Criminal Law: Elements of Crimes

Identity of the Guilty Party

• Refers to establishing who committed the crime.

Corpus Delicti of Various Crimes

• Theft and Robbery: Proof of property loss by the owner and evidence of felonious taking.
• Murder and Homicide: Requirement of a corpse and evidence that death resulted from unlawful actions of the defendant.
• Illegal Possession of Firearms: Accused must lack a proper license or permit for possession.
• Illegal Possession of Dangerous Drugs: Presence of the illegal drug itself is required as evidence.
• Arson: Evidence must show a fire occurred and was intentionally set.

Purpose of Corpus Delicti

• Ensures government collects sufficient evidence before linking a suspect to a crime.
• Protects against wrongful convictions and false confessions.

Homicide Investigation Procedures

• Homicide investigation is a discovery process aiming to determine type of death, identity of deceased, cause of death, and identity of perpetrator.

Responsibilities of a Homicide Investigator

• Focuses on gathering evidence and drawing insights from the scene.
• Misinterpretation can lead to escaping guilty individuals.
• The initial investigator's actions are crucial in preventing wrongful conclusions.

Establishing the Facts of Death

• Establishing death is the first step in homicide investigation.
• Only qualified medical personnel can officially pronounce death.
• Focus areas include the cadaver, crime scene, and post-mortem examination.

Duties of the First Officer at a Crime Scene

• Determine if the victim is alive or dead.
• Apprehend or notify authorities regarding the perpetrator.
• Safeguard the crime scene and document necessary evidence.

Principles in Homicide Investigation

• Mistakes by investigators cannot be rectified post-investigation.
• Investigators must maintain the integrity of the crime scene to avoid creating a "burned bridge."

Crime Classifications and Justifying Circumstances

• Justifying circumstances like self-defense or necessity can absolve criminal liability.
• Infanticide is classified as the unlawful killing of a child within three days of birth.

Crime Scenarios and Implications

• Identify the nature of crimes based on scenarios involving relationships, intent, and actions taken (e.g., murder, parricide, infanticide).
• Killing with intent leads to murder classification, while unintentional or mitigating circumstances may lead to lesser charges.

Additional Crime Considerations

• Understanding distinctions between types of homicide, abduction, and physical injuries.
• Awareness of the legal definitions surrounding these actions, including the implications of intent and justification for actions taken.

Conclusion

• Knowledge of the legal definitions, evidence requirements, and roles of law enforcement is crucial in criminal investigations and understanding specific categories of crime.