Chapter SECTION OPENER / CLOSER: INSERT BOOK COVER ART. Section 3.1 What Is a Crime?

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1 Chapter 3 SECTION OPENER / CLOSER: INSERT BOOK COVER ART Section 3.1

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

3 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.

4 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.

5 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.

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

7 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

8 Crimes and Crime Rates

9 in the American System The American legal system consists of two systems: the state system the federal system

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

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

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

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

17 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.

18 Motive Motive plays NO part in proving criminal liability.

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

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

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

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

23 Insanity About two-fifths of the U.S. use the M Naghten Rule and the other threefifths use the American Law Institute (ALI) test to determine insanity. What about Utah?

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

25 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 selfdefense.

26 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.

27 What part does motive play in proving criminal liability?

28 ANSWER None. End of Section 3.1

29 Chapter 3 SECTION OPENER / CLOSER: INSERT BOOK COVER ART Section 3.2 Particular Crimes

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

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

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

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

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

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

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

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

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

39 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.

40 What is the difference between murder and manslaughter?

41 ANSWER Murder indicates malice aforethought and manslaughter does not.

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

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

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

45 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.

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

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

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

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

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

51 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?

52 ANSWER Embezzlement

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

54 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.

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

56 3.2 Section 3.1 Crimes Involving Controlled Substances Federal and state governments control who may or may not possess or use alcohol tobacco drugs

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

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

59 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.

60 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.

61 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