bell quiz on chapter 2 what court has original jurisdiction over most federal court cases?

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?



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



Criminal Law

Section 3.1What Is a Crime?

Section 3.2Particular Crimes

3Chapter Criminal Law



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.



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.



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.



Criminal Law

Felonies A felony is a major crime punishable by imprisonment or death. These include:

murdermanslaughterburglaryrobberyarson



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



Criminal Law

The American legal system consists of two systems:

Criminal Law in the American System

the state systemthe federal system



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



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.



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.



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)



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……..



Criminal Law

Elements of a Crime A crime is defined by two elements:

the criminal actthe required state of mind



Criminal Law

Most criminal statutes specifically explain conduct that is forbidden.

A criminal act must also involve voluntary conduct.

Criminal Act



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.



Criminal Law

Motive plays NO part in proving criminal liability.

Motive



Criminal Law

Pre-Learning Question

What do you think are defenses to a crime?



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.



Criminal Law

Defenses to Crimes Common defenses are:

insanityentrapmentself-defensedefense of family members



Criminal Law

Insanity American law recognizes that people cannot be held responsible for their actions if they do not know what they are doing.



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?



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.



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.



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.



Criminal Law

What part does motive play in proving criminal liability?



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



Criminal Law

Why It’s Important

Learning how to distinguish among various crimes will help you understand criminal liability.



Criminal Law


What do you think are crimes against people?



Criminal Law

Some crimes can be specifically categorized as crimes against people.

Crimes Against People



Criminal Law

Murder is the unlawful killing of another human being with malice aforethought (thought about or planned beforehand).

Murder



Criminal Law

Manslaughter is the unlawful killing of another human being without malice aforethought.

Manslaughter



Criminal Law

Battery is the unlawful touching of another person.Assault is an attempt to commit battery.

Assault and Battery



Criminal Law

Kidnapping is the unlawful removal or restraint of a person against his or her will.

Kidnapping



Criminal Law

Sex offenses include statutory rape and sexual assault.

Sex Offenses



Criminal Law

Domestic violence is any reckless form of physical or mental abuse within a family or household.

Domestic Violence



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



Criminal Law

What is the difference between murder and manslaughter?



Criminal Law

ANSWER

Murder indicates malice aforethought and manslaughter does not.



Criminal Law


What do you think are crimes against property?



Criminal Law

Common crimes against property include burglary, larceny, embezzlement, robbery, arson, vandalism and shoplifting.

Crimes Against Property



Criminal Law

Burglary is the breaking and entering of homes and other places with the intent to commit a misdemeanor or a felony.

Burglary



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



Criminal Law

Embezzlement is the wrongful taking of another’s property by a person who has been entrusted with that property.

Embezzlement



Criminal Law

Robbery is the wrongful taking and carrying away of the personal property of another through violence or threats.

Robbery



Criminal Law

Arson is the willful and malicious burning of homes and other buildings.

Arson



Criminal Law

Vandalism is the willful or malicious damage to property.

Vandalism



Criminal Law

Shoplifting is the act of stealing goods from a store.

Shoplifting



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?



Criminal Law

ANSWER

Embezzlement



Criminal Law


What do you think are motor vehicle violations?



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



Criminal Law


Why are alcohol, tobacco, and drugs considered controlled substances?



Criminal Law

3.2

Crimes Involving ControlledSubstances

Federal and stategovernments

control whomay or may not possess or use

alcoholtobaccodrugs



Criminal Law


What kind of crimes can a person commit with a computer?



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



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



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



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

bell quiz on chapter 2 what court has original jurisdiction over most federal court cases?

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