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Chapter 2 – Criminal Law

Chapter 2 – Criminal Law. A body of laws that deal with crime and the punishment of criminal offenses. What is a Crime? . An offense committed against the public good or against society. Defendant – person accused of a crime. Plaintiff – the party that accuses a person of a crime.

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Chapter 2 – Criminal Law

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  1. Chapter 2 – Criminal Law

    A body of laws that deal with crime and the punishment of criminal offenses.
  2. What is a Crime? An offense committed against the public good or against society. Defendant – person accused of a crime. Plaintiff – the party that accuses a person of a crime. Prosecutor – The government official (s) who brings the case against the defendant.
  3. Major Types of Crime – Petty & Serious Felony – a major crime – Punished by a fine, by imprisonment, or both. Murder Robbery Rape Kidnapping Fraud Misdemeanor – a less serious crime – Punished by a fine, jail time, or both. Driving without a license Petty theft Simple assault Disorderly conduct Trespass Infraction – A minor offense that is usually punishable with a fine and no jail time. Jaywalking Littering Disturbing the peace
  4. 2 Elements of a Crime Criminal Act A criminal act must be voluntary; it cannot be a person’s condition. Criminal laws must describe the specific conduct that is forbidden or expected by the law. Did the person commit a criminal act? Law can indicate conduct that is expected (paying taxes). Law can describe conduct that is forbidden (murder). Required State of Mind In criminal law, mensrea - the guilty mind – is one of the necessary elements of a crime. 4 possible states of mind recognized by law: Intent Negligence Recklessness Transferred Malice
  5. Intent The design or purpose to commit a wrongful or criminal act
  6. Negligence A jury must decide if the defendant has gone below the standards to be expected of the reasonable person. The defendant must have failed to exercise such care, skill or foresight as a reasonable person in the same situation would exercise.
  7. Recklessness Recklessness involves foreseeing the kind of harm that occurred and going ahead anyway.
  8. Transferred Malice Transferred malice occurs when the intention to harm one individual inadvertently causes a second person to be hurt instead.
  9. What are main reasons for pleading not guilty in a criminal case? Insanity Defense Entrapment Self-Defense Defense of Family Members
  10. 4 Main Defenses to a Crime Insanity U.S. Law says that people cannot be held responsible for their actions if they did not know what they are doing. Entrapment A person was talked into or tricked by a police officer into committing a crime that he or she otherwise would not have committed. Self-Defense When people believe they are in danger of being hurt or killed. They may use force to protect themselves. Defense of Family Members Someone believes a family member is in danger of being hurt or killed.
  11. CATEGORIES OF CRIMES Crimes against People Crimes against Property Crimes against the Government Crimes involving Business Crimes against Society Motor Vehicle Violations
  12. CRIMES AGAINST PEOPLE Murder Manslaughter Assault and Battery Kidnapping Sex Offenses Domestic Violence
  13. CRIMES AGAINST PROPERTY Burglary Robbery Larceny Arson Vandalism
  14. CRIMES INVOLVING BUSINESS Embezzlement Shoplifting Fraud Money Laundering Arson Forgery
  15. CRIMES INVOLVING THE GOVERNMENT Treason Perjury Obstruction of Justice Contempt of Court Bribery
  16. CRIMES AGAINST SOCIETY Disorderly conduct Rioting
  17. MOTOR VEHICLE VIOLATIONS Not obeying traffic laws Speeding Driving without a license Reckless driving Drag racing Joyriding Taking a vehicle without owner’s consent Texting while driving Driving without a seatbelt
  18. Wrap-up of Criminal Law System in the U.S. Chain of events (legal documents) when a person is charged with a crime Police Report - The police will request that you visit the police station so that you can be interviewed and an official police report can be prepared. This starts the process. Brief - A brief is a legal document prepared by a party to the Court. It contains information on the facts of the case, the legal issues to be decided, the law the Court should apply, and the decision the party desires the Court to reach. Indictment - A formal accusation that a person has committed a criminal offense Court Docket - The official schedule of proceedings in lawsuits pending in a court of law.
  19. Class Activity: Research the penalty for at least 1 of the crimes that we have just covered. You may select a crime from any classification and any type. You may use Vermont Law or research the law in another state. Rest of instructions are posted in Moodle.
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