Chapter Fourteen Criminal Practice: Criminal Law and Juvenile Law.

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Chapter Fourteen Criminal Practice: Criminal Law and Juvenile Law

Introduction to Law, 4 th Edition Hames and Ekern © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 2 Purposes of Criminal Law Deterrence Rehabilitation Incapacitation Retribution

Introduction to Law, 4 th Edition Hames and Ekern © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 3 Elements of a Crime Mens Rea: the mental element of a crime; sometimes called the “guilty mind” a purposeful act a knowing act a reckless act a negligent act The Prosecution must prove mens rea.

Introduction to Law, 4 th Edition Hames and Ekern © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 4 Elements of a Crime (cont.) Actus Reus: The physical element of a crime; the guilty act or the physical aspect of the crime. In most cases, an act is a volitional physical act. This action must be voluntary.

Introduction to Law, 4 th Edition Hames and Ekern © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 5 Crime:Homicide Homicide: the taking of the life a human being by another First Degree Murder Manslaughter Second Degree Murder

Introduction to Law, 4 th Edition Hames and Ekern © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 6 Elements of Battery 1. a reckless or intentional touching 2. of another person 3. that is harmful or offensive

Introduction to Law, 4 th Edition Hames and Ekern © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 7 Prosecution of Juvenile Offenders Juvenile Court Petition Detention hearing Jurisdictional hearing Dispositional hearing Criminal Court Charges / Complaint Arraignment Trial Sentencing

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