Chapter 3 What is a Crime? Crime is considered an act against the public good

Chapter 3 Crime: Overview How to classify different types of crimes The elements of a crime What common defenses are used in the defense of an accused criminal How to identify crimes against people vs. crimes against property

Section 1 Overview How to tell the difference between serious and less serious crimes How to explain the difference between state and federal criminal law How to explain the elements of a crime How to define the various defenses to criminal liability

Key Terms: Crimes The defendant is the person accused of a crime. The prosecutor is the government attorney who presents the case in court against the defendant.

Key Terms: Crimes The plaintiff is the party that accuses a person of a crime. In criminal proceedings, the state or federal government, representing the public at large, is the plaintiff.

Key Terms: Crimes Murder- is the unlawful killing of another human being with malice of aforethought, which means the killer had evil intent. Manslaughter- unlawful killing of another human being without malice of aforethought. Two types: Voluntary Manslaughter and Involuntary Manslaughter. Voluntary Manslaughter- occurs when one person intends to kill another but does so suddenly and as the result of great personal distress. Involuntary Manslaughter- occurs when one person, while committing an unlawful act or reckless act, unintentionally kills another.

Key Terms: Crimes Self-defense- when a person believe they are imminent danger they can use force to protect themselves. Homicide- the killing of one human by another. Excusable Homicide- Killed by accident. Justifiable Homicide- takes place when a police officer kills a criminal in the line of duty or in self-defense. Soldiers in war.

The Opening Scene, pg. 55 Crime and Punishment Jamila Trai Peggy Daniel

Self Check – How much do you know? What is the difference between a plaintiff and a defendant? What is the difference between burglary and robbery? Burglary- common law defines this as breaking and entering of a dwelling or house at night with the intent to commit a felony. Robbery- the wrongful taking and carrying away of the personal property of another through violence or threats.

Justice Journal Are you familiar with any local or regional organizations that help neighborhoods protect themselves against crime?

Classifications of Crimes Felonies vs. Misdemeanors Felony-is a major crime punishable by imprisonment or death. Examples: murder manslaughter burglary robbery arson

Classifications of Crimes Felonies vs. Misdemeanors Misdemeanor- less serious crime with a less severe penalty. Usually a fine or brief imprisonment in county or city jail. Examples: driving without a license, lying about one’s age to purchase alcohol, leaving the scene of an automobile accident

Criminal Law: 2 Systems 1.State Criminal Law (police) 2.Federal Criminal Law (FBI, DEA) Treason Double Jeopardy: law that says no person can be charged twice for the same crime.

Criminal Law: 2 Systems State Criminal Law Each state has inherent police power allowing it to make statutes to protect public: health safety welfare morals

Criminal Law: 2 Systems Federal Criminal Law The federal government has no police power. It can create criminal statutes only in areas over which it has jurisdiction, such as counterfeiting because it has the power to coin money.

Criminal Law: 2 Systems Federal Criminal Law Because of the Commerce Clause of the U.S. Constitution, the federal government has the power to regulate commerce among the states. As a result, federal criminal law must involve some sort of interstate activity.

Elements of a Crime: 2 Elements Elements of a Crime A crime is defined by two (2) elements: 1) the criminal act Most criminal statutes specifically explain conduct that is forbidden. A criminal act must also involve voluntary conduct. 2) the required state of mind  The definition of a crime can be changed based on the criminal’s state of mind. Murder is the intentional taking of a person’s life. Involuntary manslaughter outlaws the accidental taking of a person’s life.

Elements of a Crime: Motive plays no part in proving criminal liability. Motive

Elements of a Crime: Defenses to Crimes Common defenses are: insanity entrapment self-defense defense of family members

Defenses to Crimes Insanity – cannot be held responsible if they do not know what they are doing Must be proven M’Naughten Rule vs. ALI Entrapment – law enforcement officer induces a law-abiding citizen to commit a crime (example 1, pg. 60)

Defenses to Crimes (continued) Self-Defense – good reason to believe they are in danger of serious injury or death Must try to retreat first unless it happens in your own home Defense of Family Members – similar to self defense (example 2, pg. 61)

Justice Journal Bartenders who sell drinks to intoxicated customers should be held liable for injuries caused by the customers’ drunk driving accidents. What do you think about this?

Murder 1 st Degree Killing with premeditation Killing in a cruel way Killing while committing a felony 2nd Degree None of the above characteristics can apply

Manslaughter Voluntary versus Involuntary Voluntary Manslaughter- occurs when one person intends to kill another but does so suddenly and as the result of great personal distress. Involuntary Manslaughter- occurs when one person, while committing an unlawful act or reckless act, unintentionally kills another.

Assault and Battery Assault The attempt to commit a battery Battery Unlawful touching Hand, knife or gun against another

Kidnapping Can Involve: Unlawful imprisonment for ransom, terrorism, torture, rape, or to commit a felony

Sex Offenses Statutory Rape- applies to situations in which the victim is underage. Consent of the under-aged person does not make it legal. Date Rape- Sexual assault by a friend, date, or acquaintance.

Domestic Violence Domestic Violence- any reckless form of physical or mental abuse within a family or household.

Hate Crimes or Hate Speech Hate Crimes or Hate Speech- Criminal act that involves certain symbols, writing, pictures, or spoken words to cause fear or anger in people because of their race, religion, color, gender, or sexual orientation.

Crimes Against Property Burglary (example 5) Robbery (example 7) Arson Larceny Petty Grand Embezzlement (example 6) Vandalism Shoplifting

Motor Vehicle Violations Drag racing Joyriding

Crimes Involving Controlled Substances Alcohol Drugs