CHAPTER 2

2-1CRIMES AND CRIMINAL JUSTICE

WHAT DO YOU THINK THE FOLLOWING

VOCABULARY TERMS IN THIS CHAPTER

MEAN

HOW WOULD YOU DEFINE THE FOLLOWING WORDS?

INTENTMOTIVE

IMPULSE

INTENT

MEANS PURPOSE

MOTIVE

MEANS THAT WHICH INWARDLY MOVES A PERSON A CERTAIN

WAY

IMPULSE

MEANS STIMULUS IN THE MIND ARISING FROM SOME FEELING

CRIMEAN OFFENSE COMMITTED AGAINST

THE PUBLIC GOOD, OR SOCIETY

--PEOPLE CONVICTED OF A CRIME CAN BE FINED, IMPRISONED, OR

IF LEGAL IN THEIR STATE, SENTENCED TO DEATH

DEFENDANTA PERSON WHO IS ACCUSED OF

A CRIME

PLAINTIFF

PARTY THAT ACCUSES A PERSON OF A CRIME

--The state or the federal government, whomever is representing the public,

is the plaintiff--

PROSECUTORTHE GOVERNMENT OFFICIAL WHO

BRINGS THE CASE AGAINST THE DEFENDANT

In some states, this prosecutor is the DISTRICT ATTORNEY

The prosecutor represents the people, or the public, in a criminal case

A FELONYIS A MAJOR CRIME

*********--PUNISHABLE BY FINE,

IMPRISONMENT, OR BOTH

--MAY ALSO BE CALLED A HIGH MISDEMEANOR

SERIOUS CRIMES ARE PROSECUTED IN COURTS AND RELY ON PHYSICAL EVIDENCE AND TESTIMONIES OF WITNESSES AND EXPERTS

SOME EXAMPLES OF FELONIES---

*ROBBERY*RAPE

*AGGRAVATED BATTERY*ARSON

*DRUG POSSESSION*BURGLARY

*MURDER (Most Serious Felony)

PEOPLE CONVICTED OF A FELONY MAY ALSO BE LIABLE

FOR A CIVIL PENALTY AWARDED TO THE VICTIM OR

THE VICTIM’S FAMILY

Example: Rape Victim May Be Able To Sue The Defendant To Recover The Costs Of

Medical Bills And Counseling

A MISDEMEANORIS A LESS SERIOUS CRIME

Usually punishable by a fine, jail time or both

Jail time is normally less than ONE year

Jail time spent in a smaller, county jail, rather than a state penitentiary

INFRACTIONA MINOR OFFENSE THAT IS USUALLY

PUNISHABLE WITH A FINE AND NOT WITH JAIL TIME

--SOMETIMES CALLED MINOR MISDEMEANORSOR PETTY CRIMES (of small importance or

secondary in rank)

Example: Minor traffic violations

CRIMINAL LAW IN THE U.S. LEGAL SYSTEM

**Both federal and state courts have the power to make and enforce criminal laws, but the

POWERS of each are different**

FEDERAL CRIMINAL LAW

--U. S. Constitution limits the powers of the federal government, therefore, the

federal government cannot make criminal laws, but there are exceptions:

*Make Laws Against Counterfeiting Money

*Power To Create Its Own Police Force (FBI)

COMMERCE CLAUSE IN U. S. CONSTITUTION SAYS THE U. S. CONGRESS CAN REGULATE INTERSTATE COMMERCE, OR BUSINESS THAT CROSSES STATE LINES. THEREFORE, FEDERAL CRIMINAL LAW USUALLY INVOLVES COMMERCE AMONG THE STATES.

STATE CRIMINAL LAW

EACH STATE GOVERNMENT HAS THE POWER TO MAKE CRIMINAL LAWS. THAT POWER IS

CALLED THE STATE’S POLICE POWER.

DEFINITIONS AND NAMES OF CRIMES MAY BE DIFFERENT FROM STATE TO STATE—

Example: a crime may be called a theft in one state, but may be called stealing in another

ELEMENTS OF A CRIME

Could you be convicted of a crime if the state cannot prove

you had a motive??

A CRIME IS MADE UP OF

ELEMENTS—

1. THE CRIMINAL ACT2. THE REQUIRED STATE OF MIND

CRIMINAL ACTMUST DESCRIBE THE SPECIFIC CONDUCT THAT

THE LAW FORBIDS(Ex. Definition of theft is stealing another person’s property OR robbery is

stealing another person’s property through violence or the threat of violence)

SOME CRIMINAL LAWS MAKE NOT DOING SOMETHING A CRIME

(Ex. Not paying taxes that are owed)

CRIMINAL ACT MUST BE VOLUNTARY; NOT A PERSON’S CONDITION

(Ex. Not a crime to be an alcoholic, because alcoholism is a condition—not an act. However, the government may create laws that make it a crime to

operate a vehicle while under the influence of alcohol)

REQUIRED STATE OF MIND*THE LAW DEFINING MURDER FORBIDS THE INTENTIONAL TAKING OF A PERSON’S LIFE—

THE REQUIRED MENTAL STATE IS INTENT.

*THE LAW DEFINING INVOLUNTARY MANSLAUGHTER FORBIDS THE NEGLIGENT

TAKING OF SOMEBODY’S LIFE—THE REQUIRED MENTAL STATE IS NEGLIGENCE.

IN BOTH CASES, CRIMINAL ACT IS TAKING A PERSON’S LIFE AND THE MENTAL STATE IS THE

INTENTION IN ONE CASE OR THE CARELESSNESS IN TAKING ANOTHER

PERSON’S LIFE IN THE OTHER.

MOTIVE plays part in proving that a person committed a crime.

*********All that is needed is to prove that a defendant committed a CRIMINAL ACT WITH the REQUIRED STATE OF MIND

DEFENSES TO CRIMES• INSANITY

• ENTRAPMENT

• SELF-DEFENSE

• DEFENSE OF FAMILY MEMBERS

INSANITYAN INSANITY DEFENSE REQUIRES

THAT THE PERSON DID NOT KNOW THE DIFFERENCE

BETWEEN RIGHT AND WRONG WHEN HE/SHE COMMITTED THE

CRIME

The oldest legal test of insanity is called M’Naghten Rule. This goes back to an

1834 English case when M’Naghten was acquitted for killing the Prime Minister’s

secretary because he was insane and did not know what he was doing.

*******Under this rule, a defendant must have a

mental disease so serious that he/she does not know the difference between right

and wrong when he or she commits the crime.

Another test used by some states is the IMPULSE test.

**********Under this rule, the defendant must have a mental disease that makes telling the difference between right and wrong impossible or makes the

defendant unable to stop him/herself from committing the

crime.

The American law Institute (ALI) has a more modern test for insanity.

***********Under ALI rule, the defendant must have a mental disease so serious that they lack substantial capacity either to appreciate the criminality of the conduct or to conform the

conduct to the requirements of law.

People who are found not guilty by reason of insanity DO NOT go free.

They go to a mental institution to receive treatment and are released

when found to be sane.

They are then required to serve their punishment.

In a criminal case, the defense tries to show that the prosecution failed to prove the required elements of the

crime.

• What element of a crime does the insanity defense seek to eliminate??

The Required State of Mind

ENTRAPMENTA PERSON WAS TALKED INTO OR TRICKED BY A LAW ENFORCEMENT

OFFICIAL INTO COMMITTING A CRIME THEY WOULD NOT OTHERWISE HAVE

COMMITTED.

SELF-DEFENSEUSING FORCE TO PROTECT YOURSELF WHEN BELIEVING YOU ARE IN DANGER

OF BEING HURT OR KILLED

**In some states, the person using self-defense must try to run away first, but is NOT

necessary if it happens in their own home**

Cannot use this if the confrontation was initiated by the person or if they continue to use force even

after the danger is gone

DEFENSE OF FAMILY MEMBERS

USING FORCE TO PROTECT A FAMILY MEMBER IF THERE IS GOOD REASON TO

BELIEVE THE VICTIM WAS IN DANGER OF SEVERE BODILY INJURY OR DEATH

CANNOT be used if the crime occurs after the threat of harm has passed

ADDITIONAL DEFENSES IN WISCONSIN

• Under the Influence of Drugs or Alcohol

– Defendant can argue that their mental

functioning was so impaired that they cannot

be held accountable for their actions.

– Does not excuse criminal conduct.

– Only a partial defense—would not require

proof of intent.

ADDITIONAL DEFENSES IN WISCONSIN

• Alibi–Defense consists of evidence that

defendant was somewhere other than the scene of the crime at the time it was committed

– It is a respectable defense.

CRITICAL THINKING—Sam and Wade are walking home after school when they are attacked by two

gang members. Sam and Wade overpower their attackers. Sam knocks his attacker to the ground and sits on him until the police arrive, but Wade keeps hitting his attacker in the head even after he is

lying on the ground unconscious.

Can Sam claim self-defense? Can Wade? Explain.