Chapter 1
What is Law?
What is Law?
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Jurisprudence, the study of law and legal
philosophy
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Every society has created laws
Laws help to keep people from taking advantage
of each other
Laws and Values
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Not everything that is immoral is illegal
We expect our legal system to:
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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
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Activity Case of the Shipwrecked sailors page 6
Home work
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Problem 1.3 page 8 due Tuesday 9/8
The Basics of Crime
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Criminal vs. Civil cases
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Criminal cases - prosecuted by the state for
injuring society
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State seeks to punish
To rehabilitate
To incapacitate
To Deter
Civil Cases - individuals sue one another for
damages
Human Rights
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Right all people have just because they are
human beings
Kinds of Laws
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Criminal Laws
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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
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Civil Laws
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Civil action is a lawsuit that can be brought by a
person who feels wronged
Plaintiff
Preponderance of the evidence
Criminal and Civil Law
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Civil Cases
Sources of Criminal Law
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2 major sources – laws passed by
legislatures and common law
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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
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Most crimes have 4 basic elements
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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
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Criminal Intent required for most crimes, falls into
one of 4 categories:
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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
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Almost all crimes require an act and a
guilty state of mind (done intentionally)
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State of mind is different from MOTIVE
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Reason for performing the act
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Some crimes are strict liability
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These crimes do not require a guilty state of
mind
Murder- the unlawful killing of a human
being with malice aforethought
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Malice aforethought – is the intent (mens
rea) actual or implied intention to kill with
no provocation by the victim
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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
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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.
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Voluntary manslaughter is intentional- killing
committed without malice aforethought
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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
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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.
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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
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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
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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
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R.A.V. v. City of St. Paul (1992)
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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.
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Virginia v. Black (2003)
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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.
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Wisconsin v. Mitchell (1993)
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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
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International treaty against cybercrime was
established in 2001
Hacking – electronically breaking into or
disrupting computer systems
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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)