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3 3 Chapter Chapter SECTION OPENER / CLOSER: INSERT BOOK COVER ART What Is a Crime? Section 3.1
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33ChapterChapter
SECTION OPENER / CLOSER:INSERT BOOK COVER ART
What Is a Crime?What Is a Crime?Section 3.1Section 3.1
Understanding Business and Personal Law
What Is a Crime? What Is a Crime? Section 3.1Section 3.1
Criminal Law
Section 3.1Section 3.1What Is a Crime?What Is a Crime?
Section 3.2Section 3.2Particular CrimesParticular Crimes
33ChapterChapter Criminal LawCriminal Law
Understanding Business and Personal Law
What Is a Crime? What Is a Crime? Section 3.1Section 3.1
Criminal Law
What You’ll Learn
How to tell the difference between How to tell the difference between serious and less serious crimes (p. 56)serious and less serious crimes (p. 56)
How to explain the difference between How to explain the difference between state and federal law (pp. 56 & 57)state and federal law (pp. 56 & 57)
Understanding Business and Personal Law
What Is a Crime? What Is a Crime? Section 3.1Section 3.1
Criminal Law
What You’ll Learn
How to explain the elements of a crime How to explain the elements of a crime (p. 58)(p. 58)
How to define the various defenses to How to define the various defenses to criminal liability (p. 59)criminal liability (p. 59)
Understanding Business and Personal Law
What Is a Crime? What Is a Crime? Section 3.1Section 3.1
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.
Understanding Business and Personal Law
What Is a Crime? What Is a Crime? Section 3.1Section 3.1
Criminal Law
Legal Terms
crime (p. 56)crime (p. 56)plaintiff (p. 56)plaintiff (p. 56)prosecutor (p. 56)prosecutor (p. 56)defendant (p. 56)defendant (p. 56)felony (p. 56)felony (p. 56)misdemeanor (p. 56) misdemeanor (p. 56)
Understanding Business and Personal Law
What Is a Crime? What Is a Crime? Section 3.1Section 3.1
Criminal Law
Classifications of Crimes FeloniesMisdemeanors
Section OutlineSection Outline
Criminal Law in the American System
State Criminal LawFederal Criminal Law
Understanding Business and Personal Law
What Is a Crime? What Is a Crime? Section 3.1Section 3.1
Criminal Law
Elements of a Crime Criminal ActRequired State of Mind Motive
Section OutlineSection Outline
Understanding Business and Personal Law
What Is a Crime? What Is a Crime? Section 3.1Section 3.1
Criminal Law
Defenses to Crimes InsanityEntrapmentSelf-DefenseDefense of Family Members
Section OutlineSection Outline
Understanding Business and Personal Law
What Is a Crime? What Is a Crime? Section 3.1Section 3.1
Criminal Law
Pre-Learning Question Pre-Learning Question
How do you think crimes are classified?
Understanding Business and Personal Law
What Is a Crime? What Is a Crime? Section 3.1Section 3.1
Criminal Law
Classifications of Crimes Classifications of Crimes Crime is considered an act against the public good.The defendant is the person accused of a crime.The prosecutor is the government attorney who presents the case in court against the defendant.
Understanding Business and Personal Law
What Is a Crime? What Is a Crime? Section 3.1Section 3.1
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.
Understanding Business and Personal Law
What Is a Crime? What Is a Crime? Section 3.1Section 3.1
Criminal Law
Felonies Felonies A felony is a major crime punishable by imprisonment or death. These include:
MurderManslaughterBurglaryRobberyArson
Understanding Business and Personal Law
What Is a Crime? What Is a Crime? Section 3.1Section 3.1
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
Understanding Business and Personal Law
What Is a Crime? What Is a Crime? Section 3.1Section 3.1
Criminal Law
Pre-Learning Question Pre-Learning Question
How is the American legal system organized?
Understanding Business and Personal Law
What Is a Crime? What Is a Crime? Section 3.1Section 3.1
Criminal Law
The American legal system consists of two systems:
Criminal Law in the Criminal Law in the American System American System
The state system, andThe federal system.
Understanding Business and Personal Law
What Is a Crime? What Is a Crime? Section 3.1Section 3.1
Criminal Law
State Criminal Law State Criminal Law Each state has inherent police power allowing it to make statutes to protect public:
HealthSafetyWelfareMorals
Understanding Business and Personal Law
What Is a Crime? What Is a Crime? Section 3.1Section 3.1
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.
Understanding Business and Personal Law
What Is a Crime? What Is a Crime? Section 3.1Section 3.1
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.
Understanding Business and Personal Law
What Is a Crime? What Is a Crime? Section 3.1Section 3.1
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)
Understanding Business and Personal Law
What Is a Crime? What Is a Crime? Section 3.1Section 3.1
Criminal Law
Pre-Learning Question Pre-Learning Question
What do you think are the elements of a crime?
Understanding Business and Personal Law
What Is a Crime? What Is a Crime? Section 3.1Section 3.1
Criminal Law
Elements of a Crime Elements of a Crime A crime is defined by two elements:
The criminal act, andThe required state of mind.
Understanding Business and Personal Law
What Is a Crime? What Is a Crime? Section 3.1Section 3.1
Criminal Law
Most criminal statutes specifically explain conduct that is forbidden.A criminal act must also involve voluntary conduct.
Criminal Act Criminal Act
Understanding Business and Personal Law
What Is a Crime? What Is a Crime? Section 3.1Section 3.1
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.
Understanding Business and Personal Law
What Is a Crime? What Is a Crime? Section 3.1Section 3.1
Criminal Law
Motive plays no part in proving criminal liability.
Motive Motive
Understanding Business and Personal Law
What Is a Crime? What Is a Crime? Section 3.1Section 3.1
Criminal Law
Pre-Learning Question Pre-Learning Question
What do you think are defenses to a crime?
Understanding Business and Personal Law
What Is a Crime? What Is a Crime? Section 3.1Section 3.1
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.
Understanding Business and Personal Law
What Is a Crime? What Is a Crime? Section 3.1Section 3.1
Criminal Law
Defenses to Crimes Defenses to Crimes Common defenses are:
InsanityEntrapmentSelf-defenseDefense of family members
Understanding Business and Personal Law
What Is a Crime? What Is a Crime? Section 3.1Section 3.1
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.
Understanding Business and Personal Law
What Is a Crime? What Is a Crime? Section 3.1Section 3.1
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.
Understanding Business and Personal Law
What Is a Crime? What Is a Crime? Section 3.1Section 3.1
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.
Understanding Business and Personal Law
What Is a Crime? What Is a Crime? Section 3.1Section 3.1
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.
Understanding Business and Personal Law
What Is a Crime? What Is a Crime? Section 3.1Section 3.1
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.
Understanding Business and Personal Law
What Is a Crime? What Is a Crime? Section 3.1Section 3.1
Criminal Law
What part does motive play in proving criminal liability?
Understanding Business and Personal Law
What Is a Crime? What Is a Crime? Section 3.1Section 3.1
Criminal Law
ANSWERANSWER
None.
Understanding Business and Personal Law
What Is a Crime? What Is a Crime? Section 3.1Section 3.1
Criminal Law
Reviewing What You Learned
1. What determines the difference between a felony and a misdemeanor?
Section 3.1 Assessment
Understanding Business and Personal Law
What Is a Crime? What Is a Crime? Section 3.1Section 3.1
Criminal Law
Reviewing What You Learned
Felonies are more serious than misdemeanors and are distinguished by longer, more severe penalties.
Section 3.1 Assessment
Answer
Understanding Business and Personal Law
What Is a Crime? What Is a Crime? Section 3.1Section 3.1
Criminal Law
Reviewing What You Learned
2. How do state and federal criminal law differ?
Section 3.1 Assessment
Understanding Business and Personal Law
What Is a Crime? What Is a Crime? Section 3.1Section 3.1
Criminal Law
Reviewing What You Learned
State governments have inherent police power. It can make statutes to protect the public.
Section 3.1 Assessment
Answer
Understanding Business and Personal Law
What Is a Crime? What Is a Crime? Section 3.1Section 3.1
Criminal Law
Reviewing What You Learned
The federal government has no police power and can create criminal statutes only in those areas over which it has jurisdiction.
Section 3.1 Assessment
Answer
Understanding Business and Personal Law
What Is a Crime? What Is a Crime? Section 3.1Section 3.1
Criminal Law
Reviewing What You Learned
3. What are the elements of a crime?
Section 3.1 Assessment
Understanding Business and Personal Law
What Is a Crime? What Is a Crime? Section 3.1Section 3.1
Criminal Law
Reviewing What You Learned
The criminal act and the required state of mind.
Section 3.1 Assessment
Answer
Understanding Business and Personal Law
What Is a Crime? What Is a Crime? Section 3.1Section 3.1
Criminal Law
Reviewing What You Learned
4. What are the major criminal defenses?
Section 3.1 Assessment
Understanding Business and Personal Law
What Is a Crime? What Is a Crime? Section 3.1Section 3.1
Criminal Law
Reviewing What You Learned
Insanity, entrapment, self-defense, and defense of family members.
Section 3.1 Assessment
Answer
Understanding Business and Personal Law
What Is a Crime? What Is a Crime? Section 3.1Section 3.1
Criminal Law
Section 3.1 Assessment
Critical Thinking ActivityLegal DefensesWhy is it crucial to understand the different defenses to criminal liability?
Understanding Business and Personal Law
What Is a Crime? What Is a Crime? Section 3.1Section 3.1
Criminal Law
Section 3.1 Assessment
In order to properly represent his or her client, an attorney must have a proper understanding of the different defenses to criminal liability.
Critical Thinking Activity AnswerLegal Defenses
Understanding Business and Personal Law
What Is a Crime? What Is a Crime? Section 3.1Section 3.1
Criminal Law
Section 3.1 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.
Understanding Business and Personal Law
What Is a Crime? What Is a Crime? Section 3.1Section 3.1
Criminal Law
Section 3.1 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.
Understanding Business and Personal Law
What Is a Crime? What Is a Crime? Section 3.1Section 3.1
Criminal Law
Section 3.1 Assessment
Columns will vary, but should recognize that the criminally insane do not automatically go free, but are committed to institutions for psychiatric help.
Legal Skills in Action AnswerThe Insanity Defense
33ChapterChapter
SECTION OPENER / CLOSER:INSERT BOOK COVER ART
What Is a Crime?What Is a Crime?End of Section 3.1End of Section 3.1
