Chapter 3
SECTION OPENER / CLOSER:
INSERT BOOK COVER ART
Section 3.1
What Is a Crime?
Objective: SWBAT identify and explain
the classification of crimes
Pre-Learning Question
How do you think crimes are
classified?
Objective: SWBAT identify and explain
the classification of crimes
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.
Objective: SWBAT identify and explain
the classification of crimes
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.
Objective: SWBAT identify and explain
the classification of crimes
Felonies
A felony is a major crime punishable by
imprisonment or death. These include:
murder
manslaughter
burglary
robbery
arson
**Felony Murder Rule**
Objective: SWBAT identify and explain
the classification of crimes
Misdemeanors
A less serious crime with less sever
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
Objective: SWBAT differentiate between the various
levels of organization in the legal system
Do Now Question:
In what way is the American legal
system organized? Explain.
Objective: SWBAT differentiate between the various
levels of organization in the legal system
Criminal Law in the
American System
The American legal system
consists of two systems:
the state system
the federal system
Objective: SWBAT differentiate between the various levels
of organization in the legal system
State Criminal Law
Each state has inherent police
power allowing it to make
statutes to protect public:
health
safety
welfare
morals
Objective: SWBAT differentiate between the various levels
of organization in the legal system
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
produce money.
Objective: SWBAT differentiate between the various levels
of organization in the legal system
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.
Objective: SWBAT differentiate between the various levels
of organization in the legal system
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)
Objective: SWBAT define and apply the
elements of a crime
Do Now Question
What do you think are the
elements of a crime?
Objective: SWBAT define and apply the
elements of a crime
Elements of a Crime
A crime is defined by two
elements:
the criminal act
the required state of mind
Criminal Act
Most criminal statutes
specifically explain conduct that
is forbidden.
A criminal act must also involve
voluntary conduct.
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.
Objective: SWBAT define and apply the
elements of a crime
Motive
•
•
Motive plays no part in proving
criminal liability.
It is a effective tool for helping
convince a jury
Objective: SWBAT identify and apply the
common defenses to crimes
Do Now Question:
What do you think are defenses
to a crime? Explain why.
Take That!
OUCHIES !
Objective: SWBAT identify and apply the
common defenses to crimes
Defenses to Crimes
Defense attorneys try to show
that the prosecution failed to
prove the required elements for
the crime charged to their client.
Objective: SWBAT identify and apply the
common defenses to crimes
Defenses to Crimes
Common defenses are:
insanity
entrapment
self-defense
defense of family members
Objective: SWBAT identify and apply the
insanity defense to a crime
Insanity
American law recognizes that people
cannot be held responsible for their
actions if they do not know what they
are doing.
Objective: SWBAT identify and apply the
insanity defense to a crime
Insanity
•About
two-fifths of the U.S. use
the M’Naghten Rule (oldest
test)
•The
other three-fifths use the
American Law Institute (ALI)
test to determine insanity.
Objective: SWBAT identify and apply the
entrapment defense to 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.
Objective: SWBAT identify and apply the
common defenses to crimes
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.
Objective: SWBAT identify and apply the
common defenses to crimes
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.
What part does motive play in
proving criminal liability?
Objective: SWBAT identify and apply the
common defenses to crimes
Textbook QuestionsPage 61 #1-4 &
Critical Thinking
DUE E.O.C.
ANSWER
None.