2. Criminal Law
Section 1
What Is a Crime?
Section 2
Particular Crimes

3. What You’ll Learn
How to tell the difference between serious and less serious crimes
How to explain the difference between state and federal law

4. What You’ll Learn
How to explain the elements of a crime
How to define the various defenses to criminal liability

5. Why It’s Important
Learning the essence of criminal law, the types of crimes that can be committed, and the nature of criminal defense will help you understand our criminal justice system.

6. Legal Terms
crime
plaintiff
prosecutor
defendant
felony
Misdemeanor

7. Section Outline Classifications of Crimes
Felonies
Misdemeanors
Criminal Law in the American System
State Criminal Law
Federal Criminal Law

8. Section Outline Elements of a Crime Criminal Act
Required State of Mind
Motive

9. Section Outline Defenses to Crimes Insanity Entrapment Self-Defense
Defense of Family Members

10. Pre-Learning Question
How do you think crimes are classified?

11. 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.

12. 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.

13. Felonies
A felony is a major crime punishable by imprisonment or death. These include:
murder
manslaughter
burglary
robbery
arson

14. Misdemeanors
A less serious crime with less sever penalty is a misdemeanor. These include:
driving without a license
lying about one’s age to purchase alcohol
leaving the scene of an automobile accident

15. Pre-Learning Question
How is the American legal system organized?

16. Criminal Law in the American System
The American legal system consists of two systems:
the state system
the federal system

17. State Criminal Law
Each state has inherent police power allowing it to make statutes to protect public:
health
safety
welfare
morals

18. 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.

19. 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.

20. 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)

21. Pre-Learning Question
What do you think are the elements of a crime?

22. Elements of a Crime A crime is defined by two elements:
the criminal act
the required state of mind

23. Criminal Act
Most criminal statutes specifically explain conduct that is forbidden.
A criminal act must also involve voluntary conduct.

24. Required State of Mind
The definition of a crime can be changed based on the criminal’s state of mind.
Murder is the intentional taking of a person’s life.
Involuntary manslaughter outlaws the accidental taking of a person’s life.

25. Motive
Motive plays no part in proving criminal liability.

26. Pre-Learning Question
What do you think are defenses to a crime?

27. Defenses to Crimes
Defense attorneys try to show that the prosecution failed to prove the required elements for the crime charged to their client.

28. Defenses to Crimes Common defenses are: insanity entrapment
self-defense
defense of family members

29. Insanity
American law recognizes that people cannot be held responsible for their actions if they do not know what they are doing.

30. 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.

31. Entrapment
If a law enforcement officer induces a law-abiding citizen to commit a crime, the person can use a defense known as entrapment.

32. 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.

33. 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.

34. What part does motive play in proving criminal liability?

35. Reviewing What You Learned
Section 1 Assessment
Reviewing What You Learned
What determines the difference between a felony and a misdemeanor?

36. Reviewing What You Learned
Section 1 Assessment
Reviewing What You Learned
How do state and federal criminal law differ?

37. Reviewing What You Learned What are the elements of a crime?
Section 1 Assessment
Reviewing What You Learned
What are the elements of a crime?

38. Reviewing What You Learned What are the major criminal defenses?
Section 1 Assessment
Reviewing What You Learned
What are the major criminal defenses?

39. Critical Thinking Activity Legal Defenses
Section 3.1 Assessment
Critical Thinking Activity
Legal Defenses
Why is it crucial to understand the different defenses to criminal liability?

40. Legal Skills in Action The Insanity Defense
Section 1 Assessment
Legal Skills in Action
The 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.

41. Legal Skills in Action The Insanity Defense
Section 1 Assessment
Legal Skills in Action
The 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.

42. End of Section 1