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Crime= an act against the public good
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Major crime punishable by imprisonment or death Ex: Murder, manslaughter, burglary, robbery, and arson
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3 rd Degree: 2-10 years $10,000 fine 2 nd Degree: 2-20 years $10,000 fine 1 st Degree: 5-99 years $10,000 fine Capital: Death Life without Parole 3 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.
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Aggravated perjury Bail jumping of a felony arrest Deadly conduct with a firearm Escape from felony custody Indecent exposure to a child Intoxication assault Possession of a firearm by a felon Retaliation Stalking DWI (third offense) Tampering with evidence Violation of protective order (third offense)
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Aggravated assault Arson Bigamy Bribery Evading arrest (and death of another occurs) Improper relationship between educator and student Indecent contact with a child Intoxication manslaughter Manslaughter Online solicitation of a minor under fourteen Possession of fifty to 2000 pounds of marijuana Robbery Sexual assault Stalking—second offense Trafficking of persons
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Aggravated assault of public servant Aggravated kidnapping Aggravated robbery Aggravated sexual assault Attempted capital murder Arson of habitation Burglary of a habitation with intent to commit or commission of a felony Causing serious bodily injury to child, senior citizen, or disabled person Escape from custody (if serious bodily injury occurs) Murder Solicitation of capital murder Trafficking of persons under the age of fourteen
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Committing murder of a public safety officer or firefighter in the line of duty; murder during the commission of specified felonies (kidnapping, burglary, robbery, aggravated rape, arson); multiple murders; murder during a prison escape; murder of a correctional officer; murder of a judge; murder by a state prison inmate who is serving a life sentence for any of five offenses; murder of an individual under six years of age; 7
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Penalized by a fine or brief imprisonment Less severe than a Felony EX: Driving without a license, lying about age to buy alcohol, hit and run, traffic and parking violations
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Class C Misdemeanor Fine up to $500 Cannot be arrested Class B Misdemeanor Up to 180 days in jail $2,000 fine Class A Misdemeanor Up to 2 years in jail $4,000 fine 9
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Assault by threat Disorderly conduct Gambling Issuance of bad check Leaving child in a vehicle Minor in possession of alcohol Possession of alcoholic beverage in motor vehicle Public intoxication Use of Laser pointers
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Criminal Trespass DWI False report to police officer Fraudulent degree Harassment Indecent exposure Possession of 2 ounces or less of marijuana Prostitution Riot Silent Calls to 911 Terroristic threat
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Assault with bodily injury Burglary of coin operated machine Burglary of a vehicle Cruelty to animals DWI (2nd offense) Evading arrest on foot Interference with 911 call Obscenity Perjury Possession of two to four ounces of marijuana Promoting gambling Resisting arrest Stealing check Unlawfully carrying a weapon
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Each state has inherent police power, allowing it to make statutes to protect the public health, safety, welfare, and morals.
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No police power They do have enforcement agencies such as the FBI and the DEA. The federal government’s power to establish these agencies comes form the commerce clause. The commerce clause-requires the federal government to regulate commerce among states.
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Treason is defined in the constitution. What is treason?
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A crime is defined by two elements: The criminal act Required state of mind
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Must involve voluntary conduct.
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The required mental state is intent to commit a crime. Ex: 1 st degree murder vs. involuntary manslaughter In the first instance there was intent to commit the crime in the second it was an accident. Both took a life, but the state of mind was different thus different punishments.
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Motive plays no part in proving criminal liability. If a person has committed a crime with the required state of mind, then he or she is liable regardless of motive.
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Insanity Entrapment Self-Defense Defense of Family Members
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Crimes against People Murder –first degree and second degree Manslaughter - voluntary and involuntary Kidnapping Sex Offenses Domestic Violence Hate Crimes Assault and battery ▪ Assault is the attempt to commit a battery ▪ Battery is the forceful use of an object against another person.
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Manslaughter: Involuntary Involuntary manslaughter usually refers to an unintentional killing that results from recklessness or criminal negligence, or from an unlawful act that is a misdemeanor or low-level felony (such as DUI). The usual distinction from voluntary manslaughter is that involuntary manslaughter (sometimes called "criminally negligent homicide") is a crime in which the victim's death is unintended. For example, Dan comes home to find his wife in bed with Victor. Distraught, Dan heads to a local bar to drown his sorrows. After having five drinks, Dan jumps into his car and drives down the street at twice the posted speed limit, accidentally hitting and killing a pedestrian.
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Manslaughter: Voluntary Voluntary manslaughter is commonly defined as an intentional killing in which the offender had no prior intent to kill, such as a killing that occurs in the "heat of passion." The circumstances leading to the killing must be the kind that would cause a reasonable person to become emotionally or mentally disturbed; otherwise, the killing may be charged as a first-degree or second-degree murder. For example, Dan comes home to find his wife in bed with Victor. In the heat of the moment, Dan picks up a golf club from next to the bed and strikes Victor in the head, killing him instantly.
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Murder: Second degree Second-degree murder is ordinarily defined as 1) an intentional killing that is not premeditated or planned, nor committed in a reasonable "heat of passion" or 2) a killing caused by dangerous conduct and the offender's obvious lack of concern for human life. Second-degree murder may best be viewed as the middle ground between first- degree murder and voluntary manslaughter. For example, Dan comes home to find his wife in bed with Victor. At a stoplight the next day, Dan sees Victor riding in the passenger seat of a nearby car. Dan pulls out a gun and fires three shots into the car, missing Victor but killing the driver of the car.
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Murder: First Degree In most states, first-degree murder is defined as an unlawful killing that is both willful and premeditated, meaning that it was committed after planning or "lying in wait" for the victim. For example, Dan comes home to find his wife in bed with Victor. Three days later, Dan waits behind a tree near Victor's front door. When Victor comes out of the house, Dan shoots and kills him. Most states also adhere to a legal concept known as the "felony murder rule," under which a person commits first-degree murder if any death (even an accidental one) results from the commission of certain violent felonies -- usually arson, burglary, kidnapping, rape, and robbery. For example, Dan and Connie rob Victor's liquor store, but as they are fleeing, Victor shoots and kills Dan. Under the felony murder rule, Connie can be charged with first-degree murder for Dan's death.
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Burglary – B&E of a dwelling house at night with the intent to commit the felony Larceny – legal term for stealing. Embezzlement – taking of another’s property by a person who has been entrusted with that property. Robbery – Taking property with the use of violence or threats Arson – willful and malicious burning of a dwelling or building Vandalism – willful or malicious damage to property Shoplifting – stealing goods from a store (a form of larceny)
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Prostitution Possession of child pornography Gambling Driving while intoxicated Engaging in organized crime 27
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Public intoxication Disorderly conduct Riot Harassment or stalking 28
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Drag racing – two vehicles side by side racing Joyriding – someone temporarily takes a motor vehicle without the owner’s permmission.
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Drugs – Selling warrants a more sever punishment than possession or using. Alcohol – most common used drug in the U.S. contribution to a minor MIP MIC DWI DUI
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