Section 3.1

1. Section 3.1

2. Chapter Criminal Law 3 Section 3.1 What Is a Crime? Section 3.2 Particular Crimes

3. What You’ll Learn • How to tell the difference between serious and less serious crimes (p. 56) • How to explain the difference between state and federal law (pp. 56 & 57)

4. What You’ll Learn • How to explain the elements of a crime (p. 58) • How to define the various defenses to criminal liability (p. 59)

5. Why It’s Important Learning the essence of criminal law, the types of crimes that can be committed, and the nature of criminal defense will help you understand our criminal justice system.

6. Legal Terms • crime (p. 56) • plaintiff (p. 56) • prosecutor (p. 56) • defendant (p. 56) • felony (p. 56) • misdemeanor (p. 56)

7. Section Outline Classifications of Crimes Felonies Misdemeanors Criminal Law in the American System State Criminal Law Federal Criminal Law

8. Section Outline Elements of a Crime • Criminal Act – actus reus = guilty act • Required State of Mind – mens rea = guilty mind • Concurrence – both occurring Motive – although plays no part in proving criminal liability.

9. Section Outline Defenses to Crimes Insanity Entrapment Self-Defense Defense of Family Members

10. Pre-Learning Question How do you think crimes are classified?

11. Classifications of Crimes • Crime is considered an act against the public good. • The defendant is the person accused of a crime. • The prosecutor is the government attorney who presents the case in court against the defendant.

12. Classifications of Crimes • The plaintiff is the party that accuses a person of a crime. • In criminal proceedings, the state or federal government, representing the public at large, is the plaintiff.

13. Felonies A felony is a major crime punishable by imprisonment or death. These include: • Murder • Manslaughter • Burglary • Robbery • Arson

14. Misdemeanors A less serious crime with less sever penalty is a misdemeanor. These include: • Driving without a license • Lying about one’s age to purchase alcohol • Leaving the scene of an automobile accident

15. Pre-Learning Question How is the American legal system organized?

16. Criminal Law in the American System The American legal system consists of two systems: • The state system, and • The federal system.

17. State Criminal Law Each state has inherent police power allowing it to make statutes to protect public: • Health • Safety • Welfare • Morals

18. Federal Criminal Law • The federal government has no police power. • It can create criminal statutes only in areas over which it has jurisdiction, such as counterfeiting, because it has the power to coin money.

19. Federal Criminal Law • Because of the Commerce Clause of the U.S. Constitution, the federal government has the power to regulate commerce among the states. • As a result, federal criminal law must involve some sort of interstate activity.

20. Federal Criminal Law Today, the federal government does have a criminal code and several police agencies, including: • The Federal Bureau of Investigation (FBI) • The Drug Enforcement Agency (DEA)

21. Pre-Learning Question What do you think are the elements of a crime?

22. Elements of a Crime A crime is defined by two elements: • The criminal act, and • The required state of mind.

23. Criminal Act • Most criminal statutes specifically explain conduct that is forbidden. • A criminal act must also involve voluntary conduct.

24. Required State of Mind The definition of a crime can be changed based on the criminal’s state of mind. • Murder is the intentional taking of a person’s life. • Involuntary manslaughter outlaws the accidental taking of a person’s life.

25. Motive Motive plays no part in proving criminal liability.

26. Pre-Learning Question What do you think are defenses to a crime?

27. Defenses to Crimes Defense attorneys try to show that the prosecution failed to prove the required elements for the crime charged to their client.

28. Defenses to Crimes Common defenses are: • Insanity • Entrapment • Self-defense • Defense of family members

29. Insanity American law recognizes that people cannot be held responsible for their actions if they do not know what they are doing.

30. Insanity About two-fifths of the U.S. use the M’Naghten Rule and the other three-fifths use the American Law Institute (ALI) test to determine insanity.

31. Entrapment If a law enforcement officer induces a law-abiding citizen to commit a crime, the person can use a defense known as entrapment.

32. Self-Defense When people have good reason to believe they are in danger of serious injury or death, they can use force to protect themselves. This is defense is known as self-defense.

33. Defense of Family Members Using force to rescue a family member from attack is another defense. As with self-defense, the rescuer must have good reason to believe the victim was in danger of severe bodily harm or death.

34. What part does motive play in proving criminal liability?

35. ANSWER None.

36. Section 3.1Assessment Reviewing What You Learned • What determines the difference between a felony and a misdemeanor?

37. Section 3.1Assessment Reviewing What You Learned Answer Felonies are more serious than misdemeanors and are distinguished by longer, more severe penalties.

38. Section 3.1Assessment Reviewing What You Learned • How do state and federal criminal law differ?

39. Section 3.1Assessment Reviewing What You Learned Answer State governments have inherent police power. It can make statutes to protect the public.

40. Section 3.1Assessment Reviewing What You Learned Answer The federal government has no police power and can create criminal statutes only in those areas over which it has jurisdiction.

41. Section 3.1Assessment Reviewing What You Learned • What are the elements of a crime?

42. Section 3.1Assessment Reviewing What You Learned Answer The criminal act and the required state of mind.

43. Section 3.1Assessment Reviewing What You Learned • What are the major criminal defenses?

44. Section 3.1Assessment Reviewing What You Learned Answer Insanity, entrapment, self-defense, and defense of family members.

45. Section 3.1Assessment Critical Thinking Activity Legal Defenses Why is it crucial to understand the different defenses to criminal liability?

46. Section 3.1Assessment Critical Thinking Activity Answer Legal Defenses In order to properly represent his or her client, an attorney must have a proper understanding of the different defenses to criminal liability.

47. Section 3.1Assessment Legal Skills in Action The Insanity Defense Many people have misconceptions about the insanity defense in the American legal system. They often see it as a way for criminals to go free without serving time for their offenses.

48. Section 3.1Assessment Legal Skills in Action The Insanity Defense Imagine that you are a legal columnist for a newsletter for people who support civil liberties. Write a column in which you defend the insanity defense as a necessary part of the American legal system.

49. Section 3.1Assessment Legal Skills in Action Answer The Insanity Defense Columns will vary, but should recognize that the criminally insane do not automatically go free, but are committed to institutions for psychiatric help.

50. End of Section 3.1