1. In your notebook, write down your definition of “Crime”

2. Are there certain behaviors that are bad or dangerous, but are not crimes???

3. There are two definitions for crime:
Social Definition of Crime
Any behavior that violates society’s norms: anti-social
Norm: "rule" that states what humans should or should not do in certain situations

4. Problems with Social Definition
Norms and anti-social behavior are not the same everywhere
Ex: Prostitution, Homosexual Marriage
Norms are viewed differently by people
Ex: Abortion

5. Are tattoos a crime?

6. Legal Definition
A violation (breaking) of a criminal law without any excuse and punished by the government
Problems with Legal Definition
Overcriminalization
- Some things are crimes that probably should not be; victimless crimes

7. Legal Definition Cont Nonenforcement
- Some things are crimes, but are not enforced
Undercriminalization
- Some things should be against the law, but are not

8. Elements of Crime 2. Legality 3. Actus reus 4. Mens rea 5. Causation
1. Harm
2. Legality
3. Actus reus
4. Mens rea
5. Causation
6. Concurrence
7. Punishment

9. Harm In order for there to be a crime, there has to be harm done
- Has to be physical or verbal harm (not emotional or mental)

10. Legality
In order for an action to be a crime, it has to be a written law
Ex Post Facto
Can not go back and punish someone for a behavior when it was not a crime.
Ex: Drinking age

11. Actus reus Latin term referring to criminal action
In order for there to be a crime, a person has to do something (or nothing) to cause harm.

12. Mens rea Latin term referring to mental side of crime.
- In order for there to be a crime, a person has to intend, or want, to commit a crime. Gives criminal responsibility
Accidents are usually not crimes, unless there is negligence.
Negligence: person does not take actions to prevent harm.

13. Defenses for Criminal Responsibility
1. Duress -  You were forced to commit a crime, did not want to
2. Underage - Under 7: cannot be held accountable for crimes.  Under 18: can be partially held accountable for crimes
3. Insanity
 Can be argued in two ways:
 A. Person did not know what they were doing
 B. Person did not know what they were doing was wrong

14. 4. Self Defense - Committed a crime to prevent greater harm to yourself or  someone else
5. Entrapment - You committed a crime because police forced you to commit it; otherwise you would not have done it.
6. Necessity Defense - You committed a crime to prevent a more serious crime from  happening

15. Causation
The criminal action (actus reas) must lead directly to harm for a victim.
 Ex: Shaken baby

16. Concurrence
There has to be both actus reas (a criminal action) and mens rea (criminal intent) at the same time.
Example: You allow someone to borrow your car. While they have your car they rob a bank.
Are they guilty of stealing your car?
Are they guilty of robbery of the bank?

17. Punishment
In order for there to be a crime, there has to be some legal punishment.
Otherwise, how could you enforce it???

18. Assignment: Read information on the insanity plea.
As you read the article highlight points you agree with and underline those you don’t.
When done decide which side you would argue for those who think the insanity plea should be valid or should not be valid.
Class or group debate

19. Answer the following questions
1. Who was the first person to successfully use the insanity defense?
2. Why is an insanity defense necessary?
3. Are insanity defenses successful?
4. What is the punishment for someone found guilty because of insanity?
5. Is the insanity defense only used in murder trials?