Legal Terms crime (p. 56) plaintiff (p. 56) prosecutor (p. 56) defendant (p. 56) felony (p. 56) misdemeanor (p. 56)

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

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

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

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.

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.

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

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

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

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

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.

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.

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)

Treason – the offense of attempting by overt acts to overthrow the government of the state to which the offender owes allegiance. A crime that is named and defined in the US Constitution. Double Jeopardy – The 5th amendment guarantees that no person can be tried twice for the same crime. Some crimes overlap federal and state systems. Individuals may be tried twice for the same actions in two different courts

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

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

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.

Motive Motive plays no part in proving criminal liability. If a person has committed a forbidden act and is the right state of mind, then he or she is criminally liable.

Defenses to Crimes Defense attorneys try to show that the prosecution failed to prove the required elements for the crime charged to their client. criminal act required state of mind

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

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

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.

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

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.

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.