Crime An act the government forbids and can punish.

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Presentation transcript:

Crime An act the government forbids and can punish

Classification of Crimes Misdemeanor- any crime that the maximum penalty is less than one year Felony- any crime that the punishment is one year or longer or death Minor Crimes- An example would be a traffic violation- usually monetary penalty

Elements of a Crime Criminal Act: Does something that violates a criminal law – It is not a crime to think a bad thought Criminal Intent: Something done intentionally; your action is a crime only if you meant to do what you did – Should not punish people who do things accidentally (think of examples that go against this) – The law is meant to punish people who do things on purpose OR recklessly – who determines this?

Strict Liability “The act itself is criminal, regardless of the knowledge or intent of the person committing the crime” – Example: A friend has an ipod touch that you take by mistake but never return it.

Parties to a Crime Principle: Person who commits the crime Accomplice: Person who helps principle commit the crime – Examples: Look Out Drive the getaway car Help plan the crime Supply equipment for a crime

Different Types of Crimes Crime of Omission – When a person fails to perform an act required by criminal law. (example – paying taxes) Solicitation – When a person asks, commands, urges or advises another person to commit a crime. Criminal Attempt Conspiracy- “an agreement between two or more persons to commit a crime.”

Crimes Against People Criminal Homicide: Killing done with Malice – intent to kill or seriously harm

Degrees of Murder Charges First-degree Murder: Killing is premeditated, deliberate and done with malice Felony Murder: Any murder committed during another crime – Examples-arson, rape, robbery Second Degree Murder: Killing done with malice but not premeditated

Degrees of Murder Charges Voluntary Manslaughter: A killing where the victim has done something to the murder that would cause a reasonable person to lose self-control or act rashly – Example- a women catches her husband in the act of cheating on her and the women kills him Involuntary Manslaughter: An unintentional killing resulting from reckless actions – Example? Negligence

Other Crimes against People Assault – attempt or threat to harm Battery – attacking someone without cause Stalking Rape – Statutory Rape- sex between a male and female who has not yet researched the age of consent. – Acquaintance Rape (date rape) – sexual assault by someone known by the victim

Think:Pair:Share- Problem 9.1 Decide on your own first, then share and discuss your response with a partner. Walt decides to shoot Yolanda, whom he blames for all his troubles. As he is driving to her home to carry out the murder, Walt hits a jogger who has darted out from behind a tree. Stopping immediately, he rushes to help the jogger, who is already dead. Walt is upset until he discovers that the dead jogger is Yolanda! – Assuming Walt was driving at a safe speed and the collision was unavoidable, is he guilty of murder? Explain.

Think:Pair:Share- Problem 9.2 Decide on your own first, then share and discuss your response with a partner. Belva is cheated when she buys a car from Fast Eddie’s Car Mart. She attempts to return the car, but Eddie just laughs and tells her to go away. Every time Belva has to make a repair on the car, she gets angry. Finally, she decides to wreck Eddie’s car to get even. Following Eddie home from work one evening, Belva tries to ram his car, hoping to bend the axle or frame. Instead of bending the frame, the collision smashes Eddie’s gas tank, causes an explosion, and kills Eddie! – Is Belva guilty of any degree of homicide? If so, which degree and for what reason? – What was Belva’s motive in acting as she did? Should the motive be considered at any stage in the criminal justice process? Why or why not?

Crimes Against Property Define the following terms with the handout given. Also complete problems 10.4 & 10.5 on a separate piece of paper. Arson Vandalism Robbery Embezzlement Larceny Extortion Burglary Forgery Retrieving Stolen Property Unauthorized use of a vehicle Hacking