Elements of Crime and Categories of Punishment
Course
Law
Enforcement I
Unit VI
Crime and
Punishment
Essential
Question
What makes up
a given crime,
and how do we
determine how
serious a crime
is?
TEKS
§130.293(c)
(7)(A)(B)
Prior Student
Learning
History of Law
Enforcement
Estimated Time
3 to 5 hours
Rationale
A police officer must be able to determine if any call he responds to has the
elements of a crime. He must also know if the crime he is working is a
misdemeanor as they might affect the way he responds to and handles the
situation.
Objectives
The student will be able to:
1. Describe the elements of a crime and the categories of punishment
2. Explain how crime has an impact on a convicted person’s life
3. Research the defenses that are used in court to acquit a defendant of a
charge
4. Critique other students’ research on defenses
Engage
Have students answer the question, “If you were developing the criminal
justice system, how would you determine what makes up a crime and its
seriousness?” This can be done out loud as a class or each student can
answer this on paper. Use the Discussion or Writing Rubrics for assessment.
Key Points
I.
Origins of the Law
A. Common law
B. Legislatures
C. Courts
II.
Age of Culpability
A. Juvenile: 10–16 years of age
B. Adult: 17 years of age and up
III.
Crime Conviction Requirements
A. Proof beyond a reasonable doubt
B. All elements of an offense have to be proven
IV.
Elements of an Offense
A. Forbidden conduct – this is determined by the government
B. Culpable Mental State (CMS)
C. Any result
D. Negation of any exception
V.
Culpable Mental States
A. The attitude someone has when committing a crime, their intentions
B. There are four types of culpable mental states:
1. Intentional – conscious objective
2. Knowing – aware with reasonable certainty
3. Reckless – aware but conscious disregard of substantial and
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unjustifiable risk. Gross deviation from what a normal person
would do.
4. Criminal Negligence – should have been aware of the risk but
was not
VI.
Instances When Crimes Go Without Punishment
A. Exceptions – when a law does not apply to a person, the
prosecutor must prove that the accused does not have a reason to
do what they are doing (example – the penal code says an off-duty
police officer can carry a sidearm without a permit).
B. Defense – the person has an excuse to commit the crime
1. The prosecutor does not have to negate the existence of the
defense
2. The defendant must prove this exists
3. If it exists, the court shall charge that this is a reasonable
doubt and the person must be acquitted
C. Affirmative Defense – similar to a defense
1. The prosecutor does not have to negate the existence of the
defense; that is up to the defendant
2. It must be proven by a preponderance of the evidence
3. Example – sexual assault or statutory rape and the three-year
exception, if the victim is at least 14 years old and it is
consensual
VII. General Defenses Used in Trial
A. Insanity
1. Affirmative defense
2. At the time of the conduct
3. Mental disease
4. Did not know the conduct was wrong
B. Mistake of Fact
1. Is a defense
2. The perception of the facts by the actor is mistaken
3. Has to be reasonable
C. Mistake of Law – ignorance of a law is not an excuse for breaking
that law
D. Intoxication – voluntary intoxication is not a defense
E. Duress
1. Affirmative defense
2. Not guilty if forced to commit the crime because of the threat
of death or serious bodily injury to himself or another
3. Does not apply if the person intentionally, knowingly, or
recklessly put himself in that position
F. Entrapment
1. Opportunity vs. persuasion
2. If the law enforcement officer induced the person to commit
the crime then this defense applies
3. Examples – bait cars and undercover agents
VIII. Punishments
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A. Class C Misdemeanor
1. Fine not to exceed $500
2. Example – speeding ticket
B. Class B Misdemeanor
1. Fine not to exceed $2000
2. Up to 180 days in jail
3. Or both
4. Example – DWI
C. Class A Misdemeanor
1. Fine not to exceed $4,000
2. Up to one year in jail
3. Or both
4. Example – burglary of a vehicle, assault
D. State Jail Felony
1. Fine up to $10,000
2. 180 days to two years in jail
3. Or both
4. Example – unauthorized use of a motor vehicle (stealing a
car)
E. Third Degree Felony
1. Fine up to $10,000
2. 2 to 10 years in prison
3. Or both
4. Example – forging money
F. Second Degree Felony
1. Fine up to $10,000
2. 2 to 20 years in prison
3. Or both
4. Example – aggravated assault, robbery, burglary of a
habitation, sexual assault
G. First Degree Felony
1. Fine up to $10,000
2. 5 to 99 years in prison
3. Or both
4. Example – murder, aggravated robbery, aggravated sexual
assault
H. Capital Felony
1. Life in prison or the death penalty
2. Example – capital murder
IX. Other Important Aspects
A. Criminal Attempt
1. When a person intentionally tries to commit a crime, an act
beyond mere preparation, which tends to affect the
commission of a crime
2. The punishment is one level below the crime the person is
trying to commit
3. Example – attempted murder
B. Criminal Conspiracy
1. An agreement between two or more persons to commit a
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felony, and any member of the group commits an overt act
2. Overt act – any act that works towards the commission of the
offense (the act is not necessarily a crime in and of itself)
3. The punishment is one level below the most serious crime
planned
Activities
1. Have students complete the Elements of Crime and Categories of
Punishment Quiz (open-note). It may be used as the exam review.
2. Have students explore the impact of having a misdemeanor or felony on
their record. Have students research the following regarding persons with
criminal records:
 hiring policies of one or more companies where they would enjoy
having a career
 hiring policies of one or more police departments
 applicant policies for a car loan or apartment complex
Have students write down the results of their research. Use the Writing
Rubric for assessment.
3. Have students select and research a mental disorder or a defense.
Students may work in pairs. The results will include definitions and
explanations of the topics along with some specific examples illustrating
how the topic is used in court. Have the students create and present a
computer-based presentation with the results of their research. The class
may ask the presenters questions to test the depth of their knowledge.
Have the class use the Presentation Rubric to assess each individual or
each pair.
Assessments
Elements of Crime and Categories of Punishment Exam and Key
Elements of Crime and Categories of Punishment Quiz and Key
Discussion Rubric
Individual Work Rubric
Research Rubric
Writing Rubric
Materials
Elements of Crime and Categories of Punishment computer-based
presentation
Access to computer lab or research center
Computer-based presentation software
Resources
Texas Penal Code http://www.statutes.legis.state.tx.us/
Accommodations for Learning Differences
For reinforcement, students will either look at the school rules or think of a
behavior they would like to have banned. Using the template of the elements
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of a crime, they will write their own law that could be used to prosecute a
student in court. They will need to include every element from the culpable
mental state to exceptions. Use the Individual Work Rubric for assessment.
For enrichment, students will research the death penalty debate. They will list
the arguments for those for and against the death penalty then give their own
opinion. Use the Research Rubric for assessment.
State Education Standards
Texas Essential Knowledge and Skills for Career and Technical Education
§130.293. Law Enforcement I (One to Two Credits).
(7)
The student analyzes procedural and substantive criminal law.
The student is expected to:
(A)
define crime categories and respective punishments;
(B)
analyze the elements of criminal acts;
College and Career Readiness Standards
English/Language Arts
I. Writing
A. Compose a variety of texts that demonstrate clear focus, the logical
development of ideas in well-organized paragraphs, and the use of
appropriate language that advances the author’s purpose.
1. Determine effective approaches, forms, and rhetorical techniques
that demonstrate understanding of the writer’s purpose and
audience.
2. Generate ideas and gather information relevant to the topic and
purpose, keeping careful records of outside sources, depth of
preliminary ideas and information, organize material generated, and
formulate a thesis.
4. Recognize the importance of revision as the key ideas and
organize them more logically effectively, and draw the reader to the
author’s purpose.
5. Edit writing for proper voice, tense, and syntax, assuring that it
conforms to standard English, when appropriate
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Name________________________________ Date__________________________
Elements of Crime and Categories of Punishment Exam
______1. Criminal law comes from laws passed by legislatures and ____________.
A. Old law
B. Common law
C. Courts
D. B and C
______2. Joe was a juvenile but had a birthday two days ago and is now an adult. How old is
Joe?
A. 16
B. 17
C. 18
D. 19
______3. All elements of an offense have to be proven before someone can be charged with
the crime.
A. True
B. False
______4. What is required to convict a person of a crime?
A. Probable cause
B. Reasonable suspicion
C. Proof beyond a reasonable doubt
D. None of the above
______5. What may a person have in certain instances that would excuse the crime he
committed?
A. An exception
B. A defense
C. An affirmative defense
D. All of the above
______6. When a person should have been aware of a risk but they were not, their culpable
mental state was
A. Intentional
B. Knowing
C. Reckless
D. Criminal negligence
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______7. When a person was aware with reasonable certainty, their culpable mental state was
A. Intentional
B. Knowing
C. Reckless
D. Criminal negligence
______8. When a person was aware but consciously disregarded a substantial and
unjustifiable risk that was a gross deviation of what a normal person would do, their
culpable mental state was:
A. Intentional
B. Knowing
C. Reckless
D. Criminal negligence
______9. When a person's conscious objective was to commit the crime they committed, their
culpable mental state was
A. Intentional
B. Knowing
C. Reckless
D. Criminal negligence
______10. Ignorance of a law is an excuse for breaking that law.
A. True
B. False
______11. Which of the following is not a general defense to prosecution?
A. Insanity
B. Mistake of fact
C. Entrapment
D. Voluntary intoxication
______12. Sam commits a capital felony. His punishment is
A. Death
B. Life in prison
C. 5 to 99 years
D. A or B
______13. Robert commits aggravated assault and will receive 2 to 20 years in prison and/or a
fine up to $10,000. Robert's offense is a
A. 1st Degree Felony
B. 2nd Degree Felony
C. 3rd Degree Felony
D. State Jail Felony
______14. Peter commits credit card abuse and will receive 180 days to 2 years in jail and/or a
fine up to $10,000. Peter's offense is a
A. 1st Degree Felony
B. 2nd Degree Felony
C. 3rd Degree Felony
D. State Jail Felony
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______15. Maria commits the offense of deadly conduct and will receive 2 to 10 years in jail
and/or a fine up to $10,000. Maria's offense is a
A. 1st Degree Felony
B. 2nd Degree Felony
C. 3rd Degree Felony
D. State Jail Felony
______16. Mac is caught breaking into a car and will receive up to 1 year in jail and/or up to a
$4,000 fine. Mac's offense is a
A. State Jail Felony
B. Class A Misdemeanor
C. Class B Misdemeanor
D. Class C Misdemeanor
______17. Suzy is pulled over and arrested for driving while intoxicated. She will receive up to
180 days in jail and/or up to a $2,000 fine. Suzy's offense is a
A. State Jail Felony
B. Class A Misdemeanor
C. Class B Misdemeanor
D. Class C Misdemeanor
______18. Jack is pulled over for speeding and receives a ticket. He will receive up to a $500
fine. Jack's offense is a
A. State Jail Felony
B. Class A Misdemeanor
C. Class B Misdemeanor
D. Class C Misdemeanor
______19. Jennifer is arrested for attempted arson. If arson is a 2nd Degree Felony, what is
attempted arson?
A. 1st Degree Felony
B. 2nd Degree Felony
C. 3rd Degree Felony
D. State Jail Felony
______20. In criminal conspiracy, two or more people agree to commit a misdemeanor.
A. True
B. False
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Elements of Crime and Categories of Punishment Exam Key
1. D
2. B
3. A
4. C
5. D
6. D
7. B
8. C
9. A
10. B
11. D
12. D
13. B
14. D
15. C
16. B
17. C
18. D
19. C
20. B
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Name________________________________ Date__________________________
Elements of Crime and Categories of Punishment Quiz
1. Name at least two places criminal law comes from.
a.___________________________________________
b.___________________________________________
2. How old does a person have to be to be charged as an adult in Texas?
___________________________________________
3. True or False – All of the elements of an offense do not have to be proven for
someone to be charged with a crime.
___________________________________________
4. What is required to convict a person of a crime?
___________________________________________
5. There are three different things that, when they exist, excuse the person who
committed the crime from being charged. What are they?
a.___________________________________________
b.___________________________________________
c.___________________________________________
6. When a person should have been aware of a risk but they were not, their culpable
mental state was
___________________________________________
7. When a person was aware with reasonable certainty, their culpable mental state was
__________________________________________
8. When a person was aware but consciously disregarded a substantial and
unjustifiable risk that was a gross deviation of what a normal person would do, their
culpable mental state was
__________________________________________
9. When a person's conscious objective was to commit the crime they committed, their
culpable mental state was
__________________________________________
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10. True or False - Ignorance of a law is not an excuse for breaking that law.
_________________________________________
11. List at least three general defenses to prosecution.
a._________________________________________
b._________________________________________
c._________________________________________
12. What is the punishment for a capital felony?
_________________________________________
13. What kind of crime receives 2 to 20 years in prison and/or a fine up to $10,000?
_________________________________________
14. What kind of crime receives 180 days to 2 years in jail and/or a fine up to $10,000?
_________________________________________
15. What kind of crime receives 2 to 10 years in jail and/or a fine up to $10,000?
_________________________________________
16. What kind of crime receives up to 1 year in jail and/or up to a $4,000 fine?
_________________________________________
17. What kind of crime receives up to 180 days in jail and/or up to a $2,000 fine?
_________________________________________
18. What kind of crime receives up to a $500 fine?
_________________________________________
19. What is the level of punishment for criminal attempt?
_________________________________________
20. In criminal conspiracy, what are two or more people agreeing to commit?
_________________________________________
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Elements of Crime and Categories of Punishment Quiz Key
1. a. Common law
b. Legislatures
c. Courts (another possible answer)
2. 17
3. False
4. Proof beyond a reasonable doubt
5. a. An exception
b. A defense
c. An affirmative defense
6. Criminal negligence
7. Knowing
8. Reckless
9. Intentional
10. True
11. a. Insanity
b. Mistake of fact
c. Mistake of law
d. Intoxication (another possible answer)
e. Duress (another possible answer)
f. Entrapment (another possible answer)
12. Death or life in prison
13. 2nd Degree Felony
14. State Jail Felony
15. 3rd Degree Felony
16. Class A Misdemeanor
17. Class B Misdemeanor
18. Class C Misdemeanor
19. One level below what the crime normally would be
20. A felony
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Name_______________________________________
Date_______________________________
Discussion Rubric
Objectives
4 pts.
Excellent
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
Participates in group discussion
Encourages others to join the
conversation
Keeps the discussion progressing
to achieve goals
Shares thoughts actively while
offering helpful recommendations to
others
Gives credit to others for their ideas
Respects the opinions of others
Involves others by asking questions
or requesting input
Expresses thoughts and ideas
clearly and effectively
Total Points (32 pts.)
Comments:
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Name______________________________________
Date_______________________________________
Individual Work Rubric
4 pts.
Excellent
Objectives
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
Follows directions
Student completed the work as directed,
following the directions given, in order and to the
level of quality indicated
Time management
Student used time wisely and remained on task
100% of the time
Organization
Student kept notes and materials in a neat,
legible, and organized manner. Information was
readily retrieved
Evidence of learning
Student documented information in his or her
own words and can accurately answer questions
related to the information retrieved
*Research/Gathering information (if relevant)
Student used a variety of methods and sources
to gather information. Student took notes while
gathering information
Total Points (20 pts.)
Comments:
14
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Name______________________________________
Date_______________________________________
Research Rubric
4 pts.
Excellent
Objectives
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
Question/goal
Student identified and communicated a question
or goal of the research
Research/Gathering information (if relevant)
Student used a variety of methods and sources
to gather information. Student took notes while
gathering information
Conclusion/Summary
Student drew insightful conclusions and
observations from the information gathered.
Information is organized in a logical manner
Communication
Student communicated the information gathered
and summary or conclusions persuasively.
Student demonstrated skill in the use of media
used to communicate the results of research
Reflection
Student reflected on the importance of the
research and its potential application
Total Points (20 pts.)
Comments:
15
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Name:____________________________________
Date:_____________________________
Writing Rubric
4 pts.
Excellent
Objectives
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
The writing has all required parts from
introduction to conclusion in smooth
transition.
The writing is interesting, supportive,
and complete.
The writing demonstrates that the
writer comprehends the writing
process.
Accurate spelling, grammar, and
punctuation
The content of paragraphs
emphasizes appropriate points.
The writer shows an understanding of
sentence structure, paragraphing, and
punctuation.
All sources and references are clearly
and accurately documented.
Total Points (28 pts.)
Comments:
16
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