What is Criminal Law?

AGENDAMarch 11, 2013

Today’s topics Taking care of each other Introduction to Criminal Law

State of mind vs. Motive Elements of a crime Classes of crimes Parties to crimes Preliminary crimes

Homework Chapter 9: Read + Glossary terms

Take Care of Each Other

Most crimesrequire two things…

What are they?

State of Mind vs. MotiveState of Mind (Mens Rea) = intentMotive = the “why” or the reason a person

commits a crime

1 2 3 4 5A

pedestrian struck by a

car is injured

An elbow to the face results in a lost tooth

A house burns down

A Street Law

textbook is missing

A person does not show up for jury

duty

State of Mind vs. Motive 1. A guilty state of mind generally does not include acts done ___.

a. intentionally b. knowingly c. willfully d. carelessly

2. Which of the following includes an example of a motive?

a. Susan knowingly threw a lit cigarette out the car window. b. Cecil took the meat because he was hungry. c. Nate willfully drove 100 miles per hour. d. Tora intentionally walked out of the store without paying

for her items.

Elements of a Crime• 164.215 Burglary in

the second degree…a person commits the crime of burglary in the second degree if the person enters or remains unlawfully in a building with intent to commit a crime therein.

What are the elements?1. the person enters or

remains2. unlawfully 3. in a building 4. with intent to commit a

crime therein.

• Is there a mental state?

• What is the act that needs to occur?

Elements of a Crime

164.245 Criminal trespass in the second degree. A person commits the crime of criminal trespass in the second degree if the person enters or remains unlawfully in a motor vehicle or in or upon premises

What are the elements?1.the person enters or

remains2.unlawfully 3. in motor vehicle or in

or upon premises

• Is there a mental state?

Elements of a Crime

Mock Trial: Murder is the unlawful killing of a human being with malice aforethought.

What are the elements?1. unlawful killing2. of a human being3. with malice

aforethought

• Is there a mental state?

• What is the act that needs to occur?

Classes of CrimesState vs. Federal crimesoWhat is “double jeopardy”?

Felonyvs.

Misdemeanor

Parties to a CrimeProblem 8.2 -- Create chart in your notebook:

Work with your group to complete the chart

Character Involvement / Actions Which party?JebMarciCarlShawnDavid

Preliminary CrimesProblem 8.3:

Work with your group to answer questions A-D in your Portfolio

Homework

Before you leave Pick up your belongings &

any trash Straighten desks

Homework Chapter 9: Read + Glossary terms