1. Your Assignment
Using at least nine of the Legal Terms that appear on pages 56 & 62 create a short fictional story. This story can be in the form of a newspaper article, a breaking evening news story, or even a short skit. Your story should be at least one written page in length. Use your chapter and glossary to help familiarize you with the Legal Terms.

2. Chapter 3
Criminal Law

3. What is Crime & its Elements
An act against the public good
Elements:
1. Criminal Act
2. Required State of Mind

4. Criminal Act Conduct that is forbidden **Voluntary Conduct**
Failure to Act
Not doing something that is required to do by law
Example: Filing a tax return, registering for the draft, getting a license before driving
**Voluntary Conduct**

5. Required State of Mind Whether Intentional or Accidental
Crime changes according to state of mind
Example: murder:intentional:
involuntary manslaughter:accidental

6. Is there a Third Element??
Motive???
Plays no part in proving criminal liability

7. The Serious & Less Serious Ones
Crimes
The Serious & Less Serious Ones

8. Classifications of Crimes
Two classifications of Crimes
Felony
Misdemeanor

9. Felony Major Crime Punished by :
Imprisonment
Death
Examples: murder, manslaughter, burglary, robbery
***Punishment set determines whether it is a felony.
New Jersey – High Misdemeanors

10. Misdemeanor Less Serious Less Severe Penalty Punished by:
Fine
Brief Imprisonment
Examples: Driving a car without a license

11. Different Types of Crime
Crimes Against People
Crimes Against Property
Crimes involving Controlled Substances

12. Murder/Manslaughter 1st Degree Murder 2nd Degree Murder
Voluntary Manslaughter
Involuntary Manslaughter
Intentional/
Not Planned
Intentional/Planned
Intentional/
Not Planned
Not Intentional/
Not Planned

13. Battery/Assault
Battery
Assault

14. Kidnapping
Unlawful removal or restraint
Against a person’s will

15. Domestic Violence
Reckless form of physical or mental abuse in a household

16. Hate Crimes
Outlaws languages and symbols designed to arouse fear and outrage

17. Summary of Hate Crime Statistics, 2004
Number of incidents
Number of offenses
Number of victims
Number of known offenders
Race
4,042
4,863
5,119
4,173
 Anti-white
829
998
1,027
1,085
 Anti-black
2,731
3,281
3,475
2,694
 Anti-American Indian/Alaska Native 83 97
100
 Anti-Asian/Pacific Islander
217
252
266
188
 Anti-multi-racial group
182
235
251
109
Religion
1,374
1,480
1,586
604
 Anti-Jewish
954
1,003
1,076
330
 Anti-Catholic 57 68 37
 Anti-Protestant 38 43 48 28
 Anti-Islamic
156
193
201
124
 Anti-other religious group
128
140
147
 Anti-multi-religious group 35 39 14
 Anti-atheism/agnosticism/etc. 6 7 3

18. Summary of Hate Crime Statistics, 2004
Sexual orientation
1,197
1,406
1,482
1,258
 Anti-male homosexual
738
855
902
832
 Anti-female homosexual
164
201
212
163
 Anti-homosexual
245
297
314
224
 Anti-heterosexual 33 35 36 22
 Anti-bisexual 17 18
Ethnicity/national origin
972
1,201
1,254
1,047
 Anti-Hispanic
475
611
646
585
 Anti-other ethnicity/national origin
497
590
608
462
Disability 57 71 73 54
 Anti-physical 23 24 16
 Anti-mental 34 48 49 38
Multiple-bias incidents1 7 14 9
Total
7,649
9,035
9,528
7,145

19. Sex Offenses

20. How to define the various crimes against property

21. Robbery
Wrongful taking or carrying away of the personal property of another through violence or threats.
Taking “from the person”
Victim suffers injury or weapon is used – “aggravated” or “armed”

22. Burglary
Breaking and Entering at any time with intent to commit a crime
No physical breaking and entering – can trespass
If one part cannot be proven—not guilty

23. Theft/Larceny Legal Term for Stealing
Unlawful taking and carrying away of the personal property of another with the intent to deprive the owner of their property.
Petty Theft
Grand Theft (over $500)

24. Shoplifting
Form of Theft
Costs Americans Billions of Dollars

25. Embezzlement
Wrongful taking of another person’s property by a person who has been entrusted with that property
Example: Cashier stealing money, company owner or other employee taking cash for personal use

26. Vandalism Willful and malicious damage to property
Lookouts can be charged

27. Art or Vandalism??

28. Vandalism

29. Arson
Willful and malicious burning of a building

30. Motor Vehicle Violations
No protection for juveniles against traffic laws
Fined, license suspended, license revoked

31. Alcohol & Drugs #1 Used Drug in the US
Bartender/Bar owner can be charged with serving/selling to a minor
Bartender can be held responsible for the amount a person drinks.
Possession, distribution, sale, or giving away of drugs is a crime

32. Your Assignment
On a white sheet of paper, draw a picture of each of the three categories of crimes: Crimes Against People, Crimes Against Property, and Crimes involving Controlled Substances

33. Your Assignment Crime Chart
Using Microsoft Excel, Word, or your paper. Create a table with 15 rows and columns. Each column should be labeled: Criminal Act, State of Mind, Crime Committed, Punishment, Felony/Misdemeanor, Source. Using the Internet or local newspapers find articles on crimes that have been committed. Chart each description in its respective columns.

34. Criminal Trial Procedures

35. Participants in a Trial
Plaintiff – the party that accuses a person of a crime
Prosecutor – attorney who represents them
Defendant – person accused
Defending Attorney – represents accused

36. Criminal Trial Procedures
Arrest of the defendant
Arrest - occurs when a person is deprived of his/her freedom.
Indictment - written accusation charging the individual
Grand Jury conducts a preliminary hearing
Jury of inquiry
Must decide if there is enough evidence to justify accusing the defendant

37. Arraignment 4. Trial Asked to plead guilty or not guilty
Guilty - Impose sentence
Not Guilty - Case goes to trial
4. Trial
Selection of Jury
Petit Jury - Trial Jury, decides on guilt or innocence of the person tried
Opening Statements
What the prosecuting/defending attorney is going to try to prove

38. Trial Procedures cont. Introduction of Evidence
Witnesses, present evidence, *the meat of the trial*
Closing Arguments
summary of the case presented, why his/her client should win
Instructions to the Jury - from the judge
Verdict & Judgment - given by the jury/judge
***Burden of Proof - Beyond a Reasonable Doubt**

39. Criminal Defenses
Why did they do it??

40. Most Common Defenses Insanity Entrapment Self-Defense
Defense of Family Members

41. Insanity Two legal tests for Insanity M’Naughten Rule
Defendant must be proven to suffer from a mental disease
2/5ths of the US
American Law Institute (ALI)
Defendant proven as a result of a mental disease or DEFECT lacked substantial capacity
3/5ths of US

42. Entrapment Self-Defense
Law enforcement forced an innocent person to commit a crime
Self-Defense
Attack must happen in home
If not, person must try to retreat first
Did not start fight
Did not use excessive force