CIVIL LAW:  private disputes between persons and orginizations.

CRIMINAL LAW:  Government is involved, crimes have been commited and the state or county charges a person or orginization.

State Court: Violations of Contract, Liabilities between people or corporations.

Federal Courts: Suits over $75,000

-Suits across state lines

- individuals sueing the government / Police Officers for Constitutional issues.

1.) Victim

2.) Suspect

3.) Location

- Determines jurisdiction (control & authority) for investigation and subsequent prosecution of the criminal behavior. 

- may refer to Specific Groups of People, not only local.

-939.05(1)

(1) Whoever is concerned in the commission of a crime is a principal and may be charged w/ and convicted of the commission of the crime although the person did NOT directly commit it.

-concerned in the crime if you intentionally aided or abedded. 

example: get away driver when a friend robs a gas station.

Describe how to identify the elements of a crime ?

- Facts or circumstances that will lead a reasonable officer to believe a crime has been commited, will be commited, or is being commited.

- 

-to convict a suspect in court, the prosecutor must show 2 things

1.) that the crime was commited {each element of the crime must be proven}

2.) that the suspect commited the crime {photo erray}

939.22(48)

-no consent was given or the consent was given only because the victim feared physical violemce against the victim, the victim's, or another person present.

- no consent is given if victim does not understand what is being consented to. (ignorance, youth, or defective mental condition {intoxicated - mental capacity}

939.25

- when the person should have known that their behavior would create substantial risk of death or great bodily harm to another.(included unborn child or mother of unborn child)

examples: leaving a child in a hot car.

939.24

- occurs when a person creates an unreasonable and substantial risk of death or great bodily harm to another human being and the person is aware of the risk.  

- includes a conscious & willful disregard of potential consequences.

example: Drunk Driver reckless homicide

- a law passed by a municipal government.  

- charged a forfeiture if violated, NO jail or Prison

- many ordinances deal w/ maintaining public safety, health, morals and general welfare.

- when a warrant or summons is issued, an indictment is found, or an information is filed. or "commision"

- Felonies must commence in 6 years

- Misdemeanor or Adultery in 3 years

939.30

- Conduct deemed criminal without harm actually being done, 

1.) Solicitation

2.) Conspiracy

3.)Attempt

939.30(1)

- whoever, with intent that a felony be committed, advises another to commit that crime under circumstances that indicate unequivocally that he or she has the intent.

939.31

- Whoever with intent that a crime be commited,

- Agrees or combines w/ another for the purpose of committing that crime.

- If one or more of the parties to the conspiracy does an act to effect it's objective.

Can you charge for both a INCHOATE CRIME and CRIMINAL ACT?

1.) Intoxication 939.42

2.) Mistake 939.43

3.) Adequate Provocation 939.44

4.) Privilege

5.) Coercion

6.)Necessity

7.) Self Defense, Others

8.) Defense of Property

- No

-Intoxication has to be unaware, example being slipped a mickey.

- when a person is threatened by another person which causes that person to reasonably believe that his or her  act is the only means of preventing imminent death or great bodily harm to him/herself or another and which causes him or her to act.

Identify the behaviors that may result in enhanced penalties (939.62 thru 939.645).

-Increased penalty for certain domestic abuse offenses.  §939.621

-Penalties; use of a dangerous weapon.  §939.63

-Penalties, violent crime in a school zone.  §939.623

- Increased penalty for certain crimes against children committed by a child care provider.  §939.635

- Penalty; crimes committed against certain people or property. §939.645

-Freezing (not being able to move)

-Tonic immobility

-Irrational behavior

-Hysteria or flat affect

-Trembling or shaking

-Flashbacks

-Behavior changes post assault