Chapter 3 Section 1 What is a Crime?

What Is a Crime? An act against the public good The state or federal government represents the public good as the plaintiff Prosecutor-The government attorney Defendant-the person accused

Classifications of Crimes Felony –Major crime punishable by imprisonment or death –Murder, manslaughter, burglary, robbery, and arson are felonies. Misdemeanors –Less serious crime penalized by a fine or jail

Criminal Law State Criminal Law –Police power to make statutes to protect the public health, safety, welfare, and morals Federal Criminal Law –Instead of police power, FBI and DEA –Only able to create criminal statutes only in areas that it has jurisdiction Example: Counterfeiting

Crimes Outlined In Constitution Treason-a confession or testimony of two witnesses is needed to convict Double Jeopardy-The 5 th amendment says no one can be tried twice for the same crime. –Can be tried twice for the same crime in two different courts

Elements of a Crime Criminal Act –Cannot be accused of a crime if it is based on one’s physical or mental status Required State of Mind –Crime changes according to the state of mind of the criminal (murder- intent/manslaughter- accidental Motive –Plays no part in proving criminal liability

Crime and Punishment Imagine you are on a jury that finds two men guilty of murder. One of the men has a mental impairment. Is it fair that both men be sentenced to death? Lawyers for criminals with mental impairments do not believe that their clients should get the death penalty. They argue that it is cruel and unusual punishment to execute individuals who are mentally impaired.

Defenses to Crimes Insanity –They did not know what they were doing –Committed to institutions –Two tests of insanity The oldest… p60. Entrapment –The crime would not have been committed without the involvement of the officer

Defenses to Crimes Cont. Self- Defense –Reason to believe they are in serious danger –Must have tried to retreat before resorting to force if not occurring at home Defense of a Family Member –A family member was in serious danger

Defenses in Action Jamal was returning from walking his dog, when he discovered a 13-year-old boy stealing an MP3 player. Jamal unleashed and commanded his dog to attack the boy. The boy was seriously injured by the dog. Can Jamal claim self-defense? Why or why not?

Defining a Crime Think of a crime. Come up with the specific details of the crime. Groups of 3 or 4. You should include: –Who –What –Where –When –Why it happened MurderManslaughterRobbery Hit and runPurchase of alcoholArson LicenseAssaultMotor vehicle theft

Requirements: Felony or misdemeanor Define the elements of the crime –Criminal act –Required state of mind People, property or business You may act this out and discuss or just present to the class