1. Law Related Ch. 7-11
I. Crime
1. Something one does or fails to do in violation of a law.
2. Behavior for which the government has set a penalty.
a. It is the legislature’s job to decide what a crime is.
b. Goal try to protect the public based on what most people believe is right and necessary for the orderly conduct of society.

2. 3. Reasons behind crime in the U.S.
A. Poverty
B. Unemployment
C. Lack of education
D. Substance abuse
E. Inadequate police protection
F. Rising population
G. Lack of parental guidance
H. Breakdown in morals
I. Ineffective correctional system
J. Influence of television and movies

3. 4. Criminal Statistics
In the United States, crime rates are higher in urban areas than rural areas.
Youths between the ages of commit more violent crime.
Males commit four times more crime than women (although crime by women is on the rise).
The victims know the offender about 50% of the time.

4. 5. Victims of crimes:
Teens are the victims of over 50% of violent crime.
Except for rape and sexual assault, males are more likely to be victims than females.
People of lower income are more likely to be victims than people of higher incomes.
Members of minority groups are more likely to be victims of crime.

5. 6. Government expenditures for crime are over $1 billion each year. 7
6. Government expenditures for crime are over $1 billion each year. 7. Crimes require an act , accompanied by a guilty state of mind.
Guilty state of mind refers to intent – was it done intentionally, knowingly, or willingly
Intent is not the same as motive, which is the reason why the act was performed.
Crimes also have certain elements that must be met to meet the legal definition of the crime.
In most states , the attempt to commit a crime is a crime itself.

6. Cont’d
E. Strict liability offenses are crimes that do not require a guilty state of mind – the act itself is criminal, regardless of the knowledge or intent of the person committing the act. A good example is selling alcohol or tobacco to minors.
F. Many crimes can be a civil wrong as well.

7. II. Participants in crime:
The person who commits the crime is called the principal.
Someone who helps commit the crime is called an accomplice.
Someone who aids the principal of accomplice, either before or after the act, is called an accessory.

8. III. Crimes Against the People
Crimes against the person include homicide, assault, battery, and rape.
Each of these has various levels of the crime, taking into account the circumstance of each event.
Homicide is the killing of one person by another.
A. Murder is the most serious form of homicide. It is killing done with malice, which means having the intent to kill or seriously harm or acting in an extremely reckless manner which shows a lack of regard for human life.

9. Cont’d
B. First degree murder is a killing that is premeditated deliberate and done with malice.
C. Second degree murder is a killing done with malice, but done without premeditation or deliberation.
D. Voluntary manslaughter is a killing that would be murder, but it occurs after the victim has done something to the killer that would cause a reasonable person to lose self control or act rashly (must be more than words and there can’t be a “cooling off” period).
E. Involuntary man slaughter is an unintentional killing resulting from conduct so reckless that it causes extreme danger of death or bodily injury.

10. Cont’d
4. Assault is any attempt or threat to carry out a physical attack upon another person.
5. Battery is any unlawful physical contact inflicted by one person upon another without consent.
6. Rape has two types:
A. Forcible Rape is the act of unlawful sexual intercourse committed by a man with a woman by force and without her consent.

11. Cont’d
B. Statutory Rape is sexual intercourse committed by a man with a female who has not yet reached the legal age of consent. (varies from 11 to18 – average is 16)
C. Acquaintance or Date Rape is a sexual assault by someone known to the victim, such as a date or neighbor.
IV. Crimes against property:
1. Crimes against property includes crimes in which property is destroyed, stolen, or otherwise taken against the will of the owner.

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13. Crimes against property Cont’d
2. Arson is the willful and malicious burning of another person’s property.
3. Vandalism, also known as malicious mischief, is the willful destruction of, or damage to, the property of another.
4. Larceny is the unlawful taking and carrying away of the property of another with intent to steal it. Most states break it into:
A. Grand Larceny-item worth $500 or more - felony.
B. Petty Larceny - item worth less than $500 – misdemeanor.

14. Crimes against property Cont’d
5. Embezzlement is the unlawful taking of property by someone whom it was entrusted.
6. Robbery is the unlawful taking of property from a person’s immediate possession by force or intimidation.
7. Extortion is the use of threats to obtain the property of another. Extortion is also called blackmail.
8. Burglary is the unauthorized entry into any structure with the intent to commit a crime.

15. Crimes against property Cont’d
9. Forgery is a crime in which a person falsely makes or alters a writing or document with the intent to defraud .
10. Computer Crime has been defined broadly to include any violation of criminal law that involves the use of computer technology to commit the prohibited act.

16. V. Defenses
In a criminal case, the prosecution must prove beyond a reasonable doubt that the defendant committed the act in question with the required intent.
The defendant may present the evidence to show:
A. no crime was committed.
B. there was no criminal intent.

17. Defenses Cont’d
3. A defendant may offer an alibi, which is the evidence that they were somewhere else at the time the crime was committed.
4. The defendant may admit guilt that they committed a criminal act, but claim it was excusable or justified.
A. The law recognizes the right of a person unlawfully attacked to use reasonable force in self-defense.

18. Defenses Cont’d
B. The person must reasonably believe there is imminent danger of bodily harm and can only use a reasonable amount of force in self-defense.
5. The defendant may admit they committed a criminal act but is not criminally responsible for his or her actions.
A. Infancy: Children under the age (usually 7) are considered legally incapable of committing a crime (usually the matter is turned over to juvenile court)

19. Defenses Cont’d
B. Intoxication: Here, defendants claim that they were so intoxicated they didn’t know what they were doing.
C. Insanity: This defense says that people who have a mental disease or defect should not be convicted if they don’t know what they are doing or if they don’t know the difference between right and wrong.

20. Defenses Cont’d
D. Duress: Here a defendant claims that they did something as a result of coercion or a threat of immediate danger to life or personal safety (they lack the ability to exercise free will). Duress can’t be used as a defense to homicide.
E. Necessity: This defense says a person is compelled to react to a situation that is unavoidable in to order to protect life. Necessity can’t be used as a defense to homicide.

21. Suicide – the deliberate taking of one’s own life
Stalking – when a person repeatedly follows or harasses another person and makes threats, causing the victim to fear death or bodily injury
Shoplifting – the crime of taking items from a store without paying or intending to pay for them
Entrapment – an act by law enforcement officials to persuade a person to commit a crime that the person would not otherwise have committed.