Your Assignment Using at least nine of the Legal Terms that appear on pages 56 & 62 create a short fictional story. This story can be in the form of a newspaper article, a breaking evening news story, or even a short skit. Your story should be at least one written page in length. Use your chapter and glossary to help familiarize you with the Legal Terms.

Chapter 3 Criminal Law

What is Crime & its Elements An act against the public good Elements: 1. Criminal Act 2. Required State of Mind

Criminal Act Conduct that is forbidden **Voluntary Conduct** Failure to Act Not doing something that is required to do by law Example: Filing a tax return, registering for the draft, getting a license before driving **Voluntary Conduct**

Required State of Mind Whether Intentional or Accidental Crime changes according to state of mind Example: murder:intentional: involuntary manslaughter:accidental

Is there a Third Element?? Motive??? Plays no part in proving criminal liability

The Serious & Less Serious Ones Crimes The Serious & Less Serious Ones

Classifications of Crimes Two classifications of Crimes Felony Misdemeanor

Felony Major Crime Punished by : Imprisonment Death Examples: murder, manslaughter, burglary, robbery ***Punishment set determines whether it is a felony. New Jersey – High Misdemeanors

Misdemeanor Less Serious Less Severe Penalty Punished by: Fine Brief Imprisonment Examples: Driving a car without a license

Different Types of Crime Crimes Against People Crimes Against Property Crimes involving Controlled Substances

Murder/Manslaughter 1st Degree Murder 2nd Degree Murder Voluntary Manslaughter Involuntary Manslaughter Intentional/ Not Planned Intentional/Planned Intentional/ Not Planned Not Intentional/ Not Planned

Battery/Assault Battery Assault

Kidnapping Unlawful removal or restraint Against a person’s will

Domestic Violence Reckless form of physical or mental abuse in a household

Hate Crimes Outlaws languages and symbols designed to arouse fear and outrage http://www.hatecrime.org/index.html

Summary of Hate Crime Statistics, 2004   Number of incidents Number of offenses Number of victims Number of known offenders Race 4,042 4,863 5,119 4,173  Anti-white 829 998 1,027 1,085  Anti-black 2,731 3,281 3,475 2,694  Anti-American Indian/Alaska Native 83 97 100  Anti-Asian/Pacific Islander 217 252 266 188  Anti-multi-racial group 182 235 251 109 Religion 1,374 1,480 1,586 604  Anti-Jewish 954 1,003 1,076 330  Anti-Catholic 57 68 37  Anti-Protestant 38 43 48 28  Anti-Islamic 156 193 201 124  Anti-other religious group 128 140 147  Anti-multi-religious group 35 39 14  Anti-atheism/agnosticism/etc. 6 7 3

Summary of Hate Crime Statistics, 2004 Sexual orientation 1,197 1,406 1,482 1,258  Anti-male homosexual 738 855 902 832  Anti-female homosexual 164 201 212 163  Anti-homosexual 245 297 314 224  Anti-heterosexual 33 35 36 22  Anti-bisexual 17 18 Ethnicity/national origin 972 1,201 1,254 1,047  Anti-Hispanic 475 611 646 585  Anti-other ethnicity/national origin 497 590 608 462 Disability 57 71 73 54  Anti-physical 23 24 16  Anti-mental 34 48 49 38 Multiple-bias incidents1 7 14 9 Total 7,649 9,035 9,528 7,145

Sex Offenses http://www.mshp.dps.missouri.gov/MSHPWeb/PatrolDivisions/CRID/SOR/SORPage.html

How to define the various crimes against property

Robbery Wrongful taking or carrying away of the personal property of another through violence or threats. Taking “from the person” Victim suffers injury or weapon is used – “aggravated” or “armed”

Burglary Breaking and Entering at any time with intent to commit a crime No physical breaking and entering – can trespass If one part cannot be proven—not guilty

Theft/Larceny Legal Term for Stealing Unlawful taking and carrying away of the personal property of another with the intent to deprive the owner of their property. Petty Theft Grand Theft (over $500)

Shoplifting http://rds.yahoo.com/TID=V00B_8/S=96781308/K=shoplifting/v=2/SID=w/l=VDP/SIG=11rn606l8/EXP=1126144460/*-http%3A//bbauthier.free.fr/ullman/mg31.rm Form of Theft Costs Americans Billions of Dollars

Embezzlement Wrongful taking of another person’s property by a person who has been entrusted with that property Example: Cashier stealing money, company owner or other employee taking cash for personal use

Vandalism Willful and malicious damage to property Lookouts can be charged

Art or Vandalism??

Vandalism

Arson Willful and malicious burning of a building

Motor Vehicle Violations No protection for juveniles against traffic laws Fined, license suspended, license revoked

Alcohol & Drugs #1 Used Drug in the US Bartender/Bar owner can be charged with serving/selling to a minor Bartender can be held responsible for the amount a person drinks. Possession, distribution, sale, or giving away of drugs is a crime

Your Assignment On a white sheet of paper, draw a picture of each of the three categories of crimes: Crimes Against People, Crimes Against Property, and Crimes involving Controlled Substances www.joplinglobe.com www.kcstar.com www.tulsaworld.com

Your Assignment Crime Chart Using Microsoft Excel, Word, or your paper. Create a table with 15 rows and columns. Each column should be labeled: Criminal Act, State of Mind, Crime Committed, Punishment, Felony/Misdemeanor, Source. Using the Internet or local newspapers find articles on crimes that have been committed. Chart each description in its respective columns.

Criminal Trial Procedures

Participants in a Trial Plaintiff – the party that accuses a person of a crime Prosecutor – attorney who represents them Defendant – person accused Defending Attorney – represents accused

Criminal Trial Procedures Arrest of the defendant Arrest - occurs when a person is deprived of his/her freedom. Indictment - written accusation charging the individual Grand Jury conducts a preliminary hearing Jury of inquiry Must decide if there is enough evidence to justify accusing the defendant

Arraignment 4. Trial Asked to plead guilty or not guilty Guilty - Impose sentence Not Guilty - Case goes to trial 4. Trial Selection of Jury Petit Jury - Trial Jury, decides on guilt or innocence of the person tried Opening Statements What the prosecuting/defending attorney is going to try to prove

Trial Procedures cont. Introduction of Evidence Witnesses, present evidence, *the meat of the trial* Closing Arguments summary of the case presented, why his/her client should win Instructions to the Jury - from the judge Verdict & Judgment - given by the jury/judge ***Burden of Proof - Beyond a Reasonable Doubt**

Criminal Defenses Why did they do it??

Most Common Defenses Insanity Entrapment Self-Defense Defense of Family Members

Insanity Two legal tests for Insanity M’Naughten Rule Defendant must be proven to suffer from a mental disease 2/5ths of the US American Law Institute (ALI) Defendant proven as a result of a mental disease or DEFECT lacked substantial capacity 3/5ths of US

Entrapment Self-Defense Law enforcement forced an innocent person to commit a crime Self-Defense Attack must happen in home If not, person must try to retreat first Did not start fight Did not use excessive force