CRIMINAL LAW Chapter 2

Crimes & Criminal Justice Section 1

Crimes An offense committed against the public or society Punishment one or a combination of: Fine Probation Community service Jail/Prison Death The innocent is protected from unjust accusations/imprisonment by the Constitution

___________________ VS. ___________________ Criminal Court ___________________ VS. ___________________ Defendant Accused of Crime Plaintiff Accuses defendant of crime Prosecutor government official who brings the case against the defendant (District Attorney) Represents the people or public

Classification of Crimes Felony Misdemeanor Major Crime Murder, Robbery, Rape, Arson, Fine, Prison, Death Liable for civil suit Ex: Rape victim Less Serious Crime Driving without license, Trespass, Petty Theft Fine, Jail, Probation, Community Service Jail-time can be days up to 1 year

Classification of Crimes cont. Infractions Minor offense punishable with a fine (no jail time) Violations of city ordinance, traffic laws, littering, disturbing the peace Fine, fixing the situation (vandalism)

The Legal System Federal Criminal Law Usually involves commerce or crimes across state lines Commerce Clause- allows the fed create its own police force FBI Typically cannot make criminal law unless it involves the federal gov Ex: Counterfeit money

The Legal System State Criminal Law The power to make criminal laws is called state’s police power State laws are similar, but vary in terminology Ex: Robbery vs. Stealing

Elements of Crime Criminal Act State of Mind The Law must be specific Ex: definition of Theft vs. Robbery Must be voluntary Intent or negligence Motive is not needed to prove a crime, only helps explain why

Using terms learned in class today, explain the required state of mind for the following acts: Murder Involuntary manslaughter Law Question

Defenses to Crimes Insanity Cannot be held responsible for their actions if they do not know what they are doing. Guilty must go to a mental institution; only released if found sane

Testing Insanity M’Naghten Rule: Defendant does not know right from wrong when committing the crime Irresistible impulse: Defendant is unstoppable when committing a crime ALI: Defendant lacks capacity to understand the crime (American Law Institute)

Defenses to Crimes cont. Entrapment A police officer talks into or tricks the defendant into committing a crime

Defenses to Crimes cont. Self-Defense Use force to protect oneself when faced with danger of being hurt or killed Cannot use if: Started the confrontation Continued to use force

Defenses to Crimes cont. Defense of Family Use force to protect a family member when faced with danger of being hurt or killed Cannot use if: Crime occurs after the threat

Types of Crimes Section 2

Crimes against People Murder: intentional killing First Degree = possible death penalty Make a detailed plan Vicious Committing another crime Second Degree None of the above conditions Manslaughter: killing without intent Voluntary or Involuntary

Crimes against People Battery: unlawful touching of another person Forceful use of hand, weapon, or instrument Assault: Attempt to commit battery Simple Battery and Simple Assault = misdemeanor Aggravated Assault and Aggravated Battery = felony Must be committed with a deadly weapon or with the intent to commit murder, rape, robbery

Crimes against People Kidnapping Sex Offenses Domestic Violence Statutory rape- rape of a minor, with or without force Date rape- sexual assault by a friend or a date A minor can be prosecuted for having sex with another minor Domestic Violence Reckless form of physical or mental harm Protects from neglect, mental abuse, physical abuse

Crimes against Property Burglary Breaking and entering into a house Larceny(theft) Unlawful taking of someone’s personal property with the intent to keep the property away from that person Petty larceny, Grand larceny

Crimes against Property Robbery Taking of someone’s property by threatening or using violence Vandalism Willful or malicious damage to property Anyone who supports the damage can be charged

Crimes involving Business “White collar crimes” Embezzlement Taking property by someone entrusted with control Writing checks, withdraw funds Shoplifting Hiding merchandise before leaving a store Fraud Deception to obtain money or property USPS- mail fraud; Phone/email- wire fraud

Crimes involving Business Money Laundering Hiding money Arson Willful burning of a building Forgery False signature on a document with the intent to deceive someone and deprive them of property.

Crimes against the Government Treason Waging war against the US. Giving aid to enemies Perjury lying under oath Obstruction of Justice hinders the ability of the court to move forward Contempt of Court ignores a court order, show disrespect to court Bribery Giving money/property to a public official

Crimes against Society All criminal law statutes involve offenses against society Disorderly Conduct and Rioting Threatens to disrupt the social order, imperil public safety, jeopardize the health of public Rioting

Motor Vehicle Violations Traffic tickets Drag racing Joyriding

Choose 2 new terms/vocab words from today and use those words in one or two sentences pertaining to law. Law Question

Choose a topic or key word from today’s lesson and discuss how it could be used in the real world. Law Question