The Basics of Crime

1. The Basics of Crime Read pages 10-11 Locate and write down the 2 sources of law. Define Common Law In your notes write down the definition/description of a Felony and a Misdemeanor from page 11. Read elements of a crime and complete the graphic organizer pg.11-12

2. Crime Source of Criminal law 1. Laws passed by legislatures 2. Common law or judge made, based on legal precedents- from previous court decisions.

3. Crime Felony: A crime offense punishable by death or by incarceration in a prison facility for at least one year. Misdemeanor: An offense punishable by incarceration, usually in a local confinement facility, for a period of which the upper limit is prescribed by statute in a give jurisdiction, typically two year or less.

4. Crime Offense: A violation of the criminal law. In some jurisdictions, a minor crime, such as truancy, a ticket-able offense. Infraction: A minor violation of state statute or local ordinance punishable by a fine or other penalty or by a specified, usually limited, term of incarceration. Jaywalking

5. Elements of a Crime Criminal Act Criminal Intent Concurrence of Act and Intent Causation Criminal Intent- 4 types Specific General Criminal Negligence Strict Liability

6. Elements of Crime: What must be proven • A prohibited act (Actus reus) • Criminal thought aren’t enough, you have to act on them • Criminal Intent (Mens rea, guilty mind) • Specific Intent (did it on purpose) • General Intent (disregard that it is likely to result in harm) • Criminal Negligence (unintentional, but extreme lack of care) • Strict Liability (guilty, whether you know it was illegal or not) • Concurrence of the act and the intent • Link between act and intent • Causation • Act must cause the harm

7. Criminal Intent Criminal Intent- 4 types Specific- Committed the Crime on purpose General- The person knew the action was wrong but had a disregard for the law Criminal Negligence- Person’s actions are unintentional but there is extreme lack of care Strict Liability- No mental state required- guilty regardless of intent- running a red light but didn’t see it- you are still guilty

8. Criminal Acts? Margaret tells the police that an officer who stopped her on the street was verbally abusive to her. She is lying. Sam sees a young boy struggling in a pond and calling for help. Sam does nothing and the boy drowns. Dick is married to Suzanne and Mary. Ruby promises to give Harry $1,000 if he graduates from college. He graduates, and she refuses to give him the money. Robert holds a toy pistol to Ashley’s head and demands all of her cash and jewelry. She believes it’s a real gun and hands over the goods.

9. Criminal Acts, Part 2 Pedro calls a local pizza parlor and orders five pizzas to be delivered to a phony address. Jane’s country is at war. She shoots and kills an enemy soldier. John lets his dog run wild around the neighborhood, even though he knows that the dog scares young children and constantly knocks over garbage cans looking for food.

10. Case 1: Tim Marcos and his friends, Tim and Jill, were having a beer together at their local bar. When Tim went to the jukebox to play more music, Marcos asked Jill to dance. Time became jealous and punched Marcos in the face. Tim has been charged with battery.

11. Case 2: Karen Karen told everyone that she hated Emily for stealing her boyfriend. Karen said she wanted to hurt Emily. Two months pass and Karen nudges a flowerpot off her second floor patio as Emily stands below. The flowerpot hits Emily and gives her a concussion. Karen swears that she forgot all about her threats and didn’t mean any harm. Karen is charged with battery.

12. Case 3: Ray Mr. Ray Anderson sat on his front porch cleaning his rifle. Many children were playing on the sidewalk in front of his home. When Anderson turned the gun over, it went off, killing one of the children in the crowd. He has been charged with involuntary manslaughter.

13. Case 4: Susan Susan was shopping in her favorite department store. She saw a sweater that she liked, stuffed it into her book bag and ran our of the store. A security guard caught her. Susan has been charged with shoplifting.

14. Case 5: Gayle Gayle shoots Mary in the big toe. Mary goes to the hospital to have her toe examined and treated. One week later, Mary dies of blood poisoning that she got from an unsterilized medical instrument. Gayle is charged with murder.

15. Answers Tim: All four elements are present. Karen: Act and Causation are present, but since she denies intent, it is up to a judge/jury to decide about intent and therefore causation. Ray: All present, but intent is less. Is it criminally negligent to clean a loaded gun pointed towards kids? Susan: All elements are present. Gayle: 3 of the 4 elements are obvious, but causation is a problem.

16. Crimes Chart Use pages 13 – 25 to complete the chart on the right Grand Theft, Petty Theft, Burglary, Robbery, Armed Robbery, embezzlement, fraud, extortion, receiving stolen property, hate crimes, cybercrimes

17. Additional Crime Definitions Assault- The immediate threat of attacking someone. Assault with a deadly weapon-The crime of attacking someone with a weapon that could cause fatal injuries. Aggravated Assault- Usually indicates assault with a deadly weapon but can be cause of grievous bodily harm such as rape or kidnapping. Battery- The illegal touching of another person, usually an attack. Rape- unlawful sexual intercourse or any other sexual penetration of the vagina, anus, or mouth of another person, with or without force, by a sex organ, other body part, or foreign object, without the consent of the victim.

18. Homework Find 2 state or federal laws you agree with You disagree with You must label if it is a federal or state law