3chapter section opener / closer: insert book cover art what is a crime?
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33ChapterChapter
SECTION OPENER / CLOSER:INSERT BOOK COVER ART
What Is a Crime?What Is a Crime?
What Is a Crime? What Is a Crime?
Criminal Law
Section 1Section 1What Is a Crime?What Is a Crime?
Section 2Section 2Particular CrimesParticular Crimes
Criminal LawCriminal Law
What Is a Crime? What Is a Crime?
Criminal Law
What You’ll Learn
How to tell the difference between How to tell the difference between serious and less serious crimesserious and less serious crimes
How to explain the difference between How to explain the difference between state and federal law state and federal law
What Is a Crime? What Is a Crime?
Criminal Law
What You’ll Learn
How to explain the elements of a crimeHow to explain the elements of a crime
How to define the various defenses to How to define the various defenses to criminal liabilitycriminal liability
What Is a Crime? What Is a Crime?
Criminal Law
Why It’s Important
Learning the essence of criminal law, the Learning the essence of criminal law, the types of crimes that can be committed, and types of crimes that can be committed, and the nature of criminal defense will help you the nature of criminal defense will help you understand our criminal justice system.understand our criminal justice system.
What Is a Crime? What Is a Crime?
Criminal Law
Legal Terms
crimecrimeplaintiffplaintiffprosecutorprosecutordefendantdefendantfelonyfelonyMisdemeanor Misdemeanor
What Is a Crime? What Is a Crime?
Criminal Law
Classifications of Crimes FeloniesMisdemeanors
Section OutlineSection Outline
Criminal Law in the American System
State Criminal LawFederal Criminal Law
What Is a Crime? What Is a Crime?
Criminal Law
Elements of a Crime Criminal ActRequired State of Mind Motive
Section OutlineSection Outline
What Is a Crime? What Is a Crime?
Criminal Law
Defenses to Crimes InsanityEntrapmentSelf-DefenseDefense of Family Members
Section OutlineSection Outline
What Is a Crime? What Is a Crime?
Criminal Law
Pre-Learning Question Pre-Learning Question
How do you think crimes are classified?
What Is a Crime? What Is a Crime?
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.
What Is a Crime? What Is a Crime?
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.
What Is a Crime? What Is a Crime?
Criminal Law
Felonies Felonies A felony is a major crime punishable by imprisonment or death. These include:
murdermanslaughterburglaryrobberyarson
What Is a Crime? What Is a Crime?
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
What Is a Crime? What Is a Crime?
Criminal Law
Pre-Learning Question Pre-Learning Question
How is the American legal system organized?
What Is a Crime? What Is a Crime?
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
What Is a Crime? What Is a Crime?
Criminal Law
State Criminal Law State Criminal Law Each state has inherent police power allowing it to make statutes to protect public:
healthsafetywelfaremorals
What Is a Crime? What Is a Crime?
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.
What Is a Crime? What Is a Crime?
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.
What Is a Crime? What Is a Crime?
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)
What Is a Crime? What Is a Crime?
Criminal Law
Pre-Learning Question Pre-Learning Question
What do you think are the elements of a crime?
What Is a Crime? What Is a Crime?
Criminal Law
Elements of a Crime Elements of a Crime A crime is defined by two elements:
the criminal actthe required state of mind
What Is a Crime? What Is a Crime?
Criminal Law
Most criminal statutes specifically explain conduct that is forbidden.A criminal act must also involve voluntary conduct.
Criminal Act Criminal Act
What Is a Crime? What Is a Crime?
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.
What Is a Crime? What Is a Crime?
Criminal Law
Motive plays no part in proving criminal liability.
Motive Motive
What Is a Crime? What Is a Crime?
Criminal Law
Pre-Learning Question Pre-Learning Question
What do you think are defenses to a crime?
What Is a Crime? What Is a Crime?
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.
What Is a Crime? What Is a Crime?
Criminal Law
Defenses to Crimes Defenses to Crimes Common defenses are:
insanityentrapmentself-defensedefense of family members
What Is a Crime? What Is a Crime?
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.
What Is a Crime? What Is a Crime?
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.
What Is a Crime? What Is a Crime?
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.
What Is a Crime? What Is a Crime?
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.
What Is a Crime? What Is a Crime?
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.
What Is a Crime? What Is a Crime?
Criminal Law
What part does motive play in proving criminal liability?
What Is a Crime? What Is a Crime?
Criminal Law
Reviewing What You Learned
1. What determines the difference between a felony and a misdemeanor?
Section 1 Assessment
What Is a Crime? What Is a Crime?
Criminal Law
Reviewing What You Learned
2. How do state and federal criminal law differ?
Section 1 Assessment
What Is a Crime? What Is a Crime?
Criminal Law
Reviewing What You Learned
3. What are the elements of a crime?
Section 1 Assessment
What Is a Crime? What Is a Crime?
Criminal Law
Reviewing What You Learned
4. What are the major criminal defenses?
Section 1 Assessment
What Is a Crime? What Is a Crime?
Criminal Law
Section 3.1 Assessment
Critical Thinking ActivityLegal DefensesWhy is it crucial to understand the different defenses to criminal liability?
What Is a Crime? What Is a Crime?
Criminal Law
Section 1 Assessment
Legal Skills in ActionThe Insanity Defense Many people have misconceptions about the insanity defense in the American legal system. They often see it as a way for criminals to go free without serving time for their offenses.
What Is a Crime? What Is a Crime?
Criminal Law
Section 1 Assessment
Legal Skills in ActionThe Insanity Defense Imagine that you are a legal columnist for a newsletter for people who support civil liberties. Write a column in which you defend the insanity defense as a necessary part of the American legal system.
33ChapterChapter
SECTION OPENER / CLOSER:INSERT BOOK COVER ART
What Is a Crime?What Is a Crime?End of Section 1End of Section 1