+ Good Afternoon! Do Now: Construct your own definition of crime. Discuss your definition with your “Do Now” Partner September 15, 2015

+ What is Crime? Two different types of cases: Civil Cases – individuals sue one another seeking compensation for injuries done to them. Criminal Cases – the state prosecutes individuals for injuring society. Criminal cases focus on whether a defendant has committed a crime and what an appropriate punishment is for that individual.

+ Common Law Common Law Common Law is judge-made. precedents Instead of being created by a legislature, it is based on legal precedents – court decisions – set by judges in earlier cases. All states and federal governments have written criminal codes.

+ Classifications of Offenses The common law divided crimes into two categories Felonies and Misdemeanors FelonyMisdemeanor A serious crime usually punished by one or more years of imprisonment in a state or federal penitentiary. A crime less serious than a felony, usually punished by a fine or imprisonment up to one year in a local jail.

+ Felony or Misdemeanor? “Criminal Acts” You will work with a partner to read and discuss the “Criminal Acts” worksheet. For each act you must answer the following questions: Should the act described be a crime? Why or Why not? If so, should it be a felony or misdemeanor?

+ Partners: Nina JT Hannah Taylor J Justin Austin Cayla Alyssa Katie Julia Scott Luke Blerton Kaleigh Mia Olivia Matt Amber Gianna Jason Macie Lexi Dan Taylor V Rebeccah

+ Elements of Crime The Criminal Justice System carefully defines exactly what a crime is. The system also takes care in defining what must be proven to convict a person of a crime. Almost every crime has four basic elements.

Criminal (Prohibited) Act Conduct prohibited by the law Criminal Intent Kinds *Specific *General *Criminal Negligence *Strict Liability Concurrence of Act and Intent Act and intent must be linked Causation Result must be caused by the act

+ A Prohibited Act The law does not punish people for having criminal thoughts alone – there must be an act attached. In a few rare cases, failing to act is a crime when a person has a legal duty to act. EX. EX. If a parent lets a child die of a long illness without seeking medical help, it can be a crime.

+ Concurrence of the Act and the Intent The person has to intend the act when it is committed. EX. WANTS EX. Seth WANTS to kill Nancy, but then he changes his mind and he forgets all about it. Two months later, he accidently kills Nancy when he drives his car into her. NOT This is NOT legally murder because the intent to kill is not linked to the act.

+ Causation The act has to cause the harmful result. EX. EX. Marge intended to kill Harry, and puts poison in his doughnut. As Harry reaches for the doughnut, he slips, falls, and hits his head and dies. Marge cannot be guilty of murder because she did not cause Harry’s death.

Criminal Intent Specific Intent General Criminal Negligence Strict Liability The person intended just the result that happened. The person did it on purpose. The person knew the result would happen or consciously disregarded the extreme likelihood that it would happen The person does an act unintentionally but with an extreme lack of care. No mental state is required at all

+ Groups: Nina JT Katie Hannah Taylor J Scott Justin Austin Blerton Cayla Alyssa Mia Olivia Julia Matt Amber Luke Gianna Jason Kaleigh Macie Lexi Dan Taylor V Rebeccah

+ Did they Commit Crimes? You will analyze five cases to determine whether criminal conduct has taken place. Read and Discuss the five cases provided. Refer to the explanations about the four basic elements of crime - act, intent, concurrence of act and intent and causation.