Chapter 1What is Law?

What is Law? Jurisprudence, the study of law and legal

philosophy Every society has created laws Laws help to keep people from taking advantage

of each other

Laws and Values Not everything that is immoral is illegal We expect our legal system to:

1. protect basic human rights 2. promote fairness 3. help resolve conflicts 4. Promote order and stability 5. Promote desirable social and economic behavior 6. Represent the will of the majority 7. Protect the rights of minorities

Activity Case of the Shipwrecked sailors page 6

Home work Problem 1.3 page 8 due Tuesday 9/8

The Basics of Crime Criminal vs. Civil cases

Criminal cases - prosecuted by the state for injuring society

State seeks to punish To rehabilitate To incapacitate To Deter

Civil Cases - individuals sue one another for damages

Human Rights Right all people have just because they are

human beings

Kinds of Laws Criminal Laws

Felonies- term of more than one year in prison Misdemeanors – less than one year Prosecutors and defendant Beyond a reasonable doubt Innocent until proven guilty

Civil Laws Civil action is a lawsuit that can be brought by a

person who feels wronged Plaintiff Preponderance of the evidence

Criminal and Civil Law Civil Cases

Sources of Criminal Law 2 major sources – laws passed by

legislatures and common law Common law is judge-made, created by legal

precedents (court decisions) US law is based on English common law Most states and federal governments today have

written criminal codes to replace common law

Elements of a Crime Most crimes have 4 basic elements

1. Prohibited act (actus rues) an actual ACT must be performed ---Omission – failing to act

2. Criminal intent (mens rea) Guilty mind (see next slide) 3. Concurrence- the act and the intent –linking the act to

the intent 4. Causation – act causes harmful result

Criminal Intent Criminal Intent required for most crimes, falls into

one of 4 categories: 1. Specific intent- did it on purpose 2. General intent – the person knew the result would

happen or consciously disregarded the extreme likelihood 3. Criminal Negligence – unintentional act with an

extreme lack of care 4. Strict Liability –No mental state is needed anyone

doing the act is guilty regardless of intent (red light) Complete Did they commit Crimes? Page 13

Murder

Introduction to Criminal Law Almost all crimes require an act and a

guilty state of mind (done intentionally)

State of mind is different from MOTIVE Reason for performing the act

Some crimes are strict liability These crimes do not require a guilty state of

mind

Murder- the unlawful killing of a human being with malice aforethought

Malice aforethought – is the intent (mens rea) actual or implied intention to kill with no provocation by the victim Specific/Actual intent – consciously meant to

cause another's death Implied intent – intended to cause great bodily

harm or should have known that the act would result in death or great bodily harm

Degrees of Homicide 1st degree murder is a deliberate and

premeditated killing done with malice aforethought

2nd degree murder is killing done with malice aforethought, but without deliberation and premeditation

Felony murder is any killing done while a person is committing a felony (classified as 1st degree murder – robbery, rape, arson or burglary)

Murder cont. Voluntary manslaughter is intentional- killing

committed without malice aforethought Seriously provoked Act in the heat of anger Not have the opportunity to cool off

Involuntary manslaughter is an unintended killing that takes place during a crime that is a misdemeanor or cause by criminal negligence

Vehicular homicide – killings from automobile when the driver is criminally negligent

No Honor Among Thieves

Larceny –theft, taking without permission someone else’s property without intending to give it back 2 categories 1. grand theft stealing property worth over a certain

amount (usually $500) - Felony 2. Petty theft – worth less than the grand theft amount –

misdemeanor Burglary – unlawful entry into a building with the intent to

commit a crime (usually theft)

Cont. Robbery – crime against the person,

Forcible stealing through violence or threatening violence

Armed Robbery – using a dangerous weapon to take something from a person

Armed Robbery

Other Forms of Stealing Embezzlement – people take property they

have been entrusted with Fraud – knowingly misrepresenting a fact to get

property from another person Extortion – making a threat with intent of getting

property (blackmail) Receiving stolen property – accepting property

known to be stolen (or should have known) Homework page 109 work alone NOT in pairs

Hate Crimes Federal government and almost every state have

hate-crime laws A hate-crime is any crime committed against a

person or a person's property motivated because of the person's race, religion, nationality or ethnicity (gender, sexual orientation)

Experts disagree about whether hate-crimes are increasing or decreasing in the US

Bush nominates John Roberts to replace Chief Justice Rehnquist

Laws regulating hate crimes R.A.V. v. City of St. Paul (1992)

Supreme court stated that it was unconstitutional violating the 1st Amendment through law. To make it illegal to place a hate symbol on public or private land. Instead the other laws would be used to define the crime

.

Laws regulating hate crimes cont. Virginia v. Black (2003)

Cross burning is illegal “any such burning…shall be prima facie evidence of an intent to intimidate a person or group. This was upheld due to the intent to intimidate.” (but the court must prove that the burning was meant to intimidate) The 1st amendment does not protect threats or intimidation.

Laws regulating hate crimes cont. Wisconsin v. Mitchell (1993)

Adds extra penalties for any crime committed out of hate. Upheld because it only applied to crimes and judges often consider extenuating evidence against people in sentencing

Cybercrime International treaty against cybercrime was

established in 2001 Hacking – electronically breaking into or

disrupting computer systems Used to steal millions of dollars or cause millions

in damages “iloveYou” virus Even looking around is a crime White, Black and Gray hats ( Mixter)