Chapter 2 Criminal Law Section 1 What Is a Crime? Section 2 Particular Crimes

What You’ll Learn How to tell the difference between serious and less serious crimes How to explain the difference between state and federal law

What You’ll Learn How to explain the elements of a crime How to define the various defenses to criminal liability

Why It’s Important Learning the essence of criminal law, the types of crimes that can be committed, and the nature of criminal defense will help you understand our criminal justice system.

Legal Terms crime plaintiff prosecutor defendant felony misdemeanor

Section Outline Classifications of Crimes Felonies Misdemeanors Criminal Law in the American System State Criminal Law Federal Criminal Law

Section Outline Elements of a Crime Criminal Act Required State of Mind Motive

Section Outline Defenses to Crimes Insanity Entrapment Self-Defense Defense of Family Members

Pre-Learning Question How do you think crimes are classified?

Classifications of Crimes Crime is considered an act against the public good. The defendant is the person accused of a crime. The prosecutor is the government attorney who presents the case in court against the defendant.

Classifications of 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.

Felonies A felony is a major crime punishable by imprisonment or death. These include: Murder Manslaughter Burglary Robbery Arson

Misdemeanors A less serious crime with less sever penalty is a misdemeanor. These include: Driving without a license Lying about one’s age to purchase alcohol Leaving the scene of an automobile accident

Pre-Learning Question How is the American legal system organized?

Criminal Law in the American System The American legal system consists of two systems: The state system, and The federal system.

State Criminal Law Each state has inherent police power allowing it to make statutes to protect public: Health Safety Welfare Morals

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.

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.

Federal Criminal Law Today, the federal government does have a criminal code and several police agencies, including: The Federal Bureau of Investigation (FBI) The Drug Enforcement Agency (DEA)

Pre-Learning Question What do you think are the elements of a crime?

Elements of a Crime A crime is defined by two elements: The criminal act, and The required state of mind.

Criminal Act Most criminal statutes specifically explain conduct that is forbidden. A criminal act must also involve voluntary conduct.

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.

Motive Motive plays no part in proving criminal liability.

Pre-Learning Question What do you think are defenses to a crime?

Defenses to Crimes Defense attorneys try to show that the prosecution failed to prove the required elements for the crime charged to their client.

Defenses to Crimes Common defenses are: Insanity Entrapment Self-defense Defense of family members

Insanity American law recognizes that people cannot be held responsible for their actions if they do not know what they are doing.

Insanity About two-fifths of the U.S. use the M’Naghten Rule and the other three-fifths use the American Law Institute (ALI) test to determine insanity. M’Naghten Rule—England 1843—defendant suffers from a mental disease so they did not know the nature of the illegal act committed. American Law Institute Test—as a result of a mental disease, defendant lacks capacity to appreciate the criminality of his conduct or to conform his conduct to the law.

Entrapment If a law enforcement officer induces a law-abiding citizen to commit a crime, the person can use a defense known as entrapment.

Self-Defense When people have good reason to believe they are in danger of serious injury or death, they can use force to protect themselves. This is defense is known as self-defense.

Defense of Family Members Using force to rescue a family member from attack is another defense. As with self-defense, the rescuer must have good reason to believe the victim was in danger of severe bodily harm or death.

What part does motive play in proving criminal liability?

ANSWER None.

Reviewing What You Learned Section 2.1 Assessment Reviewing What You Learned What determines the difference between a felony and a misdemeanor?

Reviewing What You Learned Answer Section 2.1 Assessment Reviewing What You Learned Answer Felonies are more serious than misdemeanors and are distinguished by longer, more severe penalties.

Reviewing What You Learned Section 2.1 Assessment Reviewing What You Learned How do state and federal criminal law differ?

Reviewing What You Learned Answer Section 2.1 Assessment Reviewing What You Learned Answer State governments have inherent police power. It can make statutes to protect the public.

Reviewing What You Learned Answer Section 2.1 Assessment Reviewing What You Learned Answer The federal government has no police power and can create criminal statutes only in those areas over which it has jurisdiction.

Reviewing What You Learned What are the elements of a crime? Section 2.1 Assessment Reviewing What You Learned What are the elements of a crime?

Reviewing What You Learned Answer Section 2.1 Assessment Reviewing What You Learned Answer The criminal act and the required state of mind.

Reviewing What You Learned What are the major criminal defenses? Section 2.1 Assessment Reviewing What You Learned What are the major criminal defenses?

Reviewing What You Learned Answer Section 2.1 Assessment Reviewing What You Learned Answer Insanity, entrapment, self-defense, and defense of family members.

Critical Thinking Activity Legal Defenses Section 2.1 Assessment Critical Thinking Activity Legal Defenses Why is it crucial to understand the different defenses to criminal liability?

Critical Thinking Activity Answer Legal Defenses Section 2.1 Assessment Critical Thinking Activity Answer Legal Defenses In order to properly represent his or her client, an attorney must have a proper understanding of the different defenses to criminal liability.

Legal Skills in Action The Insanity Defense Section 2.1 Assessment Legal Skills in Action The Insanity Defense Many people have misconceptions about the insanity defense in the American legal system. They often see it as a way for criminals to go free without serving time for their offenses.

Legal Skills in Action The Insanity Defense Section 2.1 Assessment Legal Skills in Action The Insanity Defense Imagine that you are a legal columnist for a newsletter for people who support civil liberties. Write a column in which you defend the insanity defense as a necessary part of the American legal system.

Legal Skills in Action Answer Section 2.1 Assessment Legal Skills in Action Answer The Insanity Defense Columns will vary, but should recognize that the criminally insane do not automatically go free, but are committed to institutions for psychiatric help.

End of Section 2.1

What You’ll Learn How to define major crimes against people How to define major crimes against property

What You’ll Learn How to define major crimes that involve controlled substances How to define major crimes that involve computers

Why It’s Important Learning how to distinguish among various crimes will help you understand criminal liability.

Legal Terms murder manslaughter battery assault kidnapping burglary

Legal Terms larceny embezzlement robbery arson vandalism shoplifting

Section Outline Crimes Against People Murder Manslaughter Assault and Battery Kidnapping Sex Offenses Domestic Violence Hate Crimes

Section Outline Crimes Against Property Burglary Larceny Embezzlement Robbery Arson Vandalism Shoplifting

Section Outline Motor Vehicle Violations Crimes Involving Controlled Substances Alcohol Drugs

Section Outline Computer Crimes Federal Crimes and Laws State Crimes and Computers

Pre-Learning Question What do you think are crimes against people?

Crimes Against People Some crimes can be specifically categorized as crimes against people.

Murder Murder is the unlawful killing of another human being with malice aforethought.

Manslaughter Manslaughter is the unlawful killing of another human being without malice aforethought.

Assault and Battery Battery is the unlawful touching of another person. Assault is an attempt to commit battery.

Kidnapping Kidnapping is the unlawful removal or restraint of a person against his or her will.

Sex Offenses Sex offenses include statutory rape and sexual assault.

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

Hate Crimes Actions using certain symbols, writings, pictures, or spoken words to cause fear or anger in people because of their race, religion, color, or gender are known as hate crimes.

What is the difference between murder and manslaughter?

ANSWER Murder indicates malice aforethought and manslaughter does not.

Pre-Learning Question What do you think are crimes against property?

Crimes Against Property Common crimes against property include burglary, larceny, embezzlement, robbery, arson, vandalism and shoplifting.

Burglary Burglary is the breaking and entering of homes and other places with the intent to commit a misdemeanor or a felony.

Larceny Larceny is the unlawful taking and carrying away of the personal property of another with the intent to deprive the owner of the property.

Embezzlement Embezzlement is the wrongful taking of another’s property by a person who has been entrusted with that property.

Robbery Robbery is the wrongful taking and carrying away of the personal property of another through violence or threats.

Arson Arson is the willful and malicious burning of homes and other buildings.

Vandalism Vandalism is the willful or malicious damage to property.

Shoplifting Shoplifting is the act of stealing goods from a store.

During the time Joe Banks worked at the Stop and Go gas station, he put nearly 600 gallons of gasoline into his own car without paying for it. What crime is he probably guilty of?

ANSWER Embezzlement

Pre-Learning Question What do you think are motor vehicle violations?

Motor Vehicle Violations Drag racing—the unauthorized racing of two vehicles side by side and the timing of vehicles that separately run a prearranged course. Joyriding—taking temporarily a motor vehicle without the owner’s permission.

Pre-Learning Question Why are alcohol, tobacco, and drugs considered controlled substances?

Crimes Involving Controlled 2.2 Crimes Involving Controlled Substances Federal and state governments control who may or may not possess or use alcohol tobacco drugs

Pre-Learning Question What kind of crimes can a person commit with a computer?

Computer Crimes Computers and network devices have introduced new ways to commit crimes. Both federal and state statutes address this new legal problem.

Federal Computer Laws The Computer Fraud and Abuse Act is aimed at computer hackers. The National Information Infrastructure Act outlaws the extortion of money or other favors in exchange for not causing a computer system to crash.

State Computer Laws Computer trespass outlaws using a computer for any crime. Computer fraud statutes make it an offense to use a computer to acquire property, services, or money by fraud.

State Computer Laws Some states have a detailed list of computer-related crimes including: Theft of computer services Destruction of equipment Misuse of computer information

Reviewing What You Learned Section 2.2 Assessment Reviewing What You Learned What are the major crimes committed against people?

Reviewing What You Learned Answer Section 2.2 Assessment Reviewing What You Learned Answer Murder, manslaughter, assault, battery, kidnapping, sex offenses, domestic violence, and hate crimes.

Reviewing What You Learned Section 2.2 Assessment Reviewing What You Learned What are the major crimes committed against property?

Reviewing What You Learned Answer Section 2.2 Assessment Reviewing What You Learned Answer Burglary, larceny, embezzlement, robbery, arson, vandalism, and shoplifting.

Reviewing What You Learned Section 2.2 Assessment Reviewing What You Learned What are the major crimes that involve controlled substances?

Reviewing What You Learned Answer Section 2.2 Assessment Reviewing What You Learned Answer Those associated with drugs and alcohol.

Reviewing What You Learned Section 2.2 Assessment Reviewing What You Learned How have the states dealt with computer crime?

Reviewing What You Learned Answer Section 2.2 Assessment Reviewing What You Learned Answer Creation of the crime of computer trespass and passing computer fraud statutes.

Critical Thinking Activity Computer Crime Section 2.2 Assessment Critical Thinking Activity Computer Crime Which of the methods adopted by states to deal with computer crimes do you feel is most effective? Explain your answer.

Critical Thinking Activity Answer Computer Crime Section 2.2 Assessment Critical Thinking Activity Answer Computer Crime Answers will vary, but may reflect your experience with computers.

Legal Skills in Action Hate Speech Section 2.2 Assessment Legal Skills in Action Hate Speech Many states have made it a crime to use certain symbols, writings, pictures, or spoken words to cause fear or anger in people because of their race, religion, color, or gender.

Legal Skills in Action Hate Speech Section 2.2 Assessment Legal Skills in Action Hate Speech The courts have held that hate crime or hate speech statutes must be drafted very narrowly.

Legal Skills in Action Hate Speech Section 2.2 Assessment Legal Skills in Action Hate Speech Imagine that you are a television newscaster for a cable news network. Write an opinion piece in which you argue that the courts are wrong in their rulings regarding hate speech.

Legal Skills in Action Answer Section 2.2 Assessment Legal Skills in Action Answer Hate Speech Opinions will vary, but should reflect an understanding of our Constitutional rights of individual liberty as described in the Bill of Rights.

End of Section 2.2