3chapter section opener / closer: insert book cover art what is a crime? section 3.1
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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.
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 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.
Understanding Business and Personal Law
What Is a Crime? What Is a Crime? Section 3.1Section 3.1
Criminal Law
Felonies Felonies A felony is a major crime punishable by imprisonment or death. These include:
murdermanslaughterburglaryrobberyarson
Understanding Business and Personal Law
What Is a Crime? What Is a Crime? Section 3.1Section 3.1
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
Understanding Business and Personal Law
What Is a Crime? What Is a Crime? Section 3.1Section 3.1
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
Understanding Business and Personal Law
What Is a Crime? What Is a Crime? Section 3.1Section 3.1
Criminal Law
State Criminal Law State Criminal Law Each state has inherent police power allowing it to make statutes to protect public:
healthsafetywelfaremorals
Understanding Business and Personal Law
What Is a Crime? What Is a Crime? Section 3.1Section 3.1
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.
Understanding Business and Personal Law
What Is a Crime? What Is a Crime? Section 3.1Section 3.1
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.
Understanding Business and Personal Law
What Is a Crime? What Is a Crime? Section 3.1Section 3.1
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)
Understanding Business and Personal Law
What Is a Crime? What Is a Crime? Section 3.1Section 3.1
Criminal Law
Elements of a Crime Elements of a Crime A crime is defined by two elements:
the criminal actthe required state of mind
Understanding Business and Personal Law
What Is a Crime? What Is a Crime? Section 3.1Section 3.1
Criminal Law
Most criminal statutes specifically explain conduct that is forbidden.A criminal act must also involve voluntary conduct.
Criminal Act Criminal Act
Understanding Business and Personal Law
What Is a Crime? What Is a Crime? Section 3.1Section 3.1
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.
Understanding Business and Personal Law
What Is a Crime? What Is a Crime? Section 3.1Section 3.1
Criminal Law
Motive plays no part in proving criminal liability.
Motive Motive
Understanding Business and Personal Law
What Is a Crime? What Is a Crime? Section 3.1Section 3.1
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.
Understanding Business and Personal Law
What Is a Crime? What Is a Crime? Section 3.1Section 3.1
Criminal Law
Defenses to Crimes Defenses to Crimes Common defenses are:
insanityentrapmentself-defensedefense of family members
Understanding Business and Personal Law
What Is a Crime? What Is a Crime? Section 3.1Section 3.1
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.
Understanding Business and Personal Law
What Is a Crime? What Is a Crime? Section 3.1Section 3.1
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.
Understanding Business and Personal Law
What Is a Crime? What Is a Crime? Section 3.1Section 3.1
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.
Understanding Business and Personal Law
What Is a Crime? What Is a Crime? Section 3.1Section 3.1
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.
Understanding Business and Personal Law
What Is a Crime? What Is a Crime? Section 3.1Section 3.1
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.
Understanding Business and Personal Law
What Is a Crime? What Is a Crime? Section 3.1Section 3.1
Criminal Law
What part does motive play in proving criminal liability?
Understanding Business and Personal Law
What Is a Crime? What Is a Crime? Section 3.1Section 3.1
Criminal Law
ANSWERANSWER
None.
Understanding Business and Personal Law
What Is a Crime? What Is a Crime? Section 3.1Section 3.1
Criminal Law
Reviewing What You Learned
1. What determines the difference between a felony and a misdemeanor?
Section 3.1 Assessment
Understanding Business and Personal Law
What Is a Crime? What Is a Crime? Section 3.1Section 3.1
Criminal Law
Reviewing What You Learned
Felonies are more serious than misdemeanors and are distinguished by longer, more severe penalties.
Section 3.1 Assessment
Answer
Understanding Business and Personal Law
What Is a Crime? What Is a Crime? Section 3.1Section 3.1
Criminal Law
Reviewing What You Learned
2. How do state and federal criminal law differ?
Section 3.1 Assessment
Understanding Business and Personal Law
What Is a Crime? What Is a Crime? Section 3.1Section 3.1
Criminal Law
Reviewing What You Learned
State governments have inherent police power. It can make statutes to protect the public.
Section 3.1 Assessment
Answer
Understanding Business and Personal Law
What Is a Crime? What Is a Crime? Section 3.1Section 3.1
Criminal Law
Reviewing What You Learned
The federal government has no police power and can create criminal statutes only in those areas over which it has jurisdiction.
Section 3.1 Assessment
Answer
Understanding Business and Personal Law
What Is a Crime? What Is a Crime? Section 3.1Section 3.1
Criminal Law
Reviewing What You Learned
3. What are the elements of a crime?
Section 3.1 Assessment
Understanding Business and Personal Law
What Is a Crime? What Is a Crime? Section 3.1Section 3.1
Criminal Law
Reviewing What You Learned
The criminal act and the required state of mind.
Section 3.1 Assessment
Answer
Understanding Business and Personal Law
What Is a Crime? What Is a Crime? Section 3.1Section 3.1
Criminal Law
Reviewing What You Learned
4. What are the major criminal defenses?
Section 3.1 Assessment
Understanding Business and Personal Law
What Is a Crime? What Is a Crime? Section 3.1Section 3.1
Criminal Law
Reviewing What You Learned
Insanity, entrapment, self-defense, and defense of family members.
Section 3.1 Assessment
Answer