1. 3Chapter SECTION OPENER / CLOSER: INSERT BOOK COVER ART What Is a Crime?

2. Understanding Business and Personal Law What Is a Crime? Section 2.1 Criminal Law 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

3. Understanding Business and Personal Law What Is a Crime? Section 2.1 Criminal Law What You’ll Learn How to explain the elements of a crime How to define the various defenses to criminal liability

4. Understanding Business and Personal Law What Is a Crime? Section 2.1 Criminal Law Legal Terms crimeplaintiffprosecutordefendantfelonymisdemeanor

5. Understanding Business and Personal Law What Is a Crime? Section 2.1 Criminal Law 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.

6. Understanding Business and Personal Law What Is a Crime? Section 2.1 Criminal Law 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.

7. Understanding Business and Personal Law What Is a Crime? Section 2.1 Criminal Law Felonies A felony is a major crime punishable by imprisonment or death. These include: Murder Manslaughter Burglary Robbery Arson

8. Understanding Business and Personal Law What Is a Crime? Section 2.1 Criminal Law 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

9. Understanding Business and Personal Law What Is a Crime? Section 2.1 Criminal Law The American legal system consists of two systems: Criminal Law in the American System The state system, and The federal system.

10. Understanding Business and Personal Law What Is a Crime? Section 2.1 Criminal Law State Criminal Law Each state has inherent police power allowing it to make statutes to protect public: Health Safety Welfare Morals

11. Understanding Business and Personal Law What Is a Crime? Section 2.1 Criminal Law 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.

12. Understanding Business and Personal Law What Is a Crime? Section 2.1 Criminal Law 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.

13. Understanding Business and Personal Law What Is a Crime? Section 2.1 Criminal Law 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)

14. Understanding Business and Personal Law What Is a Crime? Section 2.1 Criminal Law Elements of a Crime A crime is defined by two elements: The criminal act, and The required state of mind.

15. Understanding Business and Personal Law What Is a Crime? Section 2.1 Criminal Law Most criminal statutes specifically explain conduct that is forbidden. A criminal act must also involve voluntary conduct. Criminal Act

16. Understanding Business and Personal Law What Is a Crime? Section 2.1 Criminal Law The definition of a crime can be changed based on the criminal’s state of mind. Required State of Mind Murder is the intentional taking of a person’s life. Involuntary manslaughter outlaws the accidental taking of a person’s life.

17. Understanding Business and Personal Law What Is a Crime? Section 2.1 Criminal Law Motive plays no part in proving criminal liability. Motive

18. Understanding Business and Personal Law What Is a Crime? Section 2.1 Criminal Law Defenses to Crimes Defense attorneys try to show that the prosecution failed to prove the required elements for the crime charged to their client.

19. Understanding Business and Personal Law What Is a Crime? Section 2.1 Criminal Law Defenses to Crimes Common defenses are: Insanity Entrapment Self-defense Defense of family members

20. Understanding Business and Personal Law What Is a Crime? Section 2.1 Criminal Law Insanity American law recognizes that people cannot be held responsible for their actions if they do not know what they are doing.

21. Understanding Business and Personal Law What Is a Crime? Section 2.1 Criminal Law 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.

22. Understanding Business and Personal Law What Is a Crime? Section 2.1 Criminal Law Entrapment If a law enforcement officer induces a law-abiding citizen to commit a crime, the person can use a defense known as entrapment.

23. Understanding Business and Personal Law What Is a Crime? Section 2.1 Criminal Law 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.

24. Understanding Business and Personal Law What Is a Crime? Section 2.1 Criminal Law 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.

25. Understanding Business and Personal Law What Is a Crime? Section 2.1 Criminal Law What part does motive play in proving criminal liability?

26. Understanding Business and Personal Law What Is a Crime? Section 2.1 Criminal Law ANSWER None.

27. Understanding Business and Personal Law What Is a Crime? Section 2.1 Criminal Law Reviewing What You Learned 1. 1.What determines the difference between a felony and a misdemeanor? Section 2.1 Assessment

28. Understanding Business and Personal Law What Is a Crime? Section 2.1 Criminal Law Reviewing What You Learned Felonies are more serious than misdemeanors and are distinguished by longer, more severe penalties. Section 2.1 Assessment Answer

29. Understanding Business and Personal Law What Is a Crime? Section 2.1 Criminal Law Reviewing What You Learned 2. 2.How do state and federal criminal law differ? Section 2.1 Assessment

30. Understanding Business and Personal Law What Is a Crime? Section 2.1 Criminal Law Reviewing What You Learned State governments have inherent police power. It can make statutes to protect the public. Section 2.1 Assessment Answer The federal government has no police power and can create criminal statutes only in those areas over which it has jurisdiction.

31. Understanding Business and Personal Law What Is a Crime? Section 2.1 Criminal Law Reviewing What You Learned 3. 3.What are the elements of a crime? Section 2.1 Assessment

32. Understanding Business and Personal Law What Is a Crime? Section 2.1 Criminal Law Reviewing What You Learned The criminal act and the required state of mind. Section 2.1 Assessment Answer

33. Understanding Business and Personal Law What Is a Crime? Section 2.1 Criminal Law Reviewing What You Learned 4. 4.What are the major criminal defenses? Section 2.1 Assessment

34. Understanding Business and Personal Law What Is a Crime? Section 2.1 Criminal Law Reviewing What You Learned Insanity, entrapment, self-defense, and defense of family members. Section 2.1 Assessment Answer

35. Understanding Business and Personal Law What Is a Crime? Section 2.1 Criminal Law 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.

36. 3Chapter SECTION OPENER / CLOSER: INSERT BOOK COVER ART What Is a Crime? End of Section 2.1

37. Understanding Business and Personal Law What Is a Crime? Section 2.1 Criminal Law What You’ll Learn How to define major crimes against people How to define major crimes against property

38. Understanding Business and Personal Law What Is a Crime? Section 2.1 Criminal Law What You’ll Learn How to define major crimes that involve controlled substances How to define major crimes that involve computers

39. Understanding Business and Personal Law What Is a Crime? Section 2.1 Criminal Law Some crimes can be specifically categorized as crimes against people. Crimes Against People

40. Understanding Business and Personal Law What Is a Crime? Section 2.1 Criminal Law Murder is the unlawful killing of another human being with malice aforethought. Murder

41. Understanding Business and Personal Law What Is a Crime? Section 2.1 Criminal Law Manslaughter is the unlawful killing of another human being without malice aforethought. Manslaughter

42. Understanding Business and Personal Law What Is a Crime? Section 2.1 Criminal Law Battery is the unlawful touching of another person. Assault is an attempt to commit battery. Assault and Battery

43. Understanding Business and Personal Law What Is a Crime? Section 2.1 Criminal Law Kidnapping is the unlawful removal or restraint of a person against his or her will. Kidnapping

44. Understanding Business and Personal Law What Is a Crime? Section 2.1 Criminal Law Sex offenses include statutory rape and sexual assault. Sex Offenses

45. Understanding Business and Personal Law What Is a Crime? Section 2.1 Criminal Law Domestic violence is any reckless form of physical or mental abuse within a family or household. Domestic Violence

46. Understanding Business and Personal Law What Is a Crime? Section 2.1 Criminal Law 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. Hate Crimes

47. Understanding Business and Personal Law What Is a Crime? Section 2.1 Criminal Law What is the difference between murder and manslaughter?

48. Understanding Business and Personal Law What Is a Crime? Section 2.1 Criminal Law ANSWER Murder indicates malice aforethought and manslaughter does not.

49. Understanding Business and Personal Law What Is a Crime? Section 2.1 Criminal Law Burglary is the breaking and entering of homes and other places with the intent to commit a misdemeanor or a felony. Crimes Against Property Larceny is the unlawful taking and carrying away of the personal property of another with the intent to deprive the owner of the property.

50. Understanding Business and Personal Law What Is a Crime? Section 2.1 Criminal Law Embezzlement is the wrongful taking of another’s property by a person who has been entrusted with that property. Crimes Against Property Robbery is the wrongful taking and carrying away of the personal property of another through violence or threats.

51. Understanding Business and Personal Law What Is a Crime? Section 2.1 Criminal Law Arson is the willful and malicious burning of homes and other buildings. Crimes Against Property Vandalism is the willful or malicious damage to property. Shoplifting is the act of stealing goods from a store.

52. Understanding Business and Personal Law What Is a Crime? Section 2.1 Criminal Law 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. Understanding Business and Personal Law What Is a Crime? Section 2.1 Criminal Law ANSWER Embezzlement

54. Understanding Business and Personal Law What Is a Crime? Section 2.1 Criminal Law Computers and network devices have introduced new ways to commit crimes. Both federal and state statutes address this new legal problem. Computer Crimes

55. Understanding Business and Personal Law What Is a Crime? Section 2.1 Criminal Law 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. Federal Computer Laws

56. Understanding Business and Personal Law What Is a Crime? Section 2.1 Criminal Law 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. Theft of computer services Destruction of equipment Misuse of computer information State Computer Laws