B Unit A Criminal Law 02

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Objective 02.02 Criminal Law
BL02.02 PPT 1
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Opening Statements: Attorneys
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Take a pretest on the objective to measure
what you know or think you know about the
subject matter.
Discuss results with teacher.
Review PowerPoint presentation.
Ask questions and discuss issues regarding
topics on criminal law.
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Essential Questions
 What is crime?
 What are the possible punishments for a
crime?
 Who are the participants of a trial?
 What are the classifications of a crime?
 What are the elements of a crime?
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Crime
 An act against the public good
NOTE: Each statute that defines a
crime must specifically explain
the conduct that is forbidden by
that statute.
 No act can be considered a
crime unless it is prohibited
by the law of the place where
it is committed and unless the
law provides for the
punishment of offenders.
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4 Punishments for a Crime?
 Imprisonment
 Fine
 Probation
 Community Service
 Combination of the above
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Participants of a Trial
 Plaintiff? (2)
 Government
 Prosecutor
 Defendant (1)
 Person accused of the crime
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Classifying a Crime
 According to Seriousness
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What is the most serious?
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Felony
Imprisonment or death
What is less serious?
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Misdemeanor
Fine and/or probation
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Elements of a crime
 Criminal Act
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Must violate a statute
 Required state of mind
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Depends on crimes definition
 Motive is NOT required
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Assignment
 List 25 crimes
 Classify into crimes against people, property,
or business (White Collar)
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Types of Crimes
 Crimes Against People
 Social Crimes
 Crimes Against Property
 Business crimes (White Collar)
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Crimes Against People
 Murder
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Malice aforethought?
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1st degree—aggravated (premeditated, cruelty,
torture, rape, robbery, kidnapping)
2nd degree—non of the above conditions apply
 Manslaughter
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Voluntary?
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Intentional
Involuntary
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Occurs while committing an unlawful or reckless
act
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Crimes Against People-continued
 Assault - Attempt (pointing or shooting at someone)
 Aggravated (Usually felony)-using deadly weapon with
intent
 Simple (misdemeanor)
 Battery
 Hitting
 Kidnapping
 Unlawful removal against person’s will
 Sex offenses
 Statutory rape
 Date rape (acquaintance rape)
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Social Crimes
 Federal/State governments have the right to
regulate health, safety, welfare, and morals of
the people.
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Drug Use
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illegal and harmful substances
Addiction-inability to function normally
Alcohol Use
Domestic Violence
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Physical or mental abuse
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Crimes Against Property
 Assignment-define the terms:
 What is the difference between
 Burglary Larceny  Embezzlement  Robbery
Define the following term:
 Arson-
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Crimes Against Business
 Characteristics of “White Collar
Crimes”
Usually involve fraud
 Usually non-violent
Larceny by False Pretenses Intended to mislead or defraud
 Induce victim to rely on them
 Example: con artists
Forgery
 False making or changing of a writing
with intent to fraud.

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Crimes Against Business, continued
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Bribery
 Giving something of value to influence
Extortion
 Unjustly taking of money or thing of value
Computer Crimes
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Types of CrimesAssignment
Create a chart from the FBI website on the Number of Arrests by Age
and Sex for most recent data. Complete the branching classification
graphic (02.02 ACT 13) using the requested information:
Crimes
against people (show stats)
Crimes against property (show stats)
Business crimes – white collar crimes (show stats)
Write a one to two paragraph brief on your observations by ages, race,
comparing N.C. with another state, etc. Try to put yourself into the
environment of the state you choose before rationalizing and/or making a
decision.
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Essential Questions
 List and explain the defense used in criminal
cases.
 What happens after a person is convicted by
a jury?
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Defenses to a Crime
Insanity
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Must prove the M’Naughten Rule
“At the time of the crime, was the defendant
suffering from a mental disease so serious that he
or she did not know what they were doing was
wrong”
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If not guilty, what happens?
Must serve time in a mental institution until
determined to be stable.
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Defenses to a Crime, continued
Entrapment
 Induced into breaking the law by a law
enforcement officer
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Defenses to a Crime, continued
Self-Defense
 Defending yourself from danger
 Must retreat, if possible
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Defenses to a Crime, continued
Defense of Family Members
 Person has the right to rescue a family
member who is being attacked.
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Punishment
 Fines-payment of specified amount of money
as penalty for committing crime.
 Imprisonment –indefinite or indeterminate
sentences
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Mandatory Sentencing
What is the only thing a judge cannot do?
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Not allow you to see a family member.
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Punishment, continued
 Death Penalty
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Three (3) Phases
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Jury determines guilt or innocence
Pre-sentence Hearing (Judge/jury listens to
arguments, examines evidence)
Appeal to the Highest Court
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Computer Laws
 The National Information Infrastructure
Protection Act of 1996 was enacted as part of
Public Law 104-294.
 It amended the Computer Fraud and Abuse
Act of 1986.
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Computer Crimes
Illegally using hardware and software by misuse of
equipment, copying, and/or taking data from web sites
for personal use without prior permission.
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Research information regarding The Melissa virus.
 Provide details on who, what, when, where, why and
how.
 Discuss the three documents relating to this virus.
Piracy
Hacking
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Telecommunication Law or Cyber
Law
 Telecommunication law or Cyber law governs
the legal issues of cyberspace.
 These terms are not restricted to the Internet.
 The terms include:
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computers
computer networks
the Internet data software etc.
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Telecommunication Law/Cyber Law,
continued
 Cyber law encompasses laws relating to:
1. Electronic and Digital Signatures
2. Computer Crime
3. Intellectual Property
4. Data Protection and Privacy
5. Telecommunications Laws
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Assignment for the Attorneys
 You are hereby assigned the following
responsibilities:
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Write a narrative (1 page minimum)
summarizing what you learned from the unit
on Criminal Law and its impact on your life.
Take a posttest on the objective to measure
what you should know about the subject
matter.
Discuss results with teacher and prepare to
retest if the need occurs.
Court is dismissed!
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