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Buslaw04 Criminal Liability

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    1. Explain the purpose of criminal law.2. Enumerate the various categories and

    classes of crimes.

    3. Describe the nature of an act within themeaning of criminal liability.

    4. Identify the four mental states that can be

    found in the criminal code.

    CRIMINAL LAW

    Chapter Outcomes:

    Chapter 4

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    5

    . Distinguish motive from the requiredelements of criminal liability.

    6. Enumerate and explain the various crimes

    against people.

    7. Distinguish between embezzlement and

    larceny by false pretenses.

    CRIMINAL LAWChapter 4

    Chapter Outcomes (continued):

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    8. Define bribery and forgery.

    9. Explain the three standards for the insanity

    defense found in criminal law.

    10. Outline the requirements of entrapment as a

    defense to criminal liability.

    CRIMINAL LAWChapter 4

    Chapter Outcomes (continued):

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    Definition and Classes of Crimes

    Definition of a Crime

    Criminal Law in the American

    System

    44--11

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    44--11

    1. Only state governments have the legal

    authority to create criminal law statutes.

    Topic Quiz

    FALSE

    Answer the following true/false questions:

    The nation may also.

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    44--11

    2. Both criminal law and tort law have the

    same focal point, that is, to protect thepublic at large.

    Topic Quiz

    FALSE

    Answer the following true/false questions:

    Tort law is concerned with private

    wrongs.

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    44--11

    3. A misdemeanor is a crime punishable

    by death or imprisonment for a termexceeding one year.

    Topic Quiz

    FALSE

    Answer the following true/false questions:

    A misdemeanor is less serious, resulting

    in imprisonment for less than one year.

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    Elements of a Crime

    A Criminal ActThe Requisite State of Mind

    The Matter of Motive

    44--22

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    LawLINKS

    Chapter 4Chapter 4

    Information about the American Society of

    Criminology can be obtained at

    http://osiris.colorado.edu/SOC/ORGS/asc.

    html

    Information about the National CriminalJustice Association can be found at

    http://sso.org/ncja/ncja.html

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    44--22

    1. Under American Law, a failure to act

    can never be considered criminal.

    Topic Quiz

    FALSE

    Answer the following true/false questions:

    It can be considered criminal.

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    44--22

    2. Most states include involuntary

    movement and behavior within their

    general definition of criminal act.

    Topic Quiz

    FALSE

    Answer the following true/false questions:

    Most states specifically EXCLUDE

    it from the definition.

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    44--22

    3. Motive is an important element of

    criminal liability.

    Topic Quiz

    FALSE

    Answer the following true/false questions:

    Motive may help, but is not

    necessary to prove criminal liability.

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    Specific Crimes

    Crimes Against People

    Crimes Against Property

    Crimes Involving Business

    44--33

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    44--33

    1. When an unlawful killing results from

    negligence, the homicide is calledvoluntary manslaughter.

    Topic Quiz

    FALSE

    Answer the following true/false questions:

    It is involuntary manslaughter.

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    44--33

    2. Hate speech statutes are constitutional

    as long as they are content specific.

    Topic Quiz

    FALSE

    Answer the following true/false questions:

    As long as they are not content specific.

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    44--33

    3. The intent to return embezzled

    property to the rightful owner

    is not a proper defense to

    embezzlement.

    Topic Quiz

    TRUE

    Answer the following true/false questions:

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    Defenses to Criminal Liability

    The Insanity Defense

    Entrapment

    Justifiable forceMistake

    44--44

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    LawLINKS

    Chapter 4Chapter 4

    The Vera Institute of Justice is dedicated to

    the task of transforming the Americancriminal justice system into a fair, humane,

    and efficient organization. The Institute

    maintains a website athttp://broadway.vera.org/

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    44--44

    1. The insanity defense and the question of

    competency to stand trial are essentiallythe same thing.

    Topic Quiz

    FALSE

    Answer the following true/false questions:

    They are not the same.

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    44--44

    2. Entrapment is not available as a

    defense if the defendant would

    have committed the crime even

    without the involvement of a law

    enforcement officer.

    Topic Quiz

    TRUE

    Answer the following true/false questions:

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    44--44

    3. The battered spouse syndrome is not a

    valid form of justifiable force.

    Topic Quiz

    FALSE

    Answer the following true/false questions:

    In some courts it has been accepted

    as a form of self-defense.

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    44--11 A crime is an offense against the public at

    large.The two elements necessary to create criminal

    liability are (a) an act, and (b) the requisite

    state of mind.

    44--22

    SUMMARY

    44--33 Crimes against the people include homicide,

    assault, battery, kidnapping, and hate speech.

    44--44 Since the essence of criminal liability lieswithin the two essential elements of act and

    requisite mental state, a logical defense would

    be aimed at eliminating one or both of these

    elements.

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    American Law Institute Test arson

    battered spouse syndrome assault

    battery bribery

    burglary crimeembezzlement entrapment

    extortion felony

    forgery homicide

    irresistible impulse test kidnapping

    knowledge larceny

    larceny by false pretenses misdemeanor

    MNaughten Rule negligence

    purpose recklessness

    robbery self-defense

    KeyT

    erms

    Chapter 4Chapter 4

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    Investigating on the Internet

    As a research assignment, access the

    United States Crime Control Bill of1994 at

    http://broadway.vera.org/pub/crimebill/

    cb.htmland write a report about the legislative

    history of the bill.

    Chapter 4Chapter 4

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    Endof Presentation


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