3Chapter SECTION OPENER / CLOSER: INSERT BOOK COVER ART What Is a Crime? Section 3.1

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law Section 3.1 What Is a Crime? Section 3.2 Particular Crimes 3 Chapter Criminal Law

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law What You’ll Learn How to tell the difference between serious and less serious crimes (p. 56) How to explain the difference between state and federal law (pp. 56 & 57)

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law What You’ll Learn How to explain the elements of a crime (p. 58) How to define the various defenses to criminal liability (p. 59)

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law 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.

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law Legal Terms crime (p. 56) plaintiff (p. 56) prosecutor (p. 56) defendant (p. 56) felony (p. 56) misdemeanor (p. 56)

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law Classifications of Crimes Felonies Misdemeanors Section Outline Criminal Law in the American System State Criminal Law Federal Criminal Law

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law Elements of a Crime Criminal Act Required State of Mind Motive Section Outline

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law Defenses to Crimes Insanity Entrapment Self-Defense Defense of Family Members Section Outline

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law Pre-Learning Question How do you think crimes are classified?

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law 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.

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law 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.

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law Felonies A felony is a major crime punishable by imprisonment or death. These include: murder manslaughter burglary robbery arson

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law 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

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law Pre-Learning Question How is the American legal system organized?

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law The American legal system consists of two systems: Criminal Law in the American System the state system the federal system

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law State Criminal Law Each state has inherent police power allowing it to make statutes to protect public: health safety welfare morals

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law 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.

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law 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.

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law 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)

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law Pre-Learning Question What do you think are the elements of a crime?

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law Elements of a Crime A crime is defined by two elements: the criminal act the required state of mind

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law Most criminal statutes specifically explain conduct that is forbidden. A criminal act must also involve voluntary conduct. Criminal Act

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law The definition of a crime can be changed based on the criminal’s state of mind. Required State of Mind Murder is the intentional taking of a person’s life. Involuntary manslaughter outlaws the accidental taking of a person’s life.

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law Motive plays no part in proving criminal liability. Motive

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law Pre-Learning Question What do you think are defenses to a crime?

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law Defenses to Crimes Defense attorneys try to show that the prosecution failed to prove the required elements for the crime charged to their client.

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law Defenses to Crimes Common defenses are: insanity entrapment self-defense defense of family members

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law Insanity American law recognizes that people cannot be held responsible for their actions if they do not know what they are doing.

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law 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.

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal 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.

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law 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.

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law 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.

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law What part does motive play in proving criminal liability?

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law ANSWER None.

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law Reviewing What You Learned 1. 1.What determines the difference between a felony and a misdemeanor? Section 3.1 Assessment

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law Reviewing What You Learned Felonies are more serious than misdemeanors and are distinguished by longer, more severe penalties. Section 3.1 Assessment Answer

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law Reviewing What You Learned 2. 2.How do state and federal criminal law differ? Section 3.1 Assessment

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law Reviewing What You Learned State governments have inherent police power. It can make statutes to protect the public. Section 3.1 Assessment Answer

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law Reviewing What You Learned The federal government has no police power and can create criminal statutes only in those areas over which it has jurisdiction. Section 3.1 Assessment Answer

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law Reviewing What You Learned 3. 3.What are the elements of a crime? Section 3.1 Assessment

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law Reviewing What You Learned The criminal act and the required state of mind. Section 3.1 Assessment Answer

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law Reviewing What You Learned 4. 4.What are the major criminal defenses? Section 3.1 Assessment

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law Reviewing What You Learned Insanity, entrapment, self-defense, and defense of family members. Section 3.1 Assessment Answer

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law Section 3.1 Assessment Critical Thinking Activity Legal Defenses Why is it crucial to understand the different defenses to criminal liability?

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law Section 3.1 Assessment In order to properly represent his or her client, an attorney must have a proper understanding of the different defenses to criminal liability. Critical Thinking Activity Answer Legal Defenses

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law Section 3.1 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.

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law Section 3.1 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.

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law Section 3.1 Assessment Columns will vary but should recognize that the criminally insane do not automatically go free, but are committed to institutions for psychiatric help. Legal Skills in Action Answer The Insanity Defense

3Chapter SECTION OPENER / CLOSER: INSERT BOOK COVER ART What Is a Crime? End of Section 3.1