Bell Ringer

• What is a judge?

• What is entrapment?

• What is arson?

CH 3: Criminal law

What is a crime?

• An action or omission that constitutes an offense that may be prosecuted by the state and is punishable by law.

Roles of people in a courtroom

• Judge - The person who hears cases and makes decisions in the County Court and Supreme Court.

• Plaintiff, complainant or applicant - The person who initiates the case in a non-criminal (civil) matter.

• Prosecutor - The person who appears in court to present the case against the defendant in a criminal hearing.

• Defendant – This is the individual accused of committing the crime.

• Defense Counsel – This is the lawyer representing the defendant.

• Jury – A specific number of people selected prescribed by law to render a verdict in a trial.

Felony vs. Misdemeanor• If a law provides for

imprisonment for longer than a year or death, it is usually considered a felony.

• Some states call felonies “high misdemeanors”

• If the potential punishment is for a year or less, then the crime is considered a misdemeanor.

Difference between State Criminal Law and Federal Criminal Law

• Federal laws apply to everyone in the United States.

• State laws apply to people who live or work in a particular state, commonwealth, territory, county, city, municipality, town, township or village.

Federal laws are rules that apply throughout the United States. These laws apply in every state, such as:• Immigration law• Bankruptcy law• Social Security and Supplemental Security Income

(SSI) laws• Federal anti-discrimination and civil rights laws that

protect against racial, age, gender and disability discrimination

• Patent and copyright laws

There are 50 states within the United States each has its own system of laws and courts• Criminal matters• Divorce and family matters• Welfare, public assistance or Medicaid matters• Wills, inheritances and estates• Real estate and other property• Business contracts• Personal injuries such as from a car accident or medical

malpractice• Workers compensation for injuries at work

Treason & Double Jeopardy

• Treason is the crime of betraying one's country, esp. by attempting to kill the sovereign or overthrow the government.

• Double jeopardy prohibits the government from prosecuting individuals more than one time for a single offense and from imposing more than one punishment for a single offense.

Elements of a crime

• The elements of a crime are a series of components which must be present in order for it to be demonstrated that someone is guilty of a crime.

• The prosecution must provide supporting evidence to demonstrate that all of the parts of a crime are present in a given case and the defense can challenge the validity of a case on one or more elements.

• A crime has multiple elements: the criminal act, the required state of mind, and the motive

• Criminal Act: 2 parts– It must directly violate some

statute (Don’t steal things)– The act must be voluntary

• Required State of Mind– Certain statutes define an

individuals state of mind. If an act is intentional the crime that one could be charged with is different than an accidental crime

• Motive– Motive does not play a huge role

in convicting an individual of a crime if the other two parts of a crime can be established

Defenses against a

crime

• I Didn't Do It – The most basic defense to any

criminal charge is to simply prove that you didn't do it.

• Insanity– US law states a person can not be held

guilty for a crime if they do not know what they are doing

– The American Law Institute (ALI) defines insanity as, “a result of mental disease or defect he or she lacks substantial capacity either to appreciate the criminal conduct or to conform his conduct to the requirements of the law”

– If Found not guilty by reason of insanity the individual is required to undergo mental evaluations.

• Entrapment– If a law abiding individual is

convinced by a cop to commit a crime (but the defense must be able to prove that the person would not have broken the law)

• Self Defense– If a person believes themselves

to be in danger of serious injury or death

• Defense of Family Members– If a person believes a family

member to be in danger of serious injury or death they can defend them

Crimes against people

• Murder is the unlawful killing of another human being with malice aforethought.

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

• Battery is the unlawful touching of another person.

• Assault is an attempt to commit battery.

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

More crimes against people• Sex offenses include statutory

rape and sexual assault.• Domestic violence is any

reckless form of physical or mental abuse within a family or household.

• Hate Crimes are using certain symbols, writings, pictures, or spoken words to cause fear or anger in people because of their race, religion, color, or gender.

Crimes against property • Burglary is the breaking and entering

of homes and other places with the intent to commit a misdemeanor or a felony.

• Larceny is the unlawful taking and carrying away of the personal property of another with the intent to deprive the owner of the property.

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

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

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

• Vandalism is the willful or malicious damage to property.

• Shoplifting is the act of stealing goods from a store.

Motor vehicle violations for teenagers • In Florida if you refuse to

take a chemical test you can get your license suspended up to a year or more.

• Depending on what your test comes back as, you can get jail time, suspended license, a fine, be asked to join a help program or even a vehicle impound

Computer Crimes: Federal & State Level • The Computer Fraud and

Abuse Act is aimed at computer hackers.

• Computer fraud statutes make it an offense to use a computer to acquire property, services, or money by fraud.

• Some states have a detailed list of computer-related crimes including: theft of computer services, destruction of equipment and misuse of computer information