Section 3.1 What Is a Crime?
1.
2.
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5.
BELL QUIZ ON CHAPTER 2
What court has original jurisdiction over most
federal court cases?
What court has limited jurisdiction?
Who is the party who accuses a person of a
crime?
Who is the party who is accused of a crime?
Why is a detention hearing held?
Understanding Business and Personal Law
Criminal Law
Section 3.1 What Is a Crime?
ANSWERS TO BELL QUIZ CHAPTER 2
1. District Courts
2. Local Trial Courts
3. Plaintiff
4. Defendant
5. To learn whether there are good
reasons to keep the accused in custody.
Understanding Business and Personal Law
Criminal Law
Chapter
3
SECTION OPENER / CLOSER:
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Section 3.1
What Is a Crime?
Section
3.1
WhatCriminal
Is a Crime?
Law
Chapter 3
Section 3.1
What Is a Crime?
Section 3.2
Particular Crimes
Understanding Business and Personal Law
Criminal Law
Section 3.1 What Is a Crime?
Why It’s Important
Learning the essence of criminal law, the
types of crimes that can be committed, and
the nature of criminal defense will help you
understand our criminal justice system.
Understanding Business and Personal Law
Criminal Law
Section 3.1 What Is a Crime?
Classifications of Crimes
Crime is considered an act against
the public good
The defendant is the person
accused of a crime.
The prosecutor is the government
attorney who presents the case in
court against the defendant.
Understanding Business and Personal Law
Criminal Law
Section 3.1 What Is a Crime?
Classifications of Crimes
The plaintiff is the party that
accuses a person of a crime.
In criminal proceedings, the state or
federal government, representing
the public at large, is the plaintiff.
Understanding Business and Personal Law
Criminal Law
Section 3.1 What Is a Crime?
Felonies
A felony is a major crime punishable
by imprisonment or death. These
include:
murder
manslaughter
burglary
robbery
arson
Understanding Business and Personal Law
Criminal Law
Section 3.1 What Is a Crime?
Misdemeanors
A less serious crime with less severe
penalty is a misdemeanor. These
include:
driving without a license
lying about one’s age to purchase
alcohol
leaving the scene of an automobile
accident
Understanding Business and Personal Law
Criminal Law
Section 3.1 What Is a Crime?
Criminal Law in the
American System
The American legal system consists of
two systems:
the state system
the federal system
Understanding Business and Personal Law
Criminal Law
Section 3.1 What Is a Crime?
State Criminal Law
Each state has inherent police power
allowing it to make statutes to protect
public:
health
safety
welfare
morals
Understanding Business and Personal Law
The exact definition and
penalties for crimes may
differ from state to state.
Assault vs Battery
Criminal Law
Section 3.1 What Is a Crime?
Federal Criminal Law
The federal government has no
police power.
It can create criminal statutes only
in areas over which it has
jurisdiction, such as counterfeiting
because it has the power to coin
money.
Understanding Business and Personal Law
Criminal Law
Section 3.1 What Is a Crime?
Federal Criminal Law
Because of the Commerce Clause
of the U.S. Constitution, the federal
government has the power to
regulate commerce among the
states.
As a result, federal criminal law
must involve some sort of interstate
activity.
Understanding Business and Personal Law
Criminal Law
Section 3.1 What Is a Crime?
Federal Criminal Law
Today, the federal government does
have a criminal code and several
police agencies, including:
the Federal Bureau of Investigation
(FBI)
the Drug Enforcement Agency
(DEA)
Understanding Business and Personal Law
Criminal Law
Section 3.1 What Is a Crime?
Federal Criminal Law
Treason - betrayal of one's country
Named and defined in the U.S.
Constitution
Double Jeopardy – 5th amendment;
no person can be tried twice for the
same crime. However……..
Understanding Business and Personal Law
Criminal Law
Section 3.1 What Is a Crime?
Elements of a Crime
A crime is defined by two elements:
the criminal act
the required state of mind
Understanding Business and Personal Law
Criminal Law
Section 3.1 What Is a Crime?
Criminal Act
Most criminal statutes specifically
explain conduct that is forbidden.
A criminal act must also involve
voluntary conduct.
Understanding Business and Personal Law
Criminal Law
Section 3.1 What Is a Crime?
Required State of Mind
The definition of a crime can be
changed based on the criminal’s state
of mind.
Murder is the intentional taking of a
person’s life.
Involuntary manslaughter outlaws
the accidental taking of a person’s
life.
Understanding Business and Personal Law
Criminal Law
Section 3.1 What Is a Crime?
Motive
Motive plays NO part in proving
criminal liability.
Understanding Business and Personal Law
Criminal Law
Section 3.1 What Is a Crime?
Pre-Learning Question
What do you think are defenses to a
crime?
Understanding Business and Personal Law
Criminal Law
Section 3.1 What Is a Crime?
Defenses to Crimes
Defense attorneys try to show that the
prosecution failed to prove the
required elements for the crime
charged to their client.
Understanding Business and Personal Law
Criminal Law
Section 3.1 What Is a Crime?
Defenses to Crimes
Common defenses are:
insanity
entrapment
self-defense
defense of family members
Understanding Business and Personal Law
Criminal Law
Section 3.1 What Is a Crime?
Insanity
American law recognizes that people
cannot be held responsible for their
actions if they do not know what they
are doing.
Understanding Business and Personal Law
Criminal Law
Section 3.1 What Is a Crime?
Insanity
About two-fifths of the U.S. use the
M’Naghten Rule and the other threefifths use the American Law Institute
(ALI) test to determine insanity.
What about Utah?
Understanding Business and Personal Law
Criminal Law
Section 3.1 What Is a Crime?
Entrapment
If a law enforcement officer induces a
law-abiding citizen to commit a crime,
the person can use a defense known
as entrapment.
Understanding Business and Personal Law
Criminal Law
Section 3.1 What Is a Crime?
Self-Defense
When people have good reason to
believe they are in danger of serious
injury or death, they can use force to
protect themselves.
This is defense is known as selfdefense.
Understanding Business and Personal Law
Criminal Law
Section 3.1 What Is a Crime?
Defense of Family Members
Using force to rescue a family
member from attack is another
defense.
As with self-defense, the rescuer must
have good reason to believe the victim
was in danger of severe bodily harm
or death.
Understanding Business and Personal Law
Criminal Law
Section 3.1 What Is a Crime?
What part does motive play in proving
criminal liability?
Understanding Business and Personal Law
Criminal Law
Section 3.1 What Is a Crime?
ANSWER
None.
End of Section 3.1
Understanding Business and Personal Law
Criminal Law
Chapter
3
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Section 3.2
Particular
Crimes
What
Is a Crime?
Section 3.1 What Is a Crime?
Why It’s Important
Learning how to distinguish among various
crimes will help you understand criminal
liability.
Understanding Business and Personal Law
Criminal Law
Section 3.1 What Is a Crime?
Pre-Learning Question
What do you think are crimes against
people?
Understanding Business and Personal Law
Criminal Law
Section 3.1 What Is a Crime?
Crimes Against People
Some crimes can be specifically
categorized as crimes against people.
Understanding Business and Personal Law
Criminal Law
Section 3.1 What Is a Crime?
Murder
Murder is the unlawful killing of
another human being with malice
aforethought (thought about or
planned beforehand).
Understanding Business and Personal Law
Criminal Law
Section 3.1 What Is a Crime?
Manslaughter
Manslaughter is the unlawful killing of
another human being without malice
aforethought.
Understanding Business and Personal Law
Criminal Law
Section 3.1 What Is a Crime?
Assault and Battery
Battery is the unlawful touching of
another person.
Assault is an attempt to commit
battery.
Understanding Business and Personal Law
Criminal Law
Section 3.1 What Is a Crime?
Kidnapping
Kidnapping is the unlawful removal
or restraint of a person against his or
her will.
Understanding Business and Personal Law
Criminal Law
Section 3.1 What Is a Crime?
Sex Offenses
Sex offenses include statutory rape
and sexual assault.
Understanding Business and Personal Law
Criminal Law
Section 3.1 What Is a Crime?
Domestic Violence
Domestic violence is any reckless
form of physical or mental abuse
within a family or household.
Understanding Business and Personal Law
Criminal Law
Section 3.1 What Is a Crime?
Hate Crimes
Actions using certain symbols,
writings, pictures, or spoken words to
cause fear or anger in people because
of their race, religion, color, or gender
are known as hate crimes.
Understanding Business and Personal Law
Criminal Law
Section 3.1 What Is a Crime?
What is the difference between
murder and manslaughter?
Understanding Business and Personal Law
Criminal Law
Section 3.1 What Is a Crime?
ANSWER
Murder indicates malice aforethought
and manslaughter does not.
Understanding Business and Personal Law
Criminal Law
Section 3.1 What Is a Crime?
Pre-Learning Question
What do you think are crimes against
property?
Understanding Business and Personal Law
Criminal Law
Section 3.1 What Is a Crime?
Crimes Against Property
Common crimes against property
include burglary, larceny,
embezzlement, robbery, arson,
vandalism and shoplifting.
Understanding Business and Personal Law
Criminal Law
Section 3.1 What Is a Crime?
Burglary
Burglary is the breaking and entering
of homes and other places with the
intent to commit a misdemeanor or a
felony.
Understanding Business and Personal Law
Criminal Law
Section 3.1 What Is a Crime?
Larceny
Larceny is the unlawful taking and
carrying away of the personal property
of another with the intent to deprive
the owner of the property.
Understanding Business and Personal Law
Criminal Law
Section 3.1 What Is a Crime?
Embezzlement
Embezzlement is the wrongful taking
of another’s property by a person who
has been entrusted with that property.
Understanding Business and Personal Law
Criminal Law
Section 3.1 What Is a Crime?
Robbery
Robbery is the wrongful taking and
carrying away of the personal property
of another through violence or threats.
Understanding Business and Personal Law
Criminal Law
Section 3.1 What Is a Crime?
Arson
Arson is the willful and malicious
burning of homes and other buildings.
Understanding Business and Personal Law
Criminal Law
Section 3.1 What Is a Crime?
Vandalism
Vandalism is the willful or malicious
damage to property.
Understanding Business and Personal Law
Criminal Law
Section 3.1 What Is a Crime?
Shoplifting
Shoplifting is the act of stealing
goods from a store.
Understanding Business and Personal Law
Criminal Law
Section 3.1 What Is a Crime?
During the time Joe Banks worked at
the Stop and Go gas station, he put
nearly 600 gallons of gasoline into his
own car without paying for it. What
crime is he probably guilty of?
Understanding Business and Personal Law
Criminal Law
Section 3.1 What Is a Crime?
ANSWER
Embezzlement
Understanding Business and Personal Law
Criminal Law
Section 3.1 What Is a Crime?
Pre-Learning Question
What do you think are motor vehicle
violations?
Understanding Business and Personal Law
Criminal Law
Section 3.1 What Is a Crime?
Motor Vehicle Violations
Drag racing—the unauthorized
racing of two vehicles side by side
and the timing of vehicles that
separately run a prearranged
course.
Joyriding—taking temporarily a
motor vehicle without the owner’s
permission.
Understanding Business and Personal Law
Criminal Law
Section 3.1 What Is a Crime?
Pre-Learning Question
Why are alcohol, tobacco, and drugs
considered controlled substances?
Understanding Business and Personal Law
Criminal Law
3.2
Section
3.1 What Is a Crime?
Crimes Involving Controlled
Substances
Federal
and
state
governments
control who
may or may
not possess
or use
Understanding Business and Personal Law
alcohol
tobacco
drugs
Criminal Law
Section 3.1 What Is a Crime?
Pre-Learning Question
What kind of crimes can a person
commit with a computer?
Understanding Business and Personal Law
Criminal Law
Section 3.1 What Is a Crime?
Computer Crimes
Computers and network devices
have introduced new ways to
commit crimes.
Both federal and state statutes
address this new legal problem.
Understanding Business and Personal Law
Criminal Law
Section 3.1 What Is a Crime?
Federal Computer Laws
The Computer Fraud and Abuse Act
is aimed at computer hackers.
The National Information
Infrastructure Act outlaws the
extortion of money or other favors in
exchange for not causing a
computer system to crash.
Understanding Business and Personal Law
Criminal Law
Section 3.1 What Is a Crime?
State Computer Laws
Computer trespass outlaws using a
computer for any crime.
Computer fraud statutes make it an
offense to use a computer to
acquire property, services, or money
by fraud.
Understanding Business and Personal Law
Criminal Law
Section 3.1 What Is a Crime?
State Computer Laws
Some states have a detailed list of
computer-related crimes including:
theft of computer services
destruction of equipment
misuse of computer information
Understanding Business and Personal Law
Criminal Law