chapter nine criminal practice: criminal law and juvenile law

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Chapter Nine Criminal Practice: Criminal Law and Juvenile Law

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Page 1: Chapter Nine Criminal Practice: Criminal Law and Juvenile Law

Chapter Nine

Criminal Practice: Criminal Law and Juvenile Law   

Page 2: Chapter Nine Criminal Practice: Criminal Law and Juvenile Law

Purposes of Criminal Law

• Deterrence

• Rehabilitation

• Incapacitation

• Retribution

Page 3: Chapter Nine Criminal Practice: Criminal Law and Juvenile Law

Elements of a Crime

Mens Rea: the mental element of a crime; sometimes called the “guilty mind”

a purposeful act

a knowing act

a reckless act

a negligent act

The Prosecution must prove mens rea.

Page 4: Chapter Nine Criminal Practice: Criminal Law and Juvenile Law

Elements of a Crime (cont.)

Actus Reus: The physical element of a crime; the guilty act or the physical aspect of the crime.

In most cases, an act is a volitional physical act. This action must be voluntary.

Page 5: Chapter Nine Criminal Practice: Criminal Law and Juvenile Law

Crime: Homicide

Homicide: the taking of the life a

human being by another

First Degree Murder

Manslaughter

Second Degree Murder

Page 6: Chapter Nine Criminal Practice: Criminal Law and Juvenile Law

Elements of Battery

1. a reckless or intentional touching

2. of another person

3. that is harmful or offensive

Page 7: Chapter Nine Criminal Practice: Criminal Law and Juvenile Law

Prosecution of Juvenile Offenders

Juvenile Court

Petition

Detention hearing

Jurisdictional hearing

Dispositional hearing

Criminal Court

Charges / Complaint

Arraignment

Trial

Sentencing