1. BELL QUIZ ON CHAPTER 2
What court has original jurisdiction over most federal court cases?
What court has limited jurisdiction?
Who is the party who accuses a person of a crime?
Who is the party who is accused of a crime?
Why is a detention hearing held?

2. ANSWERS TO BELL QUIZ CHAPTER 2
1. District Courts
2. Local Trial Courts
3. Plaintiff
4. Defendant
5. To learn whether there are good reasons to keep the accused in custody.

3. Section 3.1

4. Chapter 3 Criminal Law Section 3.1 What Is a Crime? Section 3.2
Particular Crimes

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. 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.

7. 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.

8. Felonies
A felony is a major crime punishable by imprisonment or death. These include:
murder
manslaughter
burglary
robbery
arson

9. Misdemeanors
A less serious crime with less severe 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

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

11. State Criminal Law
Each state has inherent police power allowing it to make statutes to protect public:
The exact definition and penalties for crimes may differ from state to state.
Assault vs Battery
health
safety
welfare
morals

12. 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.

13. 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.

14. 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)

15. Federal Criminal Law Treason - betrayal of one's country
Named and defined in the U.S. Constitution
Double Jeopardy – 5th amendment; no person can be tried twice for the same crime. However……..

16. Elements of a Crime A crime is defined by two elements:
the criminal act
the required state of mind

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

18. 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.

19. Motive
Motive plays NO part in proving criminal liability.

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

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

22. Defenses to Crimes Common defenses are: insanity entrapment
self-defense
defense of family members

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

24. 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.
What about Utah?

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

26. 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.

27. 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.

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

29. ANSWER
None.
End of Section 3.1

30. Section 3.2
Particular Crimes

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

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

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

34. Murder
Murder is the unlawful killing of another human being with malice aforethought (thought about or planned beforehand).

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

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

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

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

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

40. 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.

41. What is the difference between murder and manslaughter?

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

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

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

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

46. 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.

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

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

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

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

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

52. 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?

53. ANSWER
Embezzlement

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

55. 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.

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

57. Crimes Involving Controlled
3.2
Crimes Involving Controlled
Substances
Federal
and
state
governments
control who
may or may
not possess
or use
alcohol
tobacco
drugs

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

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

60. 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.

61. 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.

62. 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