CHAPTER 2.1 Crimes and Criminal Justice Objectives Explain the differences between categories of crimes Distinguish federal from state criminal law Describe the elements of a crime Determine several defenses to criminal acts Explain the differences between penalties for committing felonies and misdemeanors

Classification of Crimes Crime- an offense committed against the public good, or society If convicted person can be fined, imprisoned, or sometimes even sentenced to death. Defendant- person who is accused of a crime. Plaintiff- party that accuses a person of a crime Prosecutor- the government official who brings the case against the defendant. Called a district attorney Represents the people, or the public, in a criminal case

Levels of Crimes Levels of Crimes Felonies Misdemeanors Infractions

Levels of Crimes Felony- A major crime Punished by fine, or by imprisonment, or both Ex. Murder and robbery Most serious is Murder- can be punishable by death May also be liable for a civil penalty (ex. Rape victim can sue for medical bills) Misdemeanors Less serious crime Punished by fine, imprisonment, or both Jail time usually less than a year (smaller jail, not a state penitentiary) Ex. Driving car without a license Infraction- minor offense usually punishable with a fine and no jail time Ex. Speeding tickets

Criminal Law in the U.S. Legal System U.S. has two court systems: federal and state Federal Criminal Law Constitution limits powers of federal government Can not make criminal laws Exception: laws against counterfeiting money (money printed by federal government) Has own police force, FBI. Federal criminal law usually involves commerce among the states

State Criminal Law State Criminal Law States can make criminal law Most laws are similar in all states Names may be different (ex. Theft in one state, stealing in another. Same crime)

Elements of a Crime Crime requires two elements Criminal Act Theft Criminal laws must describe the specific conduct that the law forbids Criminal laws also make not doing something a crime (ex. Not paying taxes) Criminal act must be voluntary, can not be a condition. Is being an alcoholic a crime? Theft Stealing another person’s property Robbery Stealing another person’s property through violence or the threat of violence

Elements (continued) Required State of Mind Required state of mind is INTENT for murder Required state of mind is NEGLIGENCE for involuntary manslaughter Both result in someone’s life being taken, but different crimes To prove a crime occurred does not require proving a motive

WEB QUEST ACTIVITY ON PAGE 39

Defenses to Crimes 4 Main defenses for defendants in criminal trials Insanity Entrapment Self- Defense Defense of Family Members

INSANTIY U.S. Law says that people cannot be held responsible for their actions if they do not know what they are doing. Requires that the person did not know the difference between right and wrong WHEN committing the crime. Tested with the M’Naghten Rule (oldest legal test). Another test is the Irresistible Impulse Test Must have a mental disease that makes telling the difference between right and wrong impossible or makes the defendant unable to stop him- or herself from committing the crime.

INSANITY (Continued) ALI (American Law Institute) has the ALI Rule Defendant must have a mental disease so serious that he or she lacks substantial capacity either to appreciate the criminality of his or her conduct or to conform his or her conduct to the requirements of the law If found guilty, defendant does NOT go to jail and do NOT go free. Sent to a mental institution for psychiatric treatment. Released when they are sane again.

ENTRAPMENT Entrapment- When a police officer talks a person into committing a crime Person was talked into or tricked into committing a crime they otherwise would not have committed

Self-Defense Self-Defense- person believes they were in imminent danger and had no choice but to use force to protect themselves Some states a person must try to run away first Usually not required if the person is in his or her own home Can NOT use self-defense if you start the confrontation or if you continue to use force even after the danger was gone.

DEFENSE of FAMILY MEMBERS Person may use force to protect family members who are in danger of being hurt or killed Must have good reason to believe the victim was in danger of severe bodily injury or death Can NOT use this defense if the crime occurs after the threat of harm has passed.

SECTION 2.2 TYPES OF CRIMES

Types of Crimes Crimes can be categorized into crimes against: People Property Business Government Society

Crimes against People Sex Offenses Murder Kidnapping Assault Battery Manslaughter Domestic Violence Battery Assault

Murder- Intentional killing of another person First Degree Murder (can be punished with the death penalty) Killing after making a detailed plan to kill Killing in an especially vicious way ( ex. Torture) Killing while committing another serious crime Manslaughter- killing another person without intending to do so. Either Voluntary or Involuntary Voluntary- killing someone while in a state of great distress and without a prior plan to kill (ex. Catching your spouse cheating and killing her lover) Involuntary- accidentally killing someone while committing an unlawful or reckless act (ex. Killing someone while drinking and driving)

3. Battery- Unlawful touching of another person Forceful use of a person’s hand, a weapon, or other instrument against a person Ex. Ordering a dog to attack or even kissing someone who doesn’t want to be kissed 4. Assault- An attempt to commit a battery Ex. Waving a baseball bat at someone (turns to battery if you hit them with the bat) Two types of Assault and Battery charges Simple- charged as misdemeanors Aggravated- charged as felonies (crime committed with a deadly weapon or with intent to commit murder, rape, or robbery) Kidnapping- Unlawful removal or restraint of a person against his or her will

Sex Offenses Rape- Forcing another person to have intercourse Statutory Rape- having intercourse with a minor, WITH or WITHOUT force. (minor can be charged for having sex with another minor) 7. Domestic Violence- Any reckless form of physical or mental harm in a family or household Children are protected by Child Endangerment laws and Child Abuse laws.

CRIMES AGAINST PROPERTY Crimes against property are: Burglary Robbery Arson Larceny Vandalism

Vandalism- Willful or malicious damage to property Burglary- Breaking and entering into a house, or any other building, to commit a felony or misdemeanor. Larceny- Unlawful taking of someone’s personal property with the intent to keep the property away from that person. Also called Theft Petty larceny- misdemeanor (usually value is between $300- $1,000) Grand larceny- felony (value anything above state’s limit on petty larceny) Robbery- Wrongful taking of someone’s property by threating violence or using violence. (penalty is greater than that of Larceny) Vandalism- Willful or malicious damage to property Don’t have to be the one vandalizing to be charged. Any involvement can bring a charge, such as a lookout person. Arson- Willful and malicious burning of any building.

CRIMES INVOLVING BUSINESS Embezzlement Shoplifting Fraud Money Laundering Arson Forgery

Money Laundering- hiding money that was obtained illegally. Embezzlement- Wrongful taking of property by someone who was legally trusted to have possession and control of that property Fraud- A person or business engages in some form of deception to obtain money or property. Some types are Federal Offenses (Mail Fraud) Money Laundering- hiding money that was obtained illegally. Can be charged even if you did not steal the money. Arson- Willful and malicious burning of any building. Forgery- Placing a false signature on a check or other document with the intent to deceive someone in order to deprive them of their property

CRIMES AGAINST GOVERNMENT Treason Perjury Obstruction of Justice Contempt of Court Bribery

Perjury, Obstruction of Justice and Contempt of Court Treason- Waging war against the United States, or giving aid and comfort to enemies of the United States. Defined in Article III, Section 3 of the U.S. Constitution Only crime mentioned by name in the Constitution Perjury, Obstruction of Justice and Contempt of Court All involve undermining the administration of the courts. Perjury- Lying under oath in court Obstruction of Justice- Hindering the ability of the court to move forward in a judicial proceeding Contempt of Court- Ignoring a court order or showing a lack of respect for the integrity of the court. Bribery- Giving money or property to a public official in exchange for a favor from that official.

CRIMES AGAINST SOCIETY Disorderly Conduct- Activity that threatens to disrupt the social order, endanger public safety, or jeopardize the health of the public at larger. Rioting- Activity that threatens to harm people or to damage property, or who violently commit one or the other of those offenses. Usually requires at least 3 people. Motor Vehicle Violations Examples: Driving without a license Reckless Driving Ignoring traffic laws