7Section Outline Classifications of Crimes FeloniesMisdemeanorsCriminal Law in the American SystemState Criminal LawFederal Criminal Law
8Section Outline Elements of a Crime Criminal Act Required State of MindMotive
9Section Outline Defenses to Crimes Insanity Entrapment Self-Defense Defense of Family Members
10Pre-Learning Question How do you think crimes are classified?
11Classifications 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.
12Classifications 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.
13FeloniesA felony is a major crime punishable by imprisonment or death. These include:murdermanslaughterburglaryrobberyarson
14MisdemeanorsA 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
15Pre-Learning Question How is the American legal system organized?
16Criminal Law in the American System The American legal system consists of two systems:the state systemthe federal system
17State Criminal LawEach state has inherent police power allowing it to make statutes to protect public:healthsafetywelfaremorals
18Federal 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.
19Federal Criminal LawBecause 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.
20Federal Criminal LawToday, the federal government does have a criminal code and several police agencies, including:the Federal Bureau of Investigation (FBI)the Drug Enforcement Agency (DEA)
21Pre-Learning Question What do you think are the elements of a crime?
22Elements of a Crime A crime is defined by two elements: the criminal actthe required state of mind
23Criminal ActMost criminal statutes specifically explain conduct that is forbidden.A criminal act must also involve voluntary conduct.
24Required State of MindThe 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.
25MotiveMotive plays no part in proving criminal liability.
26Pre-Learning Question What do you think are defenses to a crime?
27Defenses to CrimesDefense attorneys try to show that the prosecution failed to prove the required elements for the crime charged to their client.
28Defenses to Crimes Common defenses are: insanity entrapment self-defensedefense of family members
29InsanityAmerican law recognizes that people cannot be held responsible for their actions if they do not know what they are doing.
30InsanityAbout 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.
31EntrapmentIf a law enforcement officer induces a law-abiding citizen to commit a crime, the person can use a defense known as entrapment.
32Self-DefenseWhen 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.
33Defense 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.
34What part does motive play in proving criminal liability?
35Reviewing What You Learned Section 1 AssessmentReviewing What You LearnedWhat determines the difference between a felony and a misdemeanor?
36Reviewing What You Learned Section 1 AssessmentReviewing What You LearnedHow do state and federal criminal law differ?
37Reviewing What You Learned What are the elements of a crime? Section 1 AssessmentReviewing What You LearnedWhat are the elements of a crime?
38Reviewing What You Learned What are the major criminal defenses? Section 1 AssessmentReviewing What You LearnedWhat are the major criminal defenses?
39Critical Thinking Activity Legal Defenses Section 3.1 AssessmentCritical Thinking ActivityLegal DefensesWhy is it crucial to understand the different defenses to criminal liability?
40Legal Skills in Action The Insanity Defense Section 1 AssessmentLegal Skills in ActionThe Insanity DefenseMany 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.
41Legal Skills in Action The Insanity Defense Section 1 AssessmentLegal Skills in ActionThe Insanity DefenseImagine 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.