1. Bellwork List as many crimes as you can
Did you know? Every 22.2 second one violent crime occurs & every 30.9 minutesone murder occurs
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2. Objective 02.02 Criminal Law
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3. Essential Questions What is crime?
What are the possible punishments for a crime?
What are the classifications of a crime?
What are the defenses of a crime?
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4. Crime Crime: An act against the public good
Crimes are grouped into several categories (we will be going into detail about the definitions of each later in the week. Not all crimes are listed below):
These categories are crimes against:
Property (theft, robbery)
People (murder, rape)
Govnm’t and justice (treason, tax evasion, perjury)
Realty (burglary, arson, trespass)
Decency (bigamy, obscenity, prostitution) .
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5. 4 Punishments for a Crime?
Imprisonment
Fine
Probation
Community Service
Combination of the above
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6. Requirements of a crime
Criminal Act- You knowingly put yourself in a position where you will do something wrong beyond your control
Required State of Mind- What was the person’s thinking at the time of the criminal act
Example: Did you knowingly go out and shoot a person, or did you accidentally run someone over when you were drunk? The first is murder, the second is involuntary manslaughter.
MOTIVE IS NOT REQUIRED!
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7. Classifying a Crime According to Seriousness What is the most serious?
Felony- a major crime punishable by imprisonment or death
Some examples: murder, manslaughter, robbery, arson
What is less serious?
Misdemeanor- a less serious crime punishable by fine, a short imprisonment in a county or city jail, or probation
Some examples: driving without a license, lying about your age to purchase alcohol, traffic violations
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8. Defenses to a crime
If you were a defense attorney, your job would be to try to show that the prosecution failed to prove the required elements for the crimes charged to your client.
The 2 categories of defense include:
Procedural defense- based on the way evidence is obtained or the way an accused person is arrests, questioned, tried, or punished
Affirmative Defenses: a claim that the defendant may have done the crime, but b/c of some some circumstances that should not be punished for their actions
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9. Procedural Defenses Coerced confession Not advised of rights
Not allowed an attorney
Illegal search
NOTE: IGNORANCE OF THE LAW IF NOT A DEFENSE!
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10. Affirmative Defense Insanity
Must prove the M’Naughten Rule (est. in 1843 and still used today)
“At the time of the crime, was the defendant suffering from a mental disease so serious that he or she did not know what they were doing was wrong”
If not guilty, what happens?
Must serve time in a mental institution until determined to be stable.
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11. Affirmative Defense Duress
Someone commands us to commit a crime under duress:
There is a well founded fear, generated by a threat from a human being
This threat will result in serious bodily harm or death to any person
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12. Affirmative Defense Entrapment
A law official induces a law-abiding citizen into breaking the law
The defense MUST show that the crimes would not have been committed without the involvement of the officer
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13. Affirmative Defense Self-Defense
Use of force that appears to be reasonable to prevent death, serious bodily harm, rape or kidnapping
A person claiming self defense must have tried to retreat before resorting to force
Note: if an attack occurs in one’s home, a person does not need to retreat
Note: Defendants must also show that they did not start the altercation and that they did not use excessive force
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14. Defense of Family Members
Affirmative Defense
Defense of Family Members
Person has the right to rescue a family member who is being attacked.
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15. Affirmative Defense Intoxication
Involuntary intoxication: The defendant must prove that they unwittingly consumed an intoxicating substance or that they took medication that had a highly unlikely and unforseeable reaction that produced the same effect necessary to prove the M’Naughten Test
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16. An interesting case of defense
Diplomatic Immunity
A form of legal immunity and a policy held between governments that ensures that diplomats are given safe passage and are considered not susceptible to lawsuit or prosecution under the host country's laws
Can be expelled from that country, however.
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17. Before I forget…
Tomorrow the room will be set up according to 3 trial participants:
Defense attorneys (7)
Prosecuting attorneys (7)
Judges (7)
We will have 7 “mini mock trials”
You will be given a scenario and the attorney’s will argue for or against conviction and judges will ask 5 questions and render a verdict
First come, first serve on who you would like to play
Be here on time!
Taping tomorrow :)
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