1. CRIMINAL LAW
Chapter 2

2. Crimes & Criminal Justice
Section 1

3. Crimes An offense committed against the public or society
Punishment one or a combination of:
Fine
Probation
Community service
Jail/Prison
Death
The innocent is protected from unjust accusations/imprisonment by the Constitution

4. ___________________ VS. ___________________
Criminal Court
___________________ VS. ___________________
Defendant Accused of Crime
Plaintiff
Accuses defendant of crime
Prosecutor
government official who brings the case against the defendant (District Attorney)
Represents the people or public

5. Classification of Crimes
Felony
Misdemeanor
Major Crime
Murder, Robbery, Rape, Arson,
Fine, Prison, Death
Liable for civil suit
Ex: Rape victim
Less Serious Crime
Driving without license, Trespass, Petty Theft
Fine, Jail, Probation, Community Service
Jail-time can be days up to 1 year

6. Classification of Crimes cont.
Infractions
Minor offense punishable with a fine (no jail time)
Violations of city ordinance, traffic laws, littering, disturbing the peace
Fine, fixing the situation (vandalism)

7. The Legal System Federal Criminal Law
Usually involves commerce or crimes across state lines
Commerce Clause- allows the fed create its own police force
FBI
Typically cannot make criminal law unless it involves the federal gov
Ex: Counterfeit money

8. The Legal System State Criminal Law
The power to make criminal laws is called state’s police power
State laws are similar, but vary in terminology
Ex: Robbery vs. Stealing

9. Elements of Crime Criminal Act State of Mind The Law must be specific
Ex: definition of Theft vs. Robbery
Must be voluntary
Intent or negligence
Motive is not needed to prove a crime, only helps explain why

10. Using terms learned in class today, explain the required state of mind for the following acts:
Murder
Involuntary manslaughter
Law Question

11. Defenses to Crimes Insanity
Cannot be held responsible for their actions if they do not know what they are doing.
Guilty must go to a mental institution; only released if found sane

12. Testing Insanity
M’Naghten Rule: Defendant does not know right from wrong when committing the crime
Irresistible impulse: Defendant is unstoppable when committing a crime
ALI: Defendant lacks capacity to understand the crime
(American Law Institute)

13. Defenses to Crimes cont.
Entrapment
A police officer talks into or tricks the defendant into committing a crime

14. Defenses to Crimes cont.
Self-Defense
Use force to protect oneself when faced with danger of being hurt or killed
Cannot use if:
Started the confrontation
Continued to use force

15. Defenses to Crimes cont.
Defense of Family
Use force to protect a family member when faced with danger of being hurt or killed
Cannot use if:
Crime occurs after the threat

16. Types of Crimes
Section 2

17. Crimes against People Murder: intentional killing
First Degree = possible death penalty
Make a detailed plan
Vicious
Committing another crime
Second Degree
None of the above conditions
Manslaughter: killing without intent
Voluntary or Involuntary

18. Crimes against People Battery: unlawful touching of another person
Forceful use of hand, weapon, or instrument
Assault: Attempt to commit battery
Simple Battery and Simple Assault = misdemeanor
Aggravated Assault and Aggravated Battery = felony
Must be committed with a deadly weapon or with the intent to commit murder, rape, robbery

19. Crimes against People Kidnapping Sex Offenses Domestic Violence
Statutory rape- rape of a minor, with or without force
Date rape- sexual assault by a friend or a date
A minor can be prosecuted for having sex with another minor
Domestic Violence
Reckless form of physical or mental harm
Protects from neglect, mental abuse, physical abuse

20. Crimes against Property
Burglary
Breaking and entering into a house
Larceny(theft)
Unlawful taking of someone’s personal property with the intent to keep the property away from that person
Petty larceny, Grand larceny

21. Crimes against Property
Robbery
Taking of someone’s property by threatening or using violence
Vandalism
Willful or malicious damage to property
Anyone who supports the damage can be charged

22. Crimes involving Business
“White collar crimes”
Embezzlement
Taking property by someone entrusted with control
Writing checks, withdraw funds
Shoplifting
Hiding merchandise before leaving a store
Fraud
Deception to obtain money or property
USPS- mail fraud; Phone/ - wire fraud

23. Crimes involving Business
Money Laundering
Hiding money
Arson
Willful burning of a building
Forgery
False signature on a document with the intent to deceive someone and deprive them of property.

24. Crimes against the Government
Treason
Waging war against the US.
Giving aid to enemies
Perjury
lying under oath
Obstruction of Justice
hinders the ability of the court to move forward
Contempt of Court
ignores a court order, show disrespect to court
Bribery
Giving money/property to a public official

25. Crimes against Society
All criminal law statutes involve offenses against society
Disorderly Conduct and Rioting
Threatens to disrupt the social order, imperil public safety, jeopardize the health of public
Rioting

26. Motor Vehicle Violations
Traffic tickets
Drag racing
Joyriding

27. Choose 2 new terms/vocab words from today and use those words in one or two sentences pertaining to law.
Law Question

28. Choose a topic or key word from today’s lesson and discuss how it could be used in the real world.
Law Question