2. Chapter 2 Criminal Law Section 1 What Is a Crime? Section 2
Particular Crimes

3. What You’ll Learn
How to tell the difference between serious and less serious crimes
How to explain the difference between state and federal law

4. What You’ll Learn
How to explain the elements of a crime
How to define the various defenses to criminal liability

5. Why It’s Important
Learning the essence of criminal law, the types of crimes that can be committed, and the nature of criminal defense will help you understand our criminal justice system.

6. Legal Terms
crime
plaintiff
prosecutor
defendant
felony
misdemeanor

7. Section Outline Classifications of Crimes
Felonies
Misdemeanors
Criminal Law in the American System
State Criminal Law
Federal Criminal Law

8. Section Outline Elements of a Crime Criminal Act
Required State of Mind
Motive

9. Section Outline Defenses to Crimes Insanity Entrapment Self-Defense
Defense of Family Members

10. Pre-Learning Question
How do you think crimes are classified?

11. Classifications of Crimes
Crime is considered an act against the public good.
The defendant is the person accused of a crime.
The prosecutor is the government attorney who presents the case in court against the defendant.

12. Classifications of Crimes
The plaintiff is the party that accuses a person of a crime.
In criminal proceedings, the state or federal government, representing the public at large, is the plaintiff.

13. Felonies
A felony is a major crime punishable by imprisonment or death. These include:
Murder
Manslaughter
Burglary
Robbery
Arson

14. Misdemeanors
A less serious crime with less sever penalty is a misdemeanor. These include:
Driving without a license
Lying about one’s age to purchase alcohol
Leaving the scene of an automobile accident

15. Pre-Learning Question
How is the American legal system organized?

16. Criminal Law in the American System
The American legal system consists of two systems:
The state system, and
The federal system.

17. State Criminal Law
Each state has inherent police power allowing it to make statutes to protect public:
Health
Safety
Welfare
Morals

18. Federal Criminal Law The federal government has no police power.
It can create criminal statutes only in areas over which it has jurisdiction, such as counterfeiting, because it has the power to coin money.

19. Federal Criminal Law
Because of the Commerce Clause of the U.S. Constitution, the federal government has the power to regulate commerce among the states.
As a result, federal criminal law must involve some sort of interstate activity.

20. Federal Criminal Law
Today, the federal government does have a criminal code and several police agencies, including:
The Federal Bureau of Investigation (FBI)
The Drug Enforcement Agency (DEA)

21. Pre-Learning Question
What do you think are the elements of a crime?

22. Elements of a Crime A crime is defined by two elements:
The criminal act, and
The required state of mind.

23. Criminal Act
Most criminal statutes specifically explain conduct that is forbidden.
A criminal act must also involve voluntary conduct.

24. Required State of Mind
The definition of a crime can be changed based on the criminal’s state of mind.
Murder is the intentional taking of a person’s life.
Involuntary manslaughter outlaws the accidental taking of a person’s life.

25. Motive
Motive plays no part in proving criminal liability.

26. Pre-Learning Question
What do you think are defenses to a crime?

27. Defenses to Crimes
Defense attorneys try to show that the prosecution failed to prove the required elements for the crime charged to their client.

28. Defenses to Crimes Common defenses are: Insanity Entrapment
Self-defense
Defense of family members

29. Insanity
American law recognizes that people cannot be held responsible for their actions if they do not know what they are doing.

30. Insanity
About two-fifths of the U.S. use the M’Naghten Rule and the other three-fifths use the American Law Institute (ALI) test to determine insanity.
M’Naghten Rule—England 1843—defendant suffers from a mental disease so they did not know the nature of the illegal act committed.
American Law Institute Test—as a result of a mental disease, defendant lacks capacity to appreciate the criminality of his conduct or to conform his conduct to the law.

31. Entrapment
If a law enforcement officer induces a law-abiding citizen to commit a crime, the person can use a defense known as entrapment.

32. Self-Defense
When people have good reason to believe they are in danger of serious injury or death, they can use force to protect themselves.
This is defense is known as self-defense.

33. Defense of Family Members
Using force to rescue a family member from attack is another defense.
As with self-defense, the rescuer must have good reason to believe the victim was in danger of severe bodily harm or death.

34. What part does motive play in proving criminal liability?

35. ANSWER
None.

36. Reviewing What You Learned
Section 2.1 Assessment
Reviewing What You Learned
What determines the difference between a felony and a misdemeanor?

37. Reviewing What You Learned Answer
Section 2.1 Assessment
Reviewing What You Learned
Answer
Felonies are more serious than misdemeanors and are distinguished by longer, more severe penalties.

38. Reviewing What You Learned
Section 2.1 Assessment
Reviewing What You Learned
How do state and federal criminal law differ?

39. Reviewing What You Learned Answer
Section 2.1 Assessment
Reviewing What You Learned
Answer
State governments have inherent police power. It can make statutes to protect the public.

40. Reviewing What You Learned Answer
Section 2.1 Assessment
Reviewing What You Learned
Answer
The federal government has no police power and can create criminal statutes only in those areas over which it has jurisdiction.

41. Reviewing What You Learned What are the elements of a crime?
Section 2.1 Assessment
Reviewing What You Learned
What are the elements of a crime?

42. Reviewing What You Learned Answer
Section 2.1 Assessment
Reviewing What You Learned
Answer
The criminal act and the required state of mind.

43. Reviewing What You Learned What are the major criminal defenses?
Section 2.1 Assessment
Reviewing What You Learned
What are the major criminal defenses?

44. Reviewing What You Learned Answer
Section 2.1 Assessment
Reviewing What You Learned
Answer
Insanity, entrapment, self-defense, and defense of family members.

45. Critical Thinking Activity Legal Defenses
Section 2.1 Assessment
Critical Thinking Activity
Legal Defenses
Why is it crucial to understand the different defenses to criminal liability?

46. Critical Thinking Activity Answer Legal Defenses
Section 2.1 Assessment
Critical Thinking Activity Answer
Legal Defenses
In order to properly represent his or her client, an attorney must have a proper understanding of the different defenses to criminal liability.

47. Legal Skills in Action The Insanity Defense
Section 2.1 Assessment
Legal Skills in Action
The Insanity Defense
Many people have misconceptions about the insanity defense in the American legal system. They often see it as a way for criminals to go free without serving time for their offenses.

48. Legal Skills in Action The Insanity Defense
Section 2.1 Assessment
Legal Skills in Action
The Insanity Defense
Imagine that you are a legal columnist for a newsletter for people who support civil liberties. Write a column in which you defend the insanity defense as a necessary part of the American legal system.

49. Legal Skills in Action Answer
Section 2.1 Assessment
Legal Skills in Action Answer
The Insanity Defense
Columns will vary, but should recognize that the criminally insane do not automatically go free, but are committed to institutions for psychiatric help.

50. End of Section 2.1

51. What You’ll Learn
How to define major crimes against people
How to define major crimes against property

52. What You’ll Learn
How to define major crimes that involve controlled substances
How to define major crimes that involve computers

53. Why It’s Important
Learning how to distinguish among various crimes will help you understand criminal liability.

54. Legal Terms
murder
manslaughter
battery
assault
kidnapping
burglary

55. Legal Terms
larceny
embezzlement
robbery
arson
vandalism
shoplifting

56. Section Outline Crimes Against People Murder Manslaughter
Assault and Battery
Kidnapping
Sex Offenses
Domestic Violence
Hate Crimes

57. Section Outline Crimes Against Property Burglary Larceny Embezzlement
Robbery
Arson
Vandalism
Shoplifting

58. Section Outline Motor Vehicle Violations
Crimes Involving Controlled Substances
Alcohol
Drugs

59. Section Outline Computer Crimes Federal Crimes and Laws
State Crimes and Computers

60. Pre-Learning Question
What do you think are crimes against people?

61. Crimes Against People
Some crimes can be specifically categorized as crimes against people.

62. Murder
Murder is the unlawful killing of another human being with malice aforethought.

63. Manslaughter
Manslaughter is the unlawful killing of another human being without malice aforethought.

64. Assault and Battery
Battery is the unlawful touching of another person.
Assault is an attempt to commit battery.

65. Kidnapping
Kidnapping is the unlawful removal or restraint of a person against his or her will.

66. Sex Offenses
Sex offenses include statutory rape and sexual assault.

67. Domestic Violence
Domestic violence is any reckless form of physical or mental abuse within a family or household.

68. Hate Crimes
Actions using certain symbols, writings, pictures, or spoken words to cause fear or anger in people because of their race, religion, color, or gender are known as hate crimes.

69. What is the difference between murder and manslaughter?

70. ANSWER
Murder indicates malice aforethought and manslaughter does not.

71. Pre-Learning Question
What do you think are crimes against property?

72. Crimes Against Property
Common crimes against property include burglary, larceny, embezzlement, robbery, arson, vandalism and shoplifting.

73. Burglary
Burglary is the breaking and entering of homes and other places with the intent to commit a misdemeanor or a felony.

74. Larceny
Larceny is the unlawful taking and carrying away of the personal property of another with the intent to deprive the owner of the property.

75. Embezzlement
Embezzlement is the wrongful taking of another’s property by a person who has been entrusted with that property.

76. Robbery
Robbery is the wrongful taking and carrying away of the personal property of another through violence or threats.

77. Arson
Arson is the willful and malicious burning of homes and other buildings.

78. Vandalism
Vandalism is the willful or malicious damage to property.

79. Shoplifting
Shoplifting is the act of stealing goods from a store.

80. During the time Joe Banks worked at the Stop and Go gas station, he put nearly 600 gallons of gasoline into his own car without paying for it. What crime is he probably guilty of?

81. ANSWER
Embezzlement

82. Pre-Learning Question
What do you think are motor vehicle violations?

83. Motor Vehicle Violations
Drag racing—the unauthorized racing of two vehicles side by side and the timing of vehicles that separately run a prearranged course.
Joyriding—taking temporarily a motor vehicle without the owner’s permission.

84. Pre-Learning Question
Why are alcohol, tobacco, and drugs considered controlled substances?

85. Crimes Involving Controlled
2.2
Crimes Involving Controlled
Substances
Federal
and
state
governments
control who
may or may
not possess
or use
alcohol
tobacco
drugs

86. Pre-Learning Question
What kind of crimes can a person commit with a computer?

87. Computer Crimes
Computers and network devices have introduced new ways to commit crimes.
Both federal and state statutes address this new legal problem.

88. Federal Computer Laws
The Computer Fraud and Abuse Act is aimed at computer hackers.
The National Information Infrastructure Act outlaws the extortion of money or other favors in exchange for not causing a computer system to crash.

89. State Computer Laws
Computer trespass outlaws using a computer for any crime.
Computer fraud statutes make it an offense to use a computer to acquire property, services, or money by fraud.

90. State Computer Laws
Some states have a detailed list of computer-related crimes including:
Theft of computer services
Destruction of equipment
Misuse of computer information

91. Reviewing What You Learned
Section 2.2 Assessment
Reviewing What You Learned
What are the major crimes committed against people?

92. Reviewing What You Learned Answer
Section 2.2 Assessment
Reviewing What You Learned
Answer
Murder, manslaughter, assault, battery, kidnapping, sex offenses, domestic violence, and hate crimes.

93. Reviewing What You Learned
Section 2.2 Assessment
Reviewing What You Learned
What are the major crimes committed against property?

94. Reviewing What You Learned Answer
Section 2.2 Assessment
Reviewing What You Learned
Answer
Burglary, larceny, embezzlement, robbery, arson, vandalism, and shoplifting.

95. Reviewing What You Learned
Section 2.2 Assessment
Reviewing What You Learned
What are the major crimes that involve controlled substances?

96. Reviewing What You Learned Answer
Section 2.2 Assessment
Reviewing What You Learned
Answer
Those associated with drugs and alcohol.

97. Reviewing What You Learned
Section 2.2 Assessment
Reviewing What You Learned
How have the states dealt with computer crime?

98. Reviewing What You Learned Answer
Section 2.2 Assessment
Reviewing What You Learned
Answer
Creation of the crime of computer trespass and passing computer fraud statutes.

99. Critical Thinking Activity Computer Crime
Section 2.2 Assessment
Critical Thinking Activity
Computer Crime
Which of the methods adopted by states to deal with computer crimes do you feel is most effective? Explain your answer.

100. Critical Thinking Activity Answer Computer Crime
Section 2.2 Assessment
Critical Thinking Activity Answer
Computer Crime
Answers will vary, but may reflect your experience with computers.

101. Legal Skills in Action Hate Speech
Section 2.2 Assessment
Legal Skills in Action
Hate Speech
Many states have made it a crime to use certain symbols, writings, pictures, or spoken words to cause fear or anger in people because of their race, religion, color, or gender.

102. Legal Skills in Action Hate Speech
Section 2.2 Assessment
Legal Skills in Action
Hate Speech
The courts have held that hate crime or hate speech statutes must be drafted very narrowly.

103. Legal Skills in Action Hate Speech
Section 2.2 Assessment
Legal Skills in Action
Hate Speech
Imagine that you are a television newscaster for a cable news network. Write an opinion piece in which you argue that the courts are wrong in their rulings regarding hate speech.

104. Legal Skills in Action Answer
Section 2.2 Assessment
Legal Skills in Action Answer
Hate Speech
Opinions will vary, but should reflect an understanding of our Constitutional rights of individual liberty as described in the Bill of Rights.

105. End of Section 2.2