what is a crime
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What is a CrimeTRANSCRIPT
PowerPoint PresentationWhat Is a Crime?
What Is a Crime?
What Is a Crime?
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)
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What Is a Crime?
How to explain the elements of a crime (p. 58)
How to define the various defenses to criminal liability (p. 59)
64.psd
What Is a Crime?
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.
582.psd
What Is a Crime?
What Is a Crime?
State Criminal Law
Federal Criminal Law
What Is a Crime?
What Is a Crime?
What Is a Crime?
Understanding Business and Personal Law
What Is a Crime?
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.
Understanding Business and Personal Law
What Is a Crime?
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.
Understanding Business and Personal Law
What Is a Crime?
Felonies
A felony is a major crime punishable by imprisonment or death. These include:
murder
manslaughter
burglary
robbery
arson
What Is a Crime?
Misdemeanors
A less serious crime with less sever penalty is a misdemeanor. These include:
driving without a license
leaving the scene of an automobile accident
Understanding Business and Personal Law
What Is a Crime?
Understanding Business and Personal Law
What Is a Crime?
Criminal Law in the
What Is a Crime?
State Criminal Law
Each state has inherent police power allowing it to make statutes to protect public:
health
safety
welfare
morals
What Is a Crime?
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.
Understanding Business and Personal Law
What Is a Crime?
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.
Understanding Business and Personal Law
What Is a Crime?
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)
Understanding Business and Personal Law
What Is a Crime?
What do you think are the elements of a crime?
Understanding Business and Personal Law
What Is a Crime?
the criminal act
What Is a Crime?
A criminal act must also involve voluntary conduct.
Criminal Act
What Is a Crime?
Section 3.1
Criminal Law
The definition of a crime can be changed based on the criminal’s state of mind.
Required State of Mind
Murder is the intentional taking of a person’s life.
Involuntary manslaughter outlaws the accidental taking of a person’s life.
Understanding Business and Personal Law
What Is a Crime?
Motive
What Is a Crime?
Understanding Business and Personal Law
What Is a Crime?
Defenses to Crimes
Defense attorneys try to show that the prosecution failed to prove the required elements for the crime charged to their client.
Understanding Business and Personal Law
What Is a Crime?
What Is a Crime?
Insanity
American law recognizes that people cannot be held responsible for their actions if they do not know what they are doing.
Understanding Business and Personal Law
What Is a Crime?
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.
Understanding Business and Personal Law
What Is a Crime?
Entrapment
If a law enforcement officer induces a law-abiding citizen to commit a crime, the person can use a defense known as entrapment.
Understanding Business and Personal Law
What Is a Crime?
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.
Understanding Business and Personal Law
What Is a Crime?
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.
Understanding Business and Personal Law
What Is a Crime?
694.psd
What Is a Crime?
What Is a Crime?
What determines the difference between a felony and a misdemeanor?
Section 3.1 Assessment
What Is a Crime?
Reviewing What You Learned
Felonies are more serious than misdemeanors and are distinguished by longer, more severe penalties.
Section 3.1 Assessment
What Is a Crime?
Section 3.1 Assessment
What Is a Crime?
Reviewing What You Learned
State governments have inherent police power. It can make statutes to protect the public.
Section 3.1 Assessment
What Is a Crime?
Reviewing What You Learned
The federal government has no police power and can create criminal statutes only in those areas over which it has jurisdiction.
Section 3.1 Assessment
What Is a Crime?
Section 3.1 Assessment
What Is a Crime?
Section 3.1 Assessment
What Is a Crime?
Section 3.1 Assessment
What Is a Crime?
Section 3.1 Assessment
What Is a Crime?
Legal Defenses
Why is it crucial to understand the different defenses to criminal liability?
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What Is a Crime?
Section 3.1 Assessment
In order to properly represent his or her client, an attorney must have a proper understanding of the different defenses to criminal liability.
Critical Thinking Activity Answer
What Is a Crime?
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.
707.psd
What Is a Crime?
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.
708.psd
What Is a Crime?
Section 3.1 Assessment
Columns will vary but should recognize that the criminally insane do not automatically go free, but are committed to institutions for psychiatric help.
Legal Skills in Action Answer
The Insanity Defense
What Is a Crime?
End of Section 3.1
What Is a Crime?
What Is a Crime?
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)
21.psd
What Is a Crime?
How to explain the elements of a crime (p. 58)
How to define the various defenses to criminal liability (p. 59)
64.psd
What Is a Crime?
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.
582.psd
What Is a Crime?
What Is a Crime?
State Criminal Law
Federal Criminal Law
What Is a Crime?
What Is a Crime?
What Is a Crime?
Understanding Business and Personal Law
What Is a Crime?
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.
Understanding Business and Personal Law
What Is a Crime?
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.
Understanding Business and Personal Law
What Is a Crime?
Felonies
A felony is a major crime punishable by imprisonment or death. These include:
murder
manslaughter
burglary
robbery
arson
What Is a Crime?
Misdemeanors
A less serious crime with less sever penalty is a misdemeanor. These include:
driving without a license
leaving the scene of an automobile accident
Understanding Business and Personal Law
What Is a Crime?
Understanding Business and Personal Law
What Is a Crime?
Criminal Law in the
What Is a Crime?
State Criminal Law
Each state has inherent police power allowing it to make statutes to protect public:
health
safety
welfare
morals
What Is a Crime?
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.
Understanding Business and Personal Law
What Is a Crime?
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.
Understanding Business and Personal Law
What Is a Crime?
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)
Understanding Business and Personal Law
What Is a Crime?
What do you think are the elements of a crime?
Understanding Business and Personal Law
What Is a Crime?
the criminal act
What Is a Crime?
A criminal act must also involve voluntary conduct.
Criminal Act
What Is a Crime?
Section 3.1
Criminal Law
The definition of a crime can be changed based on the criminal’s state of mind.
Required State of Mind
Murder is the intentional taking of a person’s life.
Involuntary manslaughter outlaws the accidental taking of a person’s life.
Understanding Business and Personal Law
What Is a Crime?
Motive
What Is a Crime?
Understanding Business and Personal Law
What Is a Crime?
Defenses to Crimes
Defense attorneys try to show that the prosecution failed to prove the required elements for the crime charged to their client.
Understanding Business and Personal Law
What Is a Crime?
What Is a Crime?
Insanity
American law recognizes that people cannot be held responsible for their actions if they do not know what they are doing.
Understanding Business and Personal Law
What Is a Crime?
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.
Understanding Business and Personal Law
What Is a Crime?
Entrapment
If a law enforcement officer induces a law-abiding citizen to commit a crime, the person can use a defense known as entrapment.
Understanding Business and Personal Law
What Is a Crime?
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.
Understanding Business and Personal Law
What Is a Crime?
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.
Understanding Business and Personal Law
What Is a Crime?
694.psd
What Is a Crime?
What Is a Crime?
What determines the difference between a felony and a misdemeanor?
Section 3.1 Assessment
What Is a Crime?
Reviewing What You Learned
Felonies are more serious than misdemeanors and are distinguished by longer, more severe penalties.
Section 3.1 Assessment
What Is a Crime?
Section 3.1 Assessment
What Is a Crime?
Reviewing What You Learned
State governments have inherent police power. It can make statutes to protect the public.
Section 3.1 Assessment
What Is a Crime?
Reviewing What You Learned
The federal government has no police power and can create criminal statutes only in those areas over which it has jurisdiction.
Section 3.1 Assessment
What Is a Crime?
Section 3.1 Assessment
What Is a Crime?
Section 3.1 Assessment
What Is a Crime?
Section 3.1 Assessment
What Is a Crime?
Section 3.1 Assessment
What Is a Crime?
Legal Defenses
Why is it crucial to understand the different defenses to criminal liability?
705.psd
What Is a Crime?
Section 3.1 Assessment
In order to properly represent his or her client, an attorney must have a proper understanding of the different defenses to criminal liability.
Critical Thinking Activity Answer
What Is a Crime?
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.
707.psd
What Is a Crime?
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.
708.psd
What Is a Crime?
Section 3.1 Assessment
Columns will vary but should recognize that the criminally insane do not automatically go free, but are committed to institutions for psychiatric help.
Legal Skills in Action Answer
The Insanity Defense
What Is a Crime?
End of Section 3.1