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

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

Levels of Crimes

Levels of Crimes

Felonies

Misdemeanors

Infractions

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

Criminal Law in the U.S. Legal SystemU.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

State Criminal LawState 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)

Elements of a Crime• Crime requires two elements

• Criminal Act• 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

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

WEB QUEST WEB QUEST ACTIVITY ON PAGE 39

Defenses to Crimes

4 Main defenses for defendants in criminal trials

1. Insanity2. Entrapment3. Self- Defense4. Defense of Family Members

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.

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.

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

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.

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.

SECTION 2.2

TYPES OF CRIMES

Types of Crimes• Crimes can be categorized into crimes against:

People

Property

Business

Government

Society

Crimes against People

Murder

Kidnapping

Sex Offenses

Manslaughter

Domestic Violence

BatteryAssault

1. Murder- Intentional killing of another personFirst 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

2. 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)

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)

5. Kidnapping- Unlawful removal or restraint of a person against his or her will

6. 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.

CRIMES AGAINST PROPERTY• Crimes against property are:

Burglary

Robbery

Arson

Larceny

Vandalism

1. Burglary- Breaking and entering into a house, or any other building, to commit a felony or misdemeanor.

2 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)

3. Robbery- Wrongful taking of someone’s property by threating violence or using violence. (penalty is greater than that of Larceny)

4. 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.

5. Arson- Willful and malicious burning of any building.

CRIMES INVOLVING BUSINESS

Embezzlement Shoplifting Fraud

Money Laundering Arson Forgery

1. Embezzlement- Wrongful taking of property by someone who was legally trusted to have possession and control of that property

2. Fraud- A person or business engages in some form of deception to obtain money or property. • Some types are Federal Offenses (Mail Fraud)

3. Money Laundering- hiding money that was obtained illegally. • Can be charged even if you did not steal the money.

4. Arson- Willful and malicious burning of any building.

5. 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

CRIMES AGAINST GOVERNMENT

Treason Perjury Obstruction of Justice

Contempt of Court Bribery

1. 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

2. Perjury, Obstruction of Justice and Contempt of Court• All involve undermining the administration of the courts.

A. Perjury- Lying under oath in courtB. Obstruction of Justice- Hindering the ability of the court to move forward in a

judicial proceedingC. Contempt of Court- Ignoring a court order or showing a lack of respect for the

integrity of the court.

3. Bribery- Giving money or property to a public official in exchange for a favor from that official.

CRIMES AGAINST SOCIETY1. Disorderly Conduct- Activity that threatens to disrupt the social order,

endanger public safety, or jeopardize the health of the public at larger.

2. 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.

3. Motor Vehicle Violations• Examples:

• Driving without a license• Reckless Driving• Ignoring traffic laws