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Crimes Against Person and Property Introduction to Law Criminal Law Unit (103-110, 111-116, 120-125) Mr. Calella
Crimes Against Person and Property
Crimes Against Person and Property
Introduction to LawCriminal Law Unit (103-110, 111-116, 120-125)
Mr. Calella
Introduction to LawCriminal Law Unit (103-110, 111-116, 120-125)
Mr. Calella
Crimes Against the Person
Crimes Against the Person
HomicideHomicide
Homicide: the killing of one human being by another.
Criminal Homicide: killing done with malice (some level of intent to kill or seriously harm; or reckless act)
1st Degree Murder, Felony Murder, 2nd Degree Murder, Voluntary Manslaughter, Involuntary Manslaughter, Negligent Manslaughter
Activity: What are the various levels of criminal homicide? Hypothetical examples for each?
Problem 9.2: page 105
Noncriminal Homicide: self-defense, soldier in war, etc.
Problem 9.1, page 105
Homicide: the killing of one human being by another.
Criminal Homicide: killing done with malice (some level of intent to kill or seriously harm; or reckless act)
1st Degree Murder, Felony Murder, 2nd Degree Murder, Voluntary Manslaughter, Involuntary Manslaughter, Negligent Manslaughter
Activity: What are the various levels of criminal homicide? Hypothetical examples for each?
Problem 9.2: page 105
Noncriminal Homicide: self-defense, soldier in war, etc.
Problem 9.1, page 105
Assisted SuicideAssisted Suicide
“The Case of the Dying Cancer Patient” page 107 (Think-Pair-Share)
http://www.youtube.com/watch?v=1Tws_XqdzA0
“The Case of the Dying Cancer Patient” page 107 (Think-Pair-Share)
http://www.youtube.com/watch?v=1Tws_XqdzA0
Assault and BatteryAssault and Battery
Assault: any attempt or threat to carry out a physical attack upon a person
Battery: any unlawful physical contact inflicted by one person upon another without consent; actual injury not necessary
Law in New Jersey
visit http://www.assaultandbattery.org/new-jersey/
How do Simple Assault and Aggravated Assault differ?
Write a hypothetical example for each
Assault: any attempt or threat to carry out a physical attack upon a person
Battery: any unlawful physical contact inflicted by one person upon another without consent; actual injury not necessary
Law in New Jersey
visit http://www.assaultandbattery.org/new-jersey/
How do Simple Assault and Aggravated Assault differ?
Write a hypothetical example for each
Crimes Against PropertyCrimes Against Property
ActivityActivityBreak down into 4 groups: Group One (Arson & Vandalism), Group Two (Larceny & Embezzlement), Group Three (Robbery & Extortion), and Group Four (Burglary & Forgery)
One person in each group will prepare a document in Pages. First type in the definitions of your group’s two crimes. Next, group members will research current news articles having to do with these two crimes. Each group will agree on a news story for each crime. The news stories must be effective examples of the crime. Finally, the person preparing the document will include URL for the news story and (with the help of all members) write a 2-3 sentence summary for each story.
Email me your Pages document (make sure all names are on it)
Each group will then present their work to rest of class
Break down into 4 groups: Group One (Arson & Vandalism), Group Two (Larceny & Embezzlement), Group Three (Robbery & Extortion), and Group Four (Burglary & Forgery)
One person in each group will prepare a document in Pages. First type in the definitions of your group’s two crimes. Next, group members will research current news articles having to do with these two crimes. Each group will agree on a news story for each crime. The news stories must be effective examples of the crime. Finally, the person preparing the document will include URL for the news story and (with the help of all members) write a 2-3 sentence summary for each story.
Email me your Pages document (make sure all names are on it)
Each group will then present their work to rest of class
DefensesDefenses
Basic DefensesBasic Defenses
No crime was committed (No rape because there was consent and woman was of legal age; No “Plaxico” case because there was a valid carrier’s license)
No criminal intent (“The Case of Taking a Car by Mistake” page 50)
Alibi: claim that defendant was somewhere else when crime committed
No crime was committed (No rape because there was consent and woman was of legal age; No “Plaxico” case because there was a valid carrier’s license)
No criminal intent (“The Case of Taking a Car by Mistake” page 50)
Alibi: claim that defendant was somewhere else when crime committed
Excusable or Justified Act Excusable or Justified Act
Self-defense and defense of property; What is the law in NJ?
In pairs, review the following website and summarize law in your own words for 1) Use of force for self-protection 2) to protect others, and 3) to protect premises
Please write (on paper) 2-3 sentences for each
http://lis.njleg.state.nj.us/cgi-bin/om_isapi.dll?clientID=432094&Depth=4&TD=WRAP&advquery=%222C%3a3-6%22&headingswithhits=on&infobase=statutes.nfo&rank=&record=%7B1696%7D&softpage=Doc_Frame_Pg42&wordsaroundhits=2&x=29&y=12&zz=
Next, using New Jersey law answer Problem 11.1 pg.121 (on paper too!)
25 Points Class Participation grade
Self-defense and defense of property; What is the law in NJ?
In pairs, review the following website and summarize law in your own words for 1) Use of force for self-protection 2) to protect others, and 3) to protect premises
Please write (on paper) 2-3 sentences for each
http://lis.njleg.state.nj.us/cgi-bin/om_isapi.dll?clientID=432094&Depth=4&TD=WRAP&advquery=%222C%3a3-6%22&headingswithhits=on&infobase=statutes.nfo&rank=&record=%7B1696%7D&softpage=Doc_Frame_Pg42&wordsaroundhits=2&x=29&y=12&zz=
Next, using New Jersey law answer Problem 11.1 pg.121 (on paper too!)
25 Points Class Participation grade
Not responsible for actionsNot responsible for actions
Infancy: Cannot commit a crime in NJ if under 14; would go to juvenile court
Intoxication: so drunk or so high, did not know what you were doing (voluntary intox. not a defense to crime, but can be used to show state of mind)
Insanity:don’t know what you are doing or you don’t know right from wrong; criminal proceedings:
Competent to stand trial (experts on each side)
Insane at time crime was committed (experts again)
Affirmative defense in NJ (defendant must show he was insane by the “preponderence of the evidence”)
Infancy: Cannot commit a crime in NJ if under 14; would go to juvenile court
Intoxication: so drunk or so high, did not know what you were doing (voluntary intox. not a defense to crime, but can be used to show state of mind)
Insanity:don’t know what you are doing or you don’t know right from wrong; criminal proceedings:
Competent to stand trial (experts on each side)
Insane at time crime was committed (experts again)
Affirmative defense in NJ (defendant must show he was insane by the “preponderence of the evidence”)
Entrapment: Problem 11.3 page 125
Duress: “Rob that bank or we’ll kill your best friend.”
Necessity: See the case of the “Three Cannibalistic Amigos aboard the Mignonette”
Entrapment: Problem 11.3 page 125
Duress: “Rob that bank or we’ll kill your best friend.”
Necessity: See the case of the “Three Cannibalistic Amigos aboard the Mignonette”
