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CRIMES AND CRIMINAL
JUSTICE

MEANS THAT WHICH INWARDLY
MOVES A PERSON A CERTAIN
WAY

MEANS STIMULUS IN THE MIND
ARISING FROM SOME FEELING

AN OFFENSE COMMITTED AGAINST
THE PUBLIC GOOD, OR SOCIETY
--PEOPLE CONVICTED OF A CRIME
CAN BE FINED, IMPRISONED, OR
IF LEGAL IN THEIR STATE,
SENTENCED TO DEATH

A PERSON WHO IS ACCUSED
OF A CRIME

PARTY THAT ACCUSES A
PERSON OF A CRIME
--The state or the federal government, whomever is representing the public, is the plaintiff--

THE GOVERNMENT OFFICIAL WHO
BRINGS THE CASE AGAINST THE
DEFENDANT
In some states, this prosecutor is the
DISTRICT ATTORNEY
The prosecutor represents the people, or the public, in a criminal case

--PUNISHABLE BY FINE,
IMPRISONMENT, OR BOTH
--MAY ALSO BE CALLED A HIGH
MISDEMEANOR

*ROBBERY
*RAPE
*AGGRAVATED BATTERY
*ARSON
*DRUG POSSESSION
*BURGLARY
*MURDER (Most Serious Felony)

PEOPLE CONVICTED OF A
FELONY MAY ALSO BE LIABLE
FOR A CIVIL PENALTY
AWARDED TO THE VICTIM OR
THE VICTIM’S FAMILY
Example: Rape Victim May Be Able To Sue
The Defendant To Recover The Costs Of
Medical Bills And Counseling

IS A LESS SERIOUS CRIME
Usually punishable by a fine, jail time or both
Jail time is normally less than ONE year
Jail time spent in a smaller, county jail, rather than a state penitentiary

A MINOR OFFENSE THAT IS USUALLY
PUNISHABLE WITH A FINE AND NOT
WITH JAIL TIME
--SOMETIMES CALLED MINOR MISDEMEANORS
OR PETTY CRIMES (of small importance or secondary in rank)
Example: Minor traffic violations

**Both federal and state courts have the power to make and enforce criminal laws, but the
POWERS of each are different**

--U. S. Constitution limits the powers of the federal government, therefore, the federal government cannot make criminal laws, but there are exceptions:
*Make Laws Against Counterfeiting Money
*Power To Create Its Own Police Force (FBI)

COMMERCE CLAUSE IN U. S.
CONSTITUTION SAYS THE
U. S. CONGRESS CAN REGULATE
INTERSTATE COMMERCE, OR
BUSINESS THAT CROSSES STATE
LINES. THEREFORE, FEDERAL
CRIMINAL LAW USUALLY
INVOLVES COMMERCE AMONG
THE STATES.

EACH STATE GOVERNMENT HAS THE POWER
TO MAKE CRIMINAL LAWS. THAT POWER IS
CALLED THE STATE’S POLICE POWER.
DEFINITIONS AND NAMES OF CRIMES MAY BE
DIFFERENT FROM STATE TO STATE —
Example: a crime may be called a theft in one state, but may be called stealing in another

Could you be convicted of a crime if the state cannot prove you had a motive??

1. THE CRIMINAL ACT
2. THE REQUIRED STATE OF MIND

MUST DESCRIBE THE SPECIFIC CONDUCT THAT
THE LAW FORBIDS
(Ex. Definition of theft is stealing another person’s property OR robbery is stealing another person’s property through violence or the threat of violence)
SOME CRIMINAL LAWS MAKE NOT DOING
SOMETHING A CRIME
(Ex. Not paying taxes that are owed)
CRIMINAL ACT MUST BE VOLUNTARY; NOT A
PERSON’S CONDITION
(Ex. Not a crime to be an alcoholic, because alcoholism is a condition —not an act. However, the government may create laws that make it a crime to operate a vehicle while under the influence of alcohol)

*THE LAW DEFINING MURDER FORBIDS THE
INTENTIONAL TAKING OF A PERSON’S LIFE—
THE REQUIRED MENTAL STATE IS INTENT .
*THE LAW DEFINING INVOLUNTARY
MANSLAUGHTER FORBIDS THE NEGLIGENT
TAKING OF SOMEBODY’S LIFE—THE
REQUIRED MENTAL STATE IS NEGLIGENCE .
IN BOTH CASES, CRIMINAL ACT IS TAKING A
PERSON’S LIFE AND THE MENTAL STATE IS
THE INTENTION IN ONE CASE OR THE
CARELESSNESS IN TAKING ANOTHER
PERSON’S LIFE IN THE OTHER.

All that is needed is to prove that a defendant committed a CRIMINAL ACT WITH the
REQUIRED STATE OF MIND

• INSANITY
• ENTRAPMENT
• SELF-DEFENSE
• DEFENSE OF FAMILY MEMBERS

AN INSANITY DEFENSE REQUIRES
THAT THE PERSON DID NOT
KNOW THE DIFFERENCE
BETWEEN RIGHT AND WRONG
WHEN HE/SHE COMMITTED THE
CRIME

The oldest legal test of insanity is called
M’Naghten Rule. This goes back to an
1834 English case when M’Naghten was acquitted for killing the Prime Minister’s secretary because he was insane and did not know what he was doing.
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Under this rule, a defendant must have a mental disease so serious that he/she does not know the difference between right and wrong when he or she commits the crime.

Another test used by some states is the IMPULSE test.
**********
Under this rule, the defendant must have a mental disease that makes telling the difference between right and wrong impossible or makes the defendant unable to stop him/herself from committing the crime.

The American law Institute (ALI) has a more modern test for insanity.
***********
Under ALI rule, the defendant must have a mental disease so serious that they lack substantial capacity either to appreciate the criminality of the conduct or to conform the conduct to the requirements of law.

People who are found not guilty by reason of insanity DO NOT go free.
They go to a mental institution to receive treatment and are released when found to be sane.
They are then required to serve their punishment.

In a criminal case, the defense tries to show that the prosecution failed to prove the required elements of the crime.
• What element of a crime does the insanity defense seek to eliminate??
The Required State of Mind

A PERSON WAS TALKED INTO OR
TRICKED BY A LAW ENFORCEMENT
OFFICIAL INTO COMMITTING A CRIME
THEY WOULD NOT OTHERWISE HAVE
COMMITTED.

USING FORCE TO PROTECT YOURSELF
WHEN BELIEVING YOU ARE IN DANGER
OF BEING HURT OR KILLED
**In some states, the person using self-defense must try to run away first, but is NOT necessary if it happens in their own home**
Cannot use this if the confrontation was initiated by the person or if they continue to use force even after the danger is gone

DEFENSE OF FAMILY MEMBERS
USING FORCE TO PROTECT A FAMILY
MEMBER IF THERE IS GOOD REASON TO
BELIEVE THE VICTIM WAS IN DANGER
OF SEVERE BODILY INJURY OR DEATH
CANNOT be used if the crime occurs after the threat of harm has passed

ADDITIONAL DEFENSES IN
WISCONSIN
• Under the Influence of Drugs or Alcohol
– Defendant can argue that their mental functioning was so impaired that they cannot be held accountable for their actions.
– Does not excuse criminal conduct.
– Only a partial defense—would not require proof of intent.

ADDITIONAL DEFENSES IN
WISCONSIN
• Alibi
– Defense consists of evidence that defendant was somewhere other than the scene of the crime at the time it was committed
– It is a respectable defense.

CRITICAL THINKING —
Sam and Wade are walking home after school when they are attacked by two gang members. Sam and Wade overpower their attackers. Sam knocks his attacker to the ground and sits on him until the police arrive, but Wade keeps hitting his attacker in the head even after he is lying on the ground unconscious.
Can Sam claim self-defense? Can Wade? Explain.