bell quiz on chapter 2 what court has original jurisdiction over most federal court cases?
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Understanding Business and Personal Law
What Is a Crime? Section 3.1
Criminal Law
BELL QUIZ ON CHAPTER 2
1. What court has original jurisdiction over most federal court cases?
2. What court has limited jurisdiction?
3. Who is the party who accuses a person of a crime?
4. Who is the party who is accused of a crime?
5. Why is a detention hearing held?
Understanding Business and Personal Law
What Is a Crime? Section 3.1
Criminal Law
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.
3Chapter
SECTION OPENER / CLOSER:INSERT BOOK COVER ART
What Is a Crime?What Is a Crime?Section 3.1Section 3.1
Understanding Business and Personal Law
What Is a Crime? Section 3.1
Criminal Law
Section 3.1What Is a Crime?
Section 3.2Particular Crimes
3Chapter Criminal Law
Understanding Business and Personal Law
What Is a Crime? Section 3.1
Criminal Law
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
What Is a Crime? Section 3.1
Criminal Law
Classifications of Crimes Crime is considered an act against the public goodThe 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
What Is a Crime? Section 3.1
Criminal Law
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
What Is a Crime? Section 3.1
Criminal Law
Felonies A felony is a major crime punishable by imprisonment or death. These include:
murdermanslaughterburglaryrobberyarson
Understanding Business and Personal Law
What Is a Crime? Section 3.1
Criminal Law
Misdemeanors A less serious crime with less severe penalty is a misdemeanor. These include:
driving without a licenselying about one’s age to purchase alcoholleaving the scene of an automobile accident
Understanding Business and Personal Law
What Is a Crime? Section 3.1
Criminal Law
The American legal system consists of two systems:
Criminal Law in the American System
the state systemthe federal system
Understanding Business and Personal Law
What Is a Crime? Section 3.1
Criminal Law
State Criminal Law Each state has inherent police power allowing it to make statutes to protect public:
healthsafetywelfaremorals
The exact definition and penalties for crimes may differ from state to state.
Assault vs Battery
Understanding Business and Personal Law
What Is a Crime? Section 3.1
Criminal Law
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
What Is a Crime? Section 3.1
Criminal Law
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
What Is a Crime? Section 3.1
Criminal Law
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
What Is a Crime? Section 3.1
Criminal Law
Federal Criminal Law
Treason - betrayal of one's countryNamed 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
What Is a Crime? Section 3.1
Criminal Law
Elements of a Crime A crime is defined by two elements:
the criminal actthe required state of mind
Understanding Business and Personal Law
What Is a Crime? Section 3.1
Criminal Law
Most criminal statutes specifically explain conduct that is forbidden.
A criminal act must also involve voluntary conduct.
Criminal Act
Understanding Business and Personal Law
What Is a Crime? Section 3.1
Criminal Law
The definition of a crime can be changed based on the criminal’s state of mind.
Required 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
What Is a Crime? Section 3.1
Criminal Law
Motive plays NO part in proving criminal liability.
Motive
Understanding Business and Personal Law
What Is a Crime? Section 3.1
Criminal Law
Pre-Learning Question
What do you think are defenses to a crime?
Understanding Business and Personal Law
What Is a Crime? Section 3.1
Criminal Law
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
What Is a Crime? Section 3.1
Criminal Law
Defenses to Crimes Common defenses are:
insanityentrapmentself-defensedefense of family members
Understanding Business and Personal Law
What Is a Crime? Section 3.1
Criminal Law
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
What Is a Crime? Section 3.1
Criminal Law
Insanity About two-fifths of the U.S. use the M’Naghten Rule and the other three-fifths use the American Law Institute (ALI) test to determine insanity.
What about Utah?
Understanding Business and Personal Law
What Is a Crime? Section 3.1
Criminal Law
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
What Is a Crime? Section 3.1
Criminal Law
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 self-defense.
Understanding Business and Personal Law
What Is a Crime? Section 3.1
Criminal Law
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
What Is a Crime? Section 3.1
Criminal Law
What part does motive play in proving criminal liability?
Understanding Business and Personal Law
What Is a Crime? Section 3.1
Criminal Law
ANSWER
None.
End of Section 3.1
3Chapter
SECTION OPENER / CLOSER:INSERT BOOK COVER ART
What Is a Crime?What Is a Crime?Section 3.2Section 3.2
Particular Crimes
Understanding Business and Personal Law
What Is a Crime? Section 3.1
Criminal Law
Why It’s Important
Learning how to distinguish among various crimes will help you understand criminal liability.
Understanding Business and Personal Law
What Is a Crime? Section 3.1
Criminal Law
Pre-Learning Question
What do you think are crimes against people?
Understanding Business and Personal Law
What Is a Crime? Section 3.1
Criminal Law
Some crimes can be specifically categorized as crimes against people.
Crimes Against People
Understanding Business and Personal Law
What Is a Crime? Section 3.1
Criminal Law
Murder is the unlawful killing of another human being with malice aforethought (thought about or planned beforehand).
Murder
Understanding Business and Personal Law
What Is a Crime? Section 3.1
Criminal Law
Manslaughter is the unlawful killing of another human being without malice aforethought.
Manslaughter
Understanding Business and Personal Law
What Is a Crime? Section 3.1
Criminal Law
Battery is the unlawful touching of another person.Assault is an attempt to commit battery.
Assault and Battery
Understanding Business and Personal Law
What Is a Crime? Section 3.1
Criminal Law
Kidnapping is the unlawful removal or restraint of a person against his or her will.
Kidnapping
Understanding Business and Personal Law
What Is a Crime? Section 3.1
Criminal Law
Sex offenses include statutory rape and sexual assault.
Sex Offenses
Understanding Business and Personal Law
What Is a Crime? Section 3.1
Criminal Law
Domestic violence is any reckless form of physical or mental abuse within a family or household.
Domestic Violence
Understanding Business and Personal Law
What Is a Crime? Section 3.1
Criminal Law
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.
Hate Crimes
Understanding Business and Personal Law
What Is a Crime? Section 3.1
Criminal Law
What is the difference between murder and manslaughter?
Understanding Business and Personal Law
What Is a Crime? Section 3.1
Criminal Law
ANSWER
Murder indicates malice aforethought and manslaughter does not.
Understanding Business and Personal Law
What Is a Crime? Section 3.1
Criminal Law
Pre-Learning Question
What do you think are crimes against property?
Understanding Business and Personal Law
What Is a Crime? Section 3.1
Criminal Law
Common crimes against property include burglary, larceny, embezzlement, robbery, arson, vandalism and shoplifting.
Crimes Against Property
Understanding Business and Personal Law
What Is a Crime? Section 3.1
Criminal Law
Burglary is the breaking and entering of homes and other places with the intent to commit a misdemeanor or a felony.
Burglary
Understanding Business and Personal Law
What Is a Crime? Section 3.1
Criminal Law
Larceny is the unlawful taking and carrying away of the personal property of another with the intent to deprive the owner of the property.
Larceny
Understanding Business and Personal Law
What Is a Crime? Section 3.1
Criminal Law
Embezzlement is the wrongful taking of another’s property by a person who has been entrusted with that property.
Embezzlement
Understanding Business and Personal Law
What Is a Crime? Section 3.1
Criminal Law
Robbery is the wrongful taking and carrying away of the personal property of another through violence or threats.
Robbery
Understanding Business and Personal Law
What Is a Crime? Section 3.1
Criminal Law
Arson is the willful and malicious burning of homes and other buildings.
Arson
Understanding Business and Personal Law
What Is a Crime? Section 3.1
Criminal Law
Vandalism is the willful or malicious damage to property.
Vandalism
Understanding Business and Personal Law
What Is a Crime? Section 3.1
Criminal Law
Shoplifting is the act of stealing goods from a store.
Shoplifting
Understanding Business and Personal Law
What Is a Crime? Section 3.1
Criminal Law
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
What Is a Crime? Section 3.1
Criminal Law
ANSWER
Embezzlement
Understanding Business and Personal Law
What Is a Crime? Section 3.1
Criminal Law
Pre-Learning Question
What do you think are motor vehicle violations?
Understanding Business and Personal Law
What Is a Crime? Section 3.1
Criminal Law
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.
Motor Vehicle Violations
Understanding Business and Personal Law
What Is a Crime? Section 3.1
Criminal Law
Pre-Learning Question
Why are alcohol, tobacco, and drugs considered controlled substances?
Understanding Business and Personal Law
What Is a Crime? Section 3.1
Criminal Law
3.2
Crimes Involving ControlledSubstances
Federal and stategovernments
control whomay or may not possess or use
alcoholtobaccodrugs
Understanding Business and Personal Law
What Is a Crime? Section 3.1
Criminal Law
Pre-Learning Question
What kind of crimes can a person commit with a computer?
Understanding Business and Personal Law
What Is a Crime? Section 3.1
Criminal Law
Computers and network devices have introduced new ways to commit crimes.Both federal and state statutes address this new legal problem.
Computer Crimes
Understanding Business and Personal Law
What Is a Crime? Section 3.1
Criminal Law
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.
Federal Computer Laws
Understanding Business and Personal Law
What Is a Crime? Section 3.1
Criminal Law
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.
State Computer Laws
Understanding Business and Personal Law
What Is a Crime? Section 3.1
Criminal Law
Some states have a detailed list of computer-related crimes including:
State Computer Laws
theft of computer servicesdestruction of equipmentmisuse of computer information
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