Chapter 3.1

Crime - an act against the public good. In the U.S. the Federal Gov’t is the plaintiff -

the party that accuses a person of a crime. Prosecutor - the government attorney who

presents the case in court. Defendant - the accused person.

Felony - a major crime punishable by imprisonment or death.

Examples: Murder Manslaughter

Robbery Burglary Arson

Misdemeanor - a less serious crime with a less severe penalty.

Examples:Driving without a licenseLying about your age to purchase alcoholLeaving the scene of an accident

Criminal Law in the American System

State Criminal LawEach state gov’t has inherent police power that can make its own statues to protect the public.They resemble each other but exact definitions & limitations and penalties may differ.

Federal Criminal LawFederal gov’t has no police powerIt can create criminal statues in

areas it has jurisdiction.

Example: It can create laws against counterfeiting because it has the power to coin money.

It does have a criminal code & national police agencies (FBI, DEA)

2 crimes are mentioned in the Constitution: Treason - acting to overthrow your gov’t Double Jeopardy - Person able to be tried

twice for the same crime◦ Not allowed in the Constitution◦ Created when state & federal laws overlap◦ Courts have upheld that a person CAN NOT be

tried twice in the same court but can in different courts

Elements of a Crime◦ Each crime has 2 parts:

Criminal Act - the forbidden conduct of a person Required State of Mind - crime a person is accused of

may change based on mental state Example: Murder forbids the intentional taking of a life. In

this case the mental state is intent. Involuntary manslaughter on the other hand outlaws the accidental taking of a life.

4 Common Defenses to Crimes 1) Insanity - Law states people can not be held

responsible for their actions if they don’t know what they are doing

2) Entrapment - When a law enforcement officer influences someone to commit crime.

3) Self- Defense - Using force to protect yourself◦ You must have tried to retreat before resorting to

force unless in your own home 4) Defense of Family Members

◦ Similar to above but acting to protect family members instead of yourself