Chapter 2 – Criminal Law A body of laws that deal with crime and the punishment of criminal offenses.

What is a Crime? An offense committed against the public good or against society. Defendant – person accused of a crime. Plaintiff – the party that accuses a person of a crime. Prosecutor – The government official (s) who brings the case against the defendant. Penalties: community service, fines, imprisonment, death

Major Types of Crime – Petty & Serious Felony – a major crime – Punished by a fine, by imprisonment, or both. Murder Robbery Rape Kidnapping Fraud Misdemeanor – a less serious crime – Punished by a fine, jail time, or both. Driving without a license Petty theft Simple assault Disorderly conduct Trespass Infraction – A minor offense that is usually punishable with a fine and no jail time. Jaywalking Littering Disturbing the peace

2 Elements of a Crime Criminal Act Required State of Mind A criminal act must be voluntary; it cannot be a person’s condition. Criminal laws must describe the specific conduct that is forbidden or expected by the law. Did the person commit a criminal act? Law can indicate conduct that is expected (paying taxes). Law can describe conduct that is forbidden (murder). Required State of Mind In criminal law, mens rea - the guilty mind – is one of the necessary elements of a crime. 4 possible states of mind recognized by law: Intent Negligence Recklessness Transferred Malice

Intent The design or purpose to commit a wrongful or criminal act

Negligence A jury must decide if the defendant has gone below the standards to be expected of the reasonable person. The defendant must have failed to exercise such care, skill or foresight as a reasonable person in the same situation would exercise.

Recklessness Recklessness involves foreseeing the kind of harm that occurred and going ahead anyway.

Transferred Malice Transferred malice occurs when the intention to harm one individual inadvertently causes a second person to be hurt instead.

What are the 4 main defenses for pleading not guilty in a criminal case? Insanity Defense Entrapment Self-Defense Defense of Family Members

4 Main Defenses to a Crime Insanity U.S. Law says that people cannot be held responsible for their actions if they did not know what they are doing. Entrapment A person was talked into or tricked by a police officer into committing a crime that he or she otherwise would not have committed. Self-Defense When people believe they are in danger of being hurt or killed. They may use force to protect themselves. Defense of Family Members Someone believes a family member is in danger of being hurt or killed.

CATEGORIES OF CRIMES Crimes against People Crimes against Property Crimes against the Government Crimes involving Business Crimes against Society Motor Vehicle Violations

CRIMES AGAINST PEOPLE Murder Manslaughter Assault and Battery Kidnapping Sex Offenses Domestic Violence

CRIMES AGAINST PROPERTY Burglary Robbery Larceny Arson Vandalism

CRIMES INVOLVING BUSINESS Embezzlement Shoplifting Fraud Money Laundering Arson Forgery

CRIMES INVOLVING THE GOVERNMENT Treason Perjury Obstruction of Justice Contempt of Court Bribery

CRIMES AGAINST SOCIETY Disorderly conduct Rioting

MOTOR VEHICLE VIOLATIONS Not obeying traffic laws Speeding Driving without a license Reckless driving Drag racing Joyriding Taking a vehicle without owner’s consent Distracted driving Driving without a seatbelt

Criminal Law System in the U.S. Chain of events (legal documents) when a person is charged with a crime Arrest – this occurs when a person is legally deprived of his or her freedom. Police Report - The police will request that you visit the police station so that you can be interviewed and an official police report can be prepared. This starts the process. Brief - A brief is a legal document prepared by a party to the Court. It contains information on the facts of the case, the legal issues to be decided, the law the Court should apply, and the decision the party desires the Court to reach. Arraignment – a formal hearing during which the defendant is read the indictment or information and is asked to plead guilty or not guilty. Indictment - A formal accusation that a person has committed a criminal offense Court Docket - The official schedule of proceedings in lawsuits pending in a court of law. Trial – a formal examination of evidence before a judge, and typically before a jury, in order to decide guilt in a case of criminal or civil proceedings. Sentencing –the court will sentence the individual; the judges decides the punishment.

Class Activity: Research the penalty for at least 1 of the crimes that we have just covered. You may select a crime from any classification and any type. You may use Vermont Law or research the law in another state. Rest of instructions are posted in Moodle. Due Date: Monday, February 15, 2016