1. CHAPTER 2.1 Crimes and Criminal Justice
Objectives
Explain the differences between categories of crimes
Distinguish federal from state criminal law
Describe the elements of a crime
Determine several defenses to criminal acts
Explain the differences between penalties for committing felonies and misdemeanors

2. Classification of Crimes
Crime- an offense committed against the public good, or society
If convicted person can be fined, imprisoned, or sometimes even sentenced to death.
Defendant- person who is accused of a crime.
Plaintiff- party that accuses a person of a crime
Prosecutor- the government official who brings the case against the defendant.
Called a district attorney
Represents the people, or the public, in a criminal case

3. Levels of Crimes
Levels of Crimes
Felonies
Misdemeanors
Infractions

4. Levels of Crimes
Felony- A major crime
Punished by fine, or by imprisonment, or both
Ex. Murder and robbery
Most serious is Murder- can be punishable by death
May also be liable for a civil penalty (ex. Rape victim can sue for medical bills)
Misdemeanors
Less serious crime
Punished by fine, imprisonment, or both
Jail time usually less than a year (smaller jail, not a state penitentiary)
Ex. Driving car without a license
Infraction- minor offense usually punishable with a fine and no jail time
Ex. Speeding tickets

5. Criminal Law in the U.S. Legal System
U.S. has two court systems: federal and state
Federal Criminal Law
Constitution limits powers of federal government
Can not make criminal laws
Exception: laws against counterfeiting money (money printed by federal government)
Has own police force, FBI.
Federal criminal law usually involves commerce among the states

6. State Criminal Law State Criminal Law States can make criminal law
Most laws are similar in all states
Names may be different (ex. Theft in one state, stealing in another. Same crime)

7. Elements of a Crime Crime requires two elements Criminal Act Theft
Criminal laws must describe the specific conduct that the law forbids
Criminal laws also make not doing something a crime (ex. Not paying taxes)
Criminal act must be voluntary, can not be a condition.
Is being an alcoholic a crime?
Theft
Stealing another person’s property
Robbery
Stealing another person’s property through violence or the threat of violence

8. Elements (continued)
Required State of Mind
Required state of mind is INTENT for murder
Required state of mind is NEGLIGENCE for involuntary manslaughter
Both result in someone’s life being taken, but different crimes
To prove a crime occurred does not require proving a motive

9. WEB QUEST ACTIVITY ON PAGE 39

10. Defenses to Crimes 4 Main defenses for defendants in criminal trials
Insanity
Entrapment
Self- Defense
Defense of Family Members

11. INSANTIY
U.S. Law says that people cannot be held responsible for their actions if they do not know what they are doing.
Requires that the person did not know the difference between right and wrong WHEN committing the crime.
Tested with the M’Naghten Rule (oldest legal test).
Another test is the Irresistible Impulse Test
Must have a mental disease that makes telling the difference between right and wrong impossible or makes the defendant unable to stop him- or herself from committing the crime.

12. INSANITY (Continued) ALI (American Law Institute) has the ALI Rule
Defendant must have a mental disease so serious that he or she lacks substantial capacity either to appreciate the criminality of his or her conduct or to conform his or her conduct to the requirements of the law
If found guilty, defendant does NOT go to jail and do NOT go free.
Sent to a mental institution for psychiatric treatment.
Released when they are sane again.

13. ENTRAPMENT
Entrapment- When a police officer talks a person into committing a crime
Person was talked into or tricked into committing a crime they otherwise would not have committed

14. Self-Defense
Self-Defense- person believes they were in imminent danger and had no choice but to use force to protect themselves
Some states a person must try to run away first
Usually not required if the person is in his or her own home
Can NOT use self-defense if you start the confrontation or if you continue to use force even after the danger was gone.

15. DEFENSE of FAMILY MEMBERS
Person may use force to protect family members who are in danger of being hurt or killed
Must have good reason to believe the victim was in danger of severe bodily injury or death
Can NOT use this defense if the crime occurs after the threat of harm has passed.

16. SECTION 2.2
TYPES OF CRIMES

17. Types of Crimes Crimes can be categorized into crimes against: People
Property
Business
Government
Society

18. Crimes against People Sex Offenses Murder Kidnapping Assault Battery
Manslaughter
Domestic Violence
Battery
Assault

19. Murder- Intentional killing of another person
First Degree Murder (can be punished with the death penalty)
Killing after making a detailed plan to kill
Killing in an especially vicious way ( ex. Torture)
Killing while committing another serious crime
Manslaughter- killing another person without intending to do so.
Either Voluntary or Involuntary
Voluntary- killing someone while in a state of great distress and without a prior plan to kill (ex. Catching your spouse cheating and killing her lover)
Involuntary- accidentally killing someone while committing an unlawful or reckless act (ex. Killing someone while drinking and driving)

20. 3. Battery- Unlawful touching of another person
Forceful use of a person’s hand, a weapon, or other instrument against a person
Ex. Ordering a dog to attack or even kissing someone who doesn’t want to be kissed
4. Assault- An attempt to commit a battery
Ex. Waving a baseball bat at someone (turns to battery if you hit them with the bat)
Two types of Assault and Battery charges
Simple- charged as misdemeanors
Aggravated- charged as felonies (crime committed with a deadly weapon or with intent to commit murder, rape, or robbery)
Kidnapping- Unlawful removal or restraint of a person against his or her will

21. Sex Offenses
Rape- Forcing another person to have intercourse
Statutory Rape- having intercourse with a minor, WITH or WITHOUT force. (minor can be charged for having sex with another minor)
7. Domestic Violence- Any reckless form of physical or mental harm in a family
or household
Children are protected by Child Endangerment laws and Child Abuse laws.

22. CRIMES AGAINST PROPERTY
Crimes against property are:
Burglary
Robbery
Arson
Larceny
Vandalism

23. Vandalism- Willful or malicious damage to property
Burglary- Breaking and entering into a house, or any other building, to commit a felony or misdemeanor.
Larceny- Unlawful taking of someone’s personal property with the intent to keep the property away from that person.
Also called Theft
Petty larceny- misdemeanor (usually value is between $300- $1,000)
Grand larceny- felony (value anything above state’s limit on petty larceny)
Robbery- Wrongful taking of someone’s property by threating violence or using violence. (penalty is greater than that of Larceny)
Vandalism- Willful or malicious damage to property
Don’t have to be the one vandalizing to be charged. Any involvement can bring a charge, such as a lookout person.
Arson- Willful and malicious burning of any building.

24. CRIMES INVOLVING BUSINESS
Embezzlement
Shoplifting
Fraud
Money Laundering
Arson
Forgery

25. Money Laundering- hiding money that was obtained illegally.
Embezzlement- Wrongful taking of property by someone who was legally trusted to have possession and control of that property
Fraud- A person or business engages in some form of deception to obtain money or property.
Some types are Federal Offenses (Mail Fraud)
Money Laundering- hiding money that was obtained illegally.
Can be charged even if you did not steal the money.
Arson- Willful and malicious burning of any building.
Forgery- Placing a false signature on a check or other document with the intent to deceive someone in order to deprive them of their property

26. CRIMES AGAINST GOVERNMENT
Treason
Perjury
Obstruction of Justice
Contempt of Court
Bribery

27. Perjury, Obstruction of Justice and Contempt of Court
Treason- Waging war against the United States, or giving aid and comfort to enemies of the United States.
Defined in Article III, Section 3 of the U.S. Constitution
Only crime mentioned by name in the Constitution
Perjury, Obstruction of Justice and Contempt of Court
All involve undermining the administration of the courts.
Perjury- Lying under oath in court
Obstruction of Justice- Hindering the ability of the court to move forward in a judicial proceeding
Contempt of Court- Ignoring a court order or showing a lack of respect for the integrity of the court.
Bribery- Giving money or property to a public official in exchange for a favor from that official.

28. CRIMES AGAINST SOCIETY
Disorderly Conduct- Activity that threatens to disrupt the social order, endanger public safety, or jeopardize the health of the public at larger.
Rioting- Activity that threatens to harm people or to damage property, or who violently commit one or the other of those offenses.
Usually requires at least 3 people.
Motor Vehicle Violations
Examples:
Driving without a license
Reckless Driving
Ignoring traffic laws