3Chapter SECTION OPENER / CLOSER: INSERT BOOK COVER ART What Is a Crime? Section 3.1

33ChapterChapter

SECTION OPENER / CLOSER:INSERT BOOK COVER ART

What Is a Crime?What Is a Crime?Section 3.1Section 3.1

Understanding Business and Personal Law

What Is a Crime? What Is a Crime? Section 3.1Section 3.1

Criminal Law

Classifications of Crimes Classifications of Crimes Crime is considered an act against the public goodThe defendant is the person accused of a crime.The prosecutor is the government attorney who presents the case in court against the defendant.



Criminal Law

Classifications of Crimes 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.



Criminal Law

Felonies Felonies A felony is a major crime punishable by imprisonment or death. These include:

murdermanslaughterburglaryrobberyarson



Criminal Law

Misdemeanors Misdemeanors A less serious crime with less sever penalty is a misdemeanor. These include:

driving without a licenselying about one’s age to purchase alcoholleaving the scene of an automobile accident



Criminal Law

The American legal system consists of two systems:

Criminal Law in the Criminal Law in the American System American System

the state systemthe federal system



Criminal Law

State Criminal Law State Criminal Law Each state has inherent police power allowing it to make statutes to protect public:

healthsafetywelfaremorals



Criminal Law

Federal 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.



Criminal Law

Federal 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.



Criminal Law

Federal 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)



Criminal Law

Elements of a Crime Elements of a Crime A crime is defined by two elements:

the criminal actthe required state of mind



Criminal Law

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

Criminal Act Criminal Act



Criminal Law

The definition of a crime can be changed based on the criminal’s state of mind.

Required 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.



Criminal Law

Motive plays no part in proving criminal liability.

Motive Motive



Criminal Law

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



Criminal Law

Defenses to Crimes Defenses to Crimes Common defenses are:

insanityentrapmentself-defensedefense of family members



Criminal Law

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



Criminal Law

Insanity 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.



Criminal Law

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



Criminal Law

Self-Defense 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.



Criminal Law

Defense of Family Members 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.



Criminal Law

What part does motive play in proving criminal liability?



Criminal Law

ANSWERANSWER

None.



Criminal Law

Reviewing What You Learned

1. What determines the difference between a felony and a misdemeanor?

Section 3.1 Assessment



Criminal Law


Felonies are more serious than misdemeanors and are distinguished by longer, more severe penalties.


Answer



Criminal Law


2. How do state and federal criminal law differ?




Criminal Law


State governments have inherent police power. It can make statutes to protect the public.


Answer



Criminal Law


The federal government has no police power and can create criminal statutes only in those areas over which it has jurisdiction.


Answer



Criminal Law


3. What are the elements of a crime?




Criminal Law


The criminal act and the required state of mind.


Answer



Criminal Law


4. What are the major criminal defenses?




Criminal Law


Insanity, entrapment, self-defense, and defense of family members.


Answer

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3Chapter SECTION OPENER / CLOSER: INSERT BOOK COVER ART What Is a Crime? Section 3.1