3Chapter SECTION OPENER / CLOSER: INSERT BOOK COVER ART What Is a Crime? Chapter 3: Crimes & Torts

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 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 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 The American legal system consists of two systems: Criminal Law in the American System The state system, and 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 Elements of a Crime A crime is defined by two elements: The criminal act, and 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 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

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

3Chapter SECTION OPENER / CLOSER: INSERT BOOK COVER ART What Is a Crime? Section 3.2

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law What You’ll Learn How to define major crimes against people (p. 62) How to define major crimes against property (p. 66)

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law What You’ll Learn How to define major crimes that involve controlled substances (p. 71) How to define major crimes that involve computers (p. 71)

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law Why It’s Important Learning how to distinguish among various crimes will help you understand criminal liability.

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law Crimes Against People Murder Manslaughter Assault and Battery Kidnapping Sex Offenses Domestic Violence Hate Crimes Section Outline

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law Crimes Against Property Burglary Larceny Embezzlement Robbery Arson Vandalism Shoplifting Section Outline

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law Motor Vehicle Violations Section Outline Crimes Involving Controlled Substances Alcohol Drugs

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law Computer Crimes Federal Crimes and Laws State Crimes and Computers Section Outline

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

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law Some crimes can be specifically categorized as crimes against people. Crimes Against People

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law Murder is the unlawful killing of another human being with malice aforethought. Murder

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law Manslaughter is the unlawful killing of another human being without malice aforethought. Manslaughter

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law Battery is the unlawful touching of another person. Assault is an attempt to commit battery. Assault and Battery

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law Kidnapping is the unlawful removal or restraint of a person against his or her will. Kidnapping

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law Sex offenses include statutory rape and sexual assault. Sex Offenses

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law Domestic violence is any reckless form of physical or mental abuse within a family or household. Domestic Violence

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

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law What is the difference between murder and manslaughter?

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law ANSWER Murder indicates malice aforethought and manslaughter does not.

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

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law Common crimes against property include burglary, larceny, embezzlement, robbery, arson, vandalism and shoplifting. Crimes Against Property

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law Burglary is the breaking and entering of homes and other places with the intent to commit a misdemeanor or a felony. Burglary

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law Larceny is the unlawful taking and carrying away of the personal property of another with the intent to deprive the owner of the property. Larceny

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law Embezzlement is the wrongful taking of another’s property by a person who has been entrusted with that property. Embezzlement

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law Robbery is the wrongful taking and carrying away of the personal property of another through violence or threats. Robbery

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law Arson is the willful and malicious burning of homes and other buildings. Arson

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law Vandalism is the willful or malicious damage to property. Vandalism

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law Shoplifting is the act of stealing goods from a store. Shoplifting

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

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

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law Pre-Learning Question What do you think are motor vehicle violations?

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

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law Pre-Learning Question Why are alcohol, tobacco, and drugs considered controlled substances?

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law 3.2 Crimes Involving Controlled Substances Federalandstategovernments control who may or may not possess or use alcoholtobaccodrugs

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law Computers and network devices have introduced new ways to commit crimes. Both federal and state statutes address this new legal problem. Computer Crimes

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

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

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law Some states have a detailed list of computer-related crimes including: State Computer Laws Theft of computer services Destruction of equipment Misuse of computer information

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law Reviewing What You Learned 1. 1.What are the major crimes committed against people? Section 3.2 Assessment

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law Reviewing What You Learned Murder, manslaughter, assault, battery, kidnapping, sex offenses, domestic violence, and hate crimes. Section 3.2 Assessment Answer

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law Reviewing What You Learned 2. 2.What are the major crimes committed against property? Section 3.2 Assessment

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law Reviewing What You Learned Burglary, larceny, embezzlement, robbery, arson, vandalism, and shoplifting. Section 3.2 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 major crimes that involve controlled substances? Section 3.2 Assessment

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law Reviewing What You Learned Those associated with drugs and alcohol. Section 3.2 Assessment Answer

3Chapter SECTION OPENER / CLOSER: INSERT BOOK COVER ART What Is a Crime? End of Section 3.2

3Chapter SECTION OPENER / CLOSER: INSERT BOOK COVER ART What Is a Crime? Section 4.1

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law Section 4.1 Intentional Torts Section 4.2 Negligence and Strict Liability 4 Chapter The Law of Torts

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law What You’ll Learn How to tell the difference between a crime and a tort (p. 80) How to explain the nature of tort law (p. 80)

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law Why It’s Important Learning the difference between a tort and a crime, as well as the types of intentional torts, will help you understand how the justice system protects people from injury.

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law The Difference Between Criminal Law and Tort Law Intentional Torts Assault and Battery Trespass Nuisance Section Outline

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law Intentional Torts, continued False Imprisonment Defamation Invasion of Privacy Section Outline

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law Pre-Learning Question What is the difference between criminal law and tort law?

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law A crime is an act against not only a specific individual, but the general welfare, as well. A tort is a private wrong committed by one person against another. The Difference Between Criminal Law and Tort Law

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law A tort will lead the wronged party to try and recover money as compensation for the loss or injury suffered. The Difference Between Criminal Law and Tort Law

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law A tort does not, however, call upon the government to punish the wrongdoer. The Difference Between Criminal Law and Tort Law

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law The law of torts is grounded in the concept of rights. Under tort law all people are entitled to certain rights. The Concept of Rights

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law These include the right to: The Concept of Rights Be free from bodily harm. Enjoy a good reputation Conduct business without unwarranted interference.

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law The law imposes a duty on all of us to respect the rights of others. Tort law governs this interplay between rights and duties. The Concept of Rights

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law Pre-Learning Question What is an intentional tort?

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law Intentional Torts Torts can be committed either intentionally or unintentionally. An intentional tort occurs when a person knows and desires the consequences of his or her act.

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law Assault and Battery The tort of assault occurs when one person deliberately leads another person to believe that he or she is about to be harmed. The tort of battery involves the unlawful, unprivileged touching of another person.

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law Assault and Battery The tort of assault is different from the crime of assault. The victim of a tort assault must know that the tortfeasor meant to commit harm. A tortfeasor is the person who committed the tort.

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law Trespass A trespass is the wrongful damage to or interference with the property of another.

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law Nuisance The tort of nuisance is anything that interferes with the enjoyment of life or property.

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law False Imprisonment Law enforcement officers must have probable cause or a warrant to arrest someone, or they can be sued for false imprisonment, or false arrest.

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law Defamation Defamation is the wrongful act of injuring another’s reputation by making false statements. Libel is a false statement in written form. Slander is a false statement made orally to a third party.

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law Invasion of Privacy Invasion of privacy is interfering with a person’s right to be left alone, which includes the right to be free from unwanted publicity and interference with private matters.

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law Reviewing What You Learned 1. 1.What is the difference between a crime and a tort? Section 4.1 Assessment

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law Reviewing What You Learned 2. 2.What concept is at the heart of tort law? Section 4.1 Assessment

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law Reviewing What You Learned The law of torts is grounded in the concept of rights. Section 4.1 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 most common intentional torts? Section 4.1 Assessment

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law Reviewing What You Learned Assault, battery, trespass, nuisance, false imprisonment, defamation, and invasion of privacy. Section 4.1 Assessment Answer

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law Section 4.1 Assessment Critical Thinking Activity Tort Law If criminal law is responsible for dealing with individuals who commit wrongful acts, what purpose does tort law serve? Why do you need to understand the different intentional torts?

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law Section 4.1 Assessment Tort law compensates victims, and in order to properly represent his or her client as a tortfeasor or a victim, an attorney must have a proper understanding of the different intentional torts. Critical Thinking Activity Answer Tort Law

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law Section 4.1 Assessment Legal Skills in Action Computer Privacy Many people, businesses, and government agencies today have increased access to computers. Although this access may be of great convenience, it is also a source of danger, especially to privacy.

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law Section 4.1 Assessment Legal Skills in Action Computer Privacy Write a research paper in which you trace the development of the computer along with the increased threat to privacy represented by its development.

Understanding Business and Personal Law What Is a Crime? Section 3.1 Criminal Law Section 4.1 Assessment Reports will vary, but should cite sources to support their findings. Legal Skills in Action Answer Computer Privacy

3Chapter SECTION OPENER / CLOSER: INSERT BOOK COVER ART What Is a Crime? End of Section 4.1