony Murder]]
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*Crimes Against the Person
* Manslaughter - Voluntary
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** [[Assault]]
* Manslaughter - Involuntary
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** [[Battery]]
* Assault
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** [[False Imprisonment]]
* Battery
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** Homicides
* Mayhem
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*** [[Manslaughter - Involuntary]]
* Rape
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*** [[Manslaughter - Voluntary]]
* Kidnapping
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*** [[Murder]]
* Human or Sex Trafficking
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*** [[Felony Murder]]
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** [[Human or Sex Trafficking]]
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** [[Incest]]
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** [[Kidnapping]]
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** [[Mayhem]]
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** [[Molestation and other sex crimes against children]]
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** [[Rape]]
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** [[Sodomy]]
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** [[Stalking]]
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** [[Statutory Rape]]
  
== Crimes Against Property ==
 
* Arson
 
* Blackmail
 
* Burglary
 
* Embezzlement
 
* Extortion
 
* False Pretense
 
* Larceny
 
* Receiving Stolen Property
 
* Robbery
 
* Trespass
 
  
== Crimes Against the State ==
 
* Treason
 
* Possession or sale of controlled substances
 
* Prostitution
 
  
== Attempt ==
 
An individual may be culpable for the crime of attempt if they have the appropriate mens rea, even if they fail to complete the required actus reas of the crime. The central question in attempt liability is how much actus reus is required to trigger attempt liability. The test will vary from jurisdiction to jurisdiction:
 
  
* '''Substantial Step Test''' - This test, promoted by the Model Penal Code, would require the fact finder to determine if the defendant had taken a "substantial step in a course of conduct planned to culminate in [the defendant']s commission of the crime."<ref>MPC 5.01(1)(c)</ref>
 
* '''''Res Ipsa Loquitur Test''''' - This test asks whether the individual's attempt is manifesty obvious from the facts.
 
* '''Dangerous Proximity Test''''  - This test asks whether the defendant's actions were in "dangerous proximity to success," or when an act "is so near to the result that the danger of success is very great."
 
  
There are several defenses to attempt liability:  
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</div><div style="float: left; width: 33.33%">
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* Crimes Against Property
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** [[Arson]]
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** Blackmail
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** Burglary
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** Embezzlement
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** Extortion
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** False Pretense
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** Identity Theft
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** Larceny
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** Receiving Stolen Property
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** Robbery
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** [[Trespass]]
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*Crimes Against "Public Order"
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** Disturbing the Peace
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** Idecent Exposure and other minor sex crimes
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** Obscenity
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** Possession or sale of controlled substances
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** Possession of Firearm
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** Prostitution
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** Solicitation
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** Vagrancy
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</div><div style="float: left; width: 33.33%">
  
* '''Imposibility''' - Defendants have often asserted the defense of impossibility to attempt. Several variations of this defense have been argued:
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*Inchoate Crimes
** '''Factual Impossibility''' - Although factual impossibility was once recognized as a defense to an attempt crime, it rarely recognized as a defense any longer. As an example, the issue of factual impossibility arises when a police officer uses counterfeit marijunana during a drug operation. Even if the defendant had purchased the drugs, no crime would have existed because the marijuana was counterfeit.
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**[[Accomplice Liability]]
** '''Inherently Factual Impossibility'''. Recognized in only one state (Minnesota), the defense applies if the step taken to accomplish the crime was one that a reasonable person would view as inadequate to accomplish the criminal objective.
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**[[Attempt]]
** '''Pure Legal Impossibility''' - If a defendant attempts to achieve a crime, yet the crime does not exist, then legal impossibility is a defense to any prosecution. For instance, imagine an individual who attempts to shoot a deer, falsely believing that the hunting of deer is illegal. This individual would be attempting a crime yet even if the act was completed, no crime would have occured.
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**[[Conspiracy]]
* '''Crimes to which doctrine does not apply''' - A defendant cannot be found guilty of attempted conspiracy.
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**[[Solicitation]]
* '''Criminal Negligence''' - When the required mental state is criminal negligence, it is impossible for the defendant to "attempt" the crime. For example, a person cannot attempt involuntary manslaughter, because intent to act negligently is a logical contradiction.
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*Crimes against the Court
* '''Abandonment''' - Some courts have recognized a limited defense of abandonment. For instance, the Model Penal Code concludes that attempt does not exist if the defendant (1) abandon(s) the effort to commit the crime or prevent the crime from being committed, and (2) their behavior manifests a complete and voluntary renunciation of
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**Bribery
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**Contempt
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**Obstruction of Justice
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**Perjury
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*Crimes against the State
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** Espionage
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** Terrorism
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** Treason
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*Administrative Crimes
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*International Law Crimes
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** [[Crimes against Humanity]]
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** [[Genocide]]
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** [[War Crimes]]
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** [[The Crime of Aggression]]
  
== Conspiracy ==
 
  
==Accomplice Liability==
 
An individual may be culpable for the crime of another if he intentionally abbets, encourages, solicits, advises or procures the commission of the crime by physical conduct or psychological influence. Generally, a failure to prevent another from committing a crime will not trigger accomplice liability. However, that ommission could be a factor in determining whether psychological influence existed.
 
  
Under the Pinkerton Doctrine <ref> Pinkerton v. United States, 328 U.S. 640 (1946)</ref> an accomplice can be liable for the criminal acts of another as long as the criminal act falls within the scope of the conspiracy or is a foreseeable consequence of a conspiracy.
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</div>
  
In the United States, the mens rea requirement for accomplice liability is normally purpose, though some courts state that knowledge will suffice. The Model Penal Code the mens rea requirement is only recklessness or negligence, then the same level may apply to accomplice liability.
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==Determining Criminal Liability==
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Even though this basic list of crimes is almost universally accepted around the globe, the basic approach to determining criminal liability varies from one jurisdiction to the next. There are at least three basic approaches that have gained prominence: the American Common Law approach, The Model Pensl Code approach and the German or Continental approach used in many civil law countries.
  
There are two primary defenses to accomplice liability:
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==Common Law Definition of a Crime==
* '''Protected Class Exemption''' - First, if the accomplice is a member of the class the crime is intended to protect, accomplice liability does not exist. For instance, a 13 year old girl will not be culpable for statutory rape under an accomplice liability theory.
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In order for a crime to have been committed, certain elements must be fulfilled. The exact definition of what constitutes a crime can differ from country to country.  
* '''Abandonment''' - An accomplice may abandon a conspiracy and thereby eliminate accomplice liability. In order to do so, the accomplice must generally 1) notify the principal that he or she is withdrawing from the conspiracy and 2) take some action to neutralize whatever steps he took to assist in the crime.
 
  
==Solicitation==
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As a general rule, every crime has two main elements:
An individual may be culpable of solicitation if he or she encourages another to commit a particular offense. Solicitation is a specific intent crime in the United States. The solicited individual need only attempt to complete the crime for solicitation to exist.
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#[[Actus Reus (Voluntary Act)]]
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#[[Mens Rea (Culpable Mental State)]]
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In addition, their must be:
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#Concurrence of Actus Reus and Mens Rea
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#Damages
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Analysis can take place in any order.
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In addition, each crime itself can be broken down to elements. In the United States, the prosecution is generally required to [[Standards of Proof | prove]] that the defendant had the requisite mental state for each element in order to prove the crime.
  
There is one primary defense to solicitation:
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==Model Penal Code Definition of a Crime==
* '''Renunciation''' - In order to use this defense, the defendant must 1) renounce intent for principal to commit crime and 2) discourage or otherwise stop principal from completing crime,
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The American Law Institute's [[Model Penal Code]] continues to have great influence in the United States and in other common law countries around the world. The Model Penal Code take a somewhat different approach to criminal liability than traditional common law, although they are very similar.
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In order for criminal liability to exist, the Model Penal Code requires the following elements to be proven:
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#Conduct that
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##inflicts or threatens
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##substantial harm to individual or public interests
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#without [[Justification and Excuse | justification]]
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#without [[Justification and Excuse | excuse]]
  
Example: A person is guilty of solicitation if:
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==German Definition of a Crime==
#his purpose is to promote or facilitate the commission of a substantive offense; and  
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Contintental and German academics and lawyers have a slightly different approach to determining criminal culpability. Rather than the common law dichtomoy of Mens Rea and Actus Reus, German thinkers tend to analyze culpability as having three elements:
#
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#Definition
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#Wrongdoing
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#Culpability
  
== International Law Crimes ==
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In order to determine criminal liability german lawyers must analyze these three elements in order.When analyzing the first stage, the lawyer will determine whether there has been a voluntary act, a violation of a norm, causation, and damages. If these exist, a crime will exist and the defendant is presumed to have wrongfully acted. The defendant can then overcome this presumption by showing that the conduct was somehow[[Justification and Excuse | justified.]] If the defendant is unable to rebut the presumption of wrongdoing, the judge will analyze the final stage to determine legal culpability. Culpability can be negated by a showing of an [[Justification and Excuse | excuse]]. If the defendant is unable to negate culpability, he is guilty of the crime.
* [[Genocide]]
 
* [[Crimes against Humanity]]
 
* [[War Crimes]]
 
* [[The Crime of Aggression]]
 
  
==Notes==
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=Notes=
 
<references/>
 
<references/>
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{{Languages|Crimes}}

Latest revision as of 10:05, 5 April 2013

Globe3.png English  • français

Criminal law is by definition jurisdictional and the definition for a crime may differ greatly from one jurisdiction to the next. Generally the definitions for crimes may be found in a country's penal code. In contrast, the procedural aspects of a given criminal justice system will be found in the Code of Criminal Procedure. All of these crimes would be considered Mala in se because they are intrinsicaly wrong. However, all countries have crimes which are also considered malum prohibitum, wrong simply for the violation of a legislative norm. Following is a sample list of some of the most common mala in se crimes that are present in almost every criminal justice system around the globe.

List of Crimes

  • Crimes Against Property
    • Arson
    • Blackmail
    • Burglary
    • Embezzlement
    • Extortion
    • False Pretense
    • Identity Theft
    • Larceny
    • Receiving Stolen Property
    • Robbery
    • Trespass
  • Crimes Against "Public Order"
    • Disturbing the Peace
    • Idecent Exposure and other minor sex crimes
    • Obscenity
    • Possession or sale of controlled substances
    • Possession of Firearm
    • Prostitution
    • Solicitation
    • Vagrancy


Determining Criminal Liability

Even though this basic list of crimes is almost universally accepted around the globe, the basic approach to determining criminal liability varies from one jurisdiction to the next. There are at least three basic approaches that have gained prominence: the American Common Law approach, The Model Pensl Code approach and the German or Continental approach used in many civil law countries.

Common Law Definition of a Crime

In order for a crime to have been committed, certain elements must be fulfilled. The exact definition of what constitutes a crime can differ from country to country.

As a general rule, every crime has two main elements:

  1. Actus Reus (Voluntary Act)
  2. Mens Rea (Culpable Mental State)

In addition, their must be:

  1. Concurrence of Actus Reus and Mens Rea
  2. Damages

Analysis can take place in any order.

In addition, each crime itself can be broken down to elements. In the United States, the prosecution is generally required to prove that the defendant had the requisite mental state for each element in order to prove the crime.

Model Penal Code Definition of a Crime

The American Law Institute's Model Penal Code continues to have great influence in the United States and in other common law countries around the world. The Model Penal Code take a somewhat different approach to criminal liability than traditional common law, although they are very similar. In order for criminal liability to exist, the Model Penal Code requires the following elements to be proven:

  1. Conduct that
    1. inflicts or threatens
    2. substantial harm to individual or public interests
  2. without justification
  3. without excuse

German Definition of a Crime

Contintental and German academics and lawyers have a slightly different approach to determining criminal culpability. Rather than the common law dichtomoy of Mens Rea and Actus Reus, German thinkers tend to analyze culpability as having three elements:

  1. Definition
  2. Wrongdoing
  3. Culpability

In order to determine criminal liability german lawyers must analyze these three elements in order.When analyzing the first stage, the lawyer will determine whether there has been a voluntary act, a violation of a norm, causation, and damages. If these exist, a crime will exist and the defendant is presumed to have wrongfully acted. The defendant can then overcome this presumption by showing that the conduct was somehow justified. If the defendant is unable to rebut the presumption of wrongdoing, the judge will analyze the final stage to determine legal culpability. Culpability can be negated by a showing of an excuse. If the defendant is unable to negate culpability, he is guilty of the crime.

Notes


Globe3.png English  • français