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3 Chapter SECTION OPENER / CLOSER: INSERT BOOK COVER ART What Is a Crime? Section 3.1
3Chapter
SECTION OPENER / CLOSER:INSERT BOOK COVER ART
What Is a Crime?Section 3.1
Objective: SWBAT identify and explain the classification of crimes
Pre-Learning Question How do you think crimes are
classified?
Objective: SWBAT identify and explain the classification of crimes
Classifications of Crimes Crime is considered an act against the public goodThe defendant is the person accused of a crime.The prosecutor is the government attorney who presents the case in court against the defendant.
Objective: SWBAT identify and explain the classification 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.
Objective: SWBAT identify and explain the classification of crimes
Felonies A felony is a major crime punishable by imprisonment or death. These include:
murdermanslaughterburglaryrobberyarson
**Felony Murder Rule**
Objective: SWBAT identify and explain the classification of crimes
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
Objective: SWBAT differentiate between the various levels of organization in the legal system
Do Now Question:
In what way is the American legal system organized? Explain.
The American legal system consists of two systems:
Objective: SWBAT differentiate between the various levels of organization in the legal system
Criminal Law in the American System
the state system
the federal system
Objective: SWBAT differentiate between the various levels of organization in the legal system
State Criminal Law Each state has inherent police power allowing it to make statutes to protect public:
healthsafetywelfaremorals
“Doctrine of Public Policy”
Objective: SWBAT differentiate between the various levels of organization in the legal system
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 produce money.
Objective: SWBAT differentiate between the various levels of organization in the legal system
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.
Objective: SWBAT differentiate between the various levels of organization in the legal system
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)
Objective: SWBAT define and apply the elements of a crime
Do Now Question
What do you think are the elements of a crime?
Objective: SWBAT define and apply the elements of a crime
Elements of a Crime A crime is defined by two
elements:the criminal actthe required state of mind
Most criminal statutes specifically explain conduct that is forbidden.
A criminal act must also involve voluntary conduct.
Criminal Act
The definition of a crime can be changed based on the criminal’s 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.
• Motive plays no part in proving criminal liability.
• It is a effective tool for helping convince a jury
Objective: SWBAT define and apply the elements of a crime
Motive
Objective: SWBAT identify and apply the common defenses to crimes
Do Now Question:What do you think are defenses to a crime? Explain why.
Take That! OUCHIES !
Objective: SWBAT identify and apply the common 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.
Objective: SWBAT identify and apply the common defenses to crimes
Defenses to Crimes Common defenses are:
insanityentrapmentself-defensedefense of family members
Objective: SWBAT identify and apply the insanity defense to a crime
Insanity American law recognizes that people cannot be held responsible for their actions if they do not know what they are doing.
Objective: SWBAT identify and apply the insanity defense to a crime
Insanity •About two-fifths of the U.S. use the M’Naghten Rule (oldest test)•The other three-fifths use the American Law Institute (ALI) test to determine insanity.
Objective: SWBAT identify and apply the entrapment defense to a crime
Entrapment If a law enforcement officer induces a law-abiding citizen to commit a crime, the person can use a defense known as entrapment.
Objective: SWBAT identify and apply the common defenses to crimesSelf-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.
Objective: SWBAT identify and apply the common defenses to crimes
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.
What part does motive play in proving criminal liability?
Textbook Questions- Page 61 #1-4 & Critical Thinking
DUE E.O.C.
Objective: SWBAT identify and apply the common defenses to crimes
ANSWER
None.
