CHAPTER 2.1 Crimes and Criminal Justice
• Objectives
• Explain the differences between categories of crimes
• Distinguish federal from state criminal law
• Describe the elements of a crime
• Determine several defenses to criminal acts
• Explain the differences between penalties for committing felonies and misdemeanors
Classification of Crimes
•
Crime- an offense committed against the public good, or society
• If convicted person can be fined, imprisoned, or sometimes even sentenced to death.
• Defendant- person who is accused of a crime.
• Plaintiff- party that accuses a person of a crime
• Prosecutor- the government official who brings the case against the defendant.
• Called a district attorney
• Represents the people, or the public, in a criminal case
Levels of Crimes
Felonies
Levels of Crimes
Misdemeanors
Infractions
Levels of Crimes
• Felony- A major crime
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Punished by fine, or by imprisonment, or both
Ex. Murder and robbery
Most serious is Murder- can be punishable by death
May also be liable for a civil penalty (ex. Rape victim can sue for medical bills)
• Misdemeanors
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Less serious crime
Punished by fine, imprisonment, or both
Jail time usually less than a year (smaller jail, not a state penitentiary)
Ex. Driving car without a license
• Infraction- minor offense usually punishable with a fine and no jail time
• Ex. Speeding tickets
Criminal Law in the U.S. Legal System
U.S. has two court systems: federal and state
• Federal Criminal Law
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Constitution limits powers of federal government
Can not make criminal laws
Exception: laws against counterfeiting money (money printed by federal government)
Has own police force, FBI.
Federal criminal law usually involves commerce among the states
State Criminal Law
State Criminal Law
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States can make criminal law
Most laws are similar in all states
Names may be different (ex. Theft in one state, stealing in another. Same
crime)
Elements of a Crime
• Crime requires two elements
• Criminal Act
• Criminal laws must describe the specific conduct that the law forbids
Theft
• Stealing another person’s property
Robbery
• Stealing another person’s property
through violence or the threat of
violence
• Criminal laws also make not doing something a crime (ex. Not paying taxes)
• Criminal act must be voluntary, can not be a condition.
• Is being an alcoholic a crime?
Elements (continued)
• Required State of Mind
• Required state of mind is INTENT for murder
• Required state of mind is NEGLIGENCE for involuntary manslaughter
• Both result in someone’s life being taken, but different crimes
• To prove a crime occurred does not require proving a motive
WEB QUEST
WEB QUEST ACTIVITY ON PAGE 39
Defenses to Crimes
4 Main defenses for defendants in criminal trials
1.
2.
3.
4.
Insanity
Entrapment
Self- Defense
Defense of Family Members
INSANTIY
• U.S. Law says that people cannot be held responsible for their actions if they
do not know what they are doing.
• Requires that the person did not know the difference between right and
wrong WHEN committing the crime.
• Tested with the M’Naghten Rule (oldest legal test).
• Another test is the Irresistible Impulse Test
• Must have a mental disease that makes telling the difference between right and wrong
impossible or makes the defendant unable to stop him- or herself from committing the
crime.
INSANITY (Continued)
• ALI (American Law Institute) has the ALI Rule
• Defendant must have a mental disease so serious that he or she lacks substantial
capacity either to appreciate the criminality of his or her conduct or to conform his or
her conduct to the requirements of the law
• If found guilty, defendant does NOT go to jail and do NOT go free.
• Sent to a mental institution for psychiatric treatment.
• Released when they are sane again.
ENTRAPMENT
• Entrapment- When a police officer talks a person into committing a crime
• Person was talked into or tricked into committing a crime they otherwise
would not have committed
Self-Defense
• Self-Defense- person believes they were in imminent danger and had no
choice but to use force to protect themselves
• Some states a person must try to run away first
• Usually not required if the person is in his or her own home
• Can NOT use self-defense if you start the confrontation or if you continue to
use force even after the danger was gone.
DEFENSE of FAMILY MEMBERS
• Person may use force to protect family members who are in danger of being
hurt or killed
• Must have good reason to believe the victim was in danger of severe bodily
injury or death
• Can NOT use this defense if the crime occurs after the threat of harm has
passed.
SECTION 2.2
TYPES OF CRIMES
Types of Crimes
• Crimes can be categorized into crimes against:
People
Property
Business
Government
Society
Crimes against People
Sex
Offenses
Manslaughter
Murder
Kidnapping
Battery
Assault
Domestic
Violence
1. Murder- Intentional killing of another person
First Degree Murder (can be punished with the death penalty)
 Killing after making a detailed plan to kill
 Killing in an especially vicious way ( ex. Torture)
 Killing while committing another serious crime
2. Manslaughter- killing another person without intending to do so.
• Either Voluntary or Involuntary
• Voluntary- killing someone while in a state of great distress and without a prior plan to
kill (ex. Catching your spouse cheating and killing her lover)
• Involuntary- accidentally killing someone while committing an unlawful or reckless act
(ex. Killing someone while drinking and driving)
3. Battery- Unlawful touching of another person
• Forceful use of a person’s hand, a weapon, or other instrument against a person
• Ex. Ordering a dog to attack or even kissing someone who doesn’t want to be kissed
4. Assault- An attempt to commit a battery
• Ex. Waving a baseball bat at someone (turns to battery if you hit them with the bat)
• Two types of Assault and Battery charges
• Simple- charged as misdemeanors
• Aggravated- charged as felonies (crime committed with a deadly weapon or with intent
to commit murder, rape, or robbery)
5. Kidnapping- Unlawful removal or restraint of a person against his or her will
6. Sex Offenses
• Rape- Forcing another person to have intercourse
• Statutory Rape- having intercourse with a minor, WITH or WITHOUT force. (minor can be
charged for having sex with another minor)
7. Domestic Violence- Any reckless form of physical or mental harm in a family
or household
• Children are protected by Child Endangerment laws and Child Abuse laws.
CRIMES AGAINST PROPERTY
• Crimes against property are:
Burglary
Robbery
Arson
Larceny
Vandalism
1. Burglary- Breaking and entering into a house, or any other building, to commit
a felony or misdemeanor.
2
Larceny- Unlawful taking of someone’s personal property with the intent to
keep the property away from that person.
• Also called Theft
• Petty larceny- misdemeanor (usually value is between $300- $1,000)
• Grand larceny- felony (value anything above state’s limit on petty larceny)
3. Robbery- Wrongful taking of someone’s property by threating violence or
using violence. (penalty is greater than that of Larceny)
4. Vandalism- Willful or malicious damage to property
• Don’t have to be the one vandalizing to be charged. Any involvement can bring a
charge, such as a lookout person.
5. Arson- Willful and malicious burning of any building.
CRIMES INVOLVING BUSINESS
Embezzlement
Shoplifting
Fraud
Money
Laundering
Arson
Forgery
1. Embezzlement- Wrongful taking of property by someone who was legally
trusted to have possession and control of that property
2. Fraud- A person or business engages in some form of deception to obtain
money or property.
• Some types are Federal Offenses (Mail Fraud)
3. Money Laundering- hiding money that was obtained illegally.
• Can be charged even if you did not steal the money.
4. Arson- Willful and malicious burning of any building.
5. Forgery- Placing a false signature on a check or other document with the
intent to deceive someone in order to deprive them of their property
CRIMES AGAINST GOVERNMENT
Treason
Perjury
Contempt
of Court
Bribery
Obstruction
of Justice
1. Treason- Waging war against the United States, or giving aid and comfort to
enemies of the United States.
• Defined in Article III, Section 3 of the U.S. Constitution
• Only crime mentioned by name in the Constitution
2. Perjury, Obstruction of Justice and Contempt of Court
• All involve undermining the administration of the courts.
A. Perjury- Lying under oath in court
B. Obstruction of Justice- Hindering the ability of the court to move forward in a
judicial proceeding
C. Contempt of Court- Ignoring a court order or showing a lack of respect for the
integrity of the court.
3. Bribery- Giving money or property to a public official in exchange for a favor
from that official.
CRIMES AGAINST SOCIETY
1. Disorderly Conduct- Activity that threatens to disrupt the social order,
endanger public safety, or jeopardize the health of the public at larger.
2. Rioting- Activity that threatens to harm people or to damage property, or
who violently commit one or the other of those offenses.
• Usually requires at least 3 people.
3. Motor Vehicle Violations
• Examples:
• Driving without a license
• Reckless Driving
• Ignoring traffic laws