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CRIMINAL LAW Crime and Punishment. The Basics of Criminal Law Regulates public conduct Sets out duties owed to society Legal action that can ONLY be brought.

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Presentation on theme: "CRIMINAL LAW Crime and Punishment. The Basics of Criminal Law Regulates public conduct Sets out duties owed to society Legal action that can ONLY be brought."— Presentation transcript:

1 CRIMINAL LAW Crime and Punishment

2 The Basics of Criminal Law Regulates public conduct Sets out duties owed to society Legal action that can ONLY be brought by the GOVERNMENT against a PERSON charged with committing a crime

3 Introduction to Criminal law Almost all crimes require 2 things… 1. an ACT 2. a GUILTY STATE OF MIND This means the act was done intentionally, knowingly, and willfully

4 Introduction to Criminal law Intent the mental state that a person commits a crime Motive reason for performing the act

5 Consequences/Punishments Death Imprisonment Fines Supervision Probation Community service Restitution = requiring criminals to pay back or compensate the victim

6 Classes of Crimes Felonies = very serious crimes accompanied by imprisonment for more than a year or death

7 Common Examples of Felonies Murder Robbery Arson aggravated assault/battery fraud Rape DUI drug possession (over a certain weight) Treason embezzlement

8 Classes of Crimes Misdemeanor = lesser criminal act accompanied by imprisonment for less than a year. Probation and community service common consequences.

9 Common Examples of Misdemeanors Minor theft Prostitution simple assault trespassing Vandalism public intoxication disorderly conduct

10 Who is involved in the criminal act? Principal = a person who commits a crime. Accomplice = someone who helps another commit a crime. Accessory before the fact = a person who orders the crime and helps the principal but is NOT present. Accessory after the fact = a person who, knowing a crime has been committed, helps the principal avoid capture and/or escape

11 Who is involved in the criminal act? Attempt = performs all the elements of a crime, but fails to achieve the criminal result Solicitation = crime of asking, commanding, urging or advising a person to commit a crime. Street Law pp. 104-105 Drowning Girl Problem 8.3

12 Conspiracy = an agreement between two or more persons to commit a crime. Crime of omission = failure to perform an act that the person is capable of completing. (paying taxes/hit and run)

13 Crimes against persons p.108 Homicide = the killing of one human being by another – MOST SERIOUS First degree murder = premeditated, deliberate and malicious. Second degree murder = NOT premeditated but with intent (malice). Felony murder = killing that takes place during a felony crime. (robbery, arson,etc)

14 Crimes against persons Voluntary manslaughter = unintentional killing under circumstances that lessen but do not excuse the crime. Involuntary manslaughter = killing caused by reckless conduct. No intent to kill at all. Negligent homicide = death through criminal negligence

15 Crimes against persons Vehicular Homicide = killing through criminal act of drunk driving, running from the police. Euthanasia = “mercy killing” putting someone to death painlessly.

16 Non-Criminal Homicide Non-criminal homicide - Justifiable or excusable, killer deemed faultless Examples : Killing of enemy soldiers during wartime, execution of condemned criminal, the killing by a police officer of a person committing a serious crime, self-defense, or in defense of another person Suicide p. 110

17 YOU BE THE JUDGE Street Law: p. 109 Read situations a-c Write down your responses

18 Assault and Battery Assault = any attempt or threat to carry out a physical attack Battery = any unlawful physical contact inflicted by one person upon another person without consent

19 Assault and Battery Rape = sexual intercourse without consent statutory rape = intercourse between an adult and a minor Acquaintance rape or date rape = sexual assault by someone known to the victim Common Examples: Date, friend, neighbor, boyfriend

20 Crimes against property Arson = willful and malicious burning of another person’s property. –Or burning of own property to get insurance money.

21 Vandalism = willful destruction or damage to property of another person

22 Crimes against property Larceny = unlawful taking and carrying away of the property of another with intent to steal it. –Grand Larceny = theft of $1000 or more –Petty Larceny = theft of $1000 or less

23 Crimes against property Embezzlement = unlawful taking of the property that was entrusted to the person. –“White collar crime” Robbery = unlawful taking of property from a person’s immediate possession by force or intimidation.

24 Crimes against property Burglary = unauthorized entry into a structure with intent to commit a crime. –Increased penalties for entry at night, weapon or person in the dwelling. Extortion = to obtain another’s property through threats physical or monetary. –Blackmail –Do not have to actually obtain to get convicted

25 Crimes against property Forgery = a person who falsely makes or alters a written document with intent to commit a fraud. –Computer crime, illegal copying of files. Uttering = offering a genuine document known to be fake. –Dealing in false identification (fake id)

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