+

Good Afternoon!

Do Now:

Construct your own definition of crime.

Discuss your definition with your “Do Now” Partner

September 15, 2015

+ What is Crime? Two different types of cases:

Civil Cases – individuals sue one another seeking compensation for injuries done to them.

Criminal Cases – the state prosecutes individuals for injuring society.

Criminal cases focus on whether a defendant has committed a crime and what an appropriate punishment is for that individual.

+Common Law

Common Law is judge-made. Instead of being created by a

legislature, it is based on legal precedents – court decisions – set by judges in earlier cases.

All states and federal governments have written criminal codes.

+Classifications of Offenses The common law divided crimes into

two categories Felonies and Misdemeanors

Felony Misdemeanor

A serious crime usually punished by one or more years of

imprisonment in a state or federal penitentiary.

A crime less serious than a felony, usually punished by a fine or imprisonment up to one year in a local

jail.

+Felony or

Misdemeanor? You will work with a partner to read and discuss the “Criminal Acts” worksheet.

For each act you must answer the following questions: Should the act described be a crime?

Why or Why not? If so, should it be a felony or

misdemeanor?

+ Partners:

Nina JT

HannahTaylor J

Justin Austin

Cayla Alyssa

Katie Julia

Scott Luke

Blerton Kaleigh

Mia Olivia

Matt Amber

Gianna Jason

Macie Lexi

Dan Taylor V Rebecca

h

+Elements of Crime

The Criminal Justice System carefully defines exactly what a crime is.

The system also takes care in defining what must be proven to convict a person of a crime.

Almost every crime has four basic elements.

Criminal (Prohibited) Act

Conduct prohibited by the law

Criminal IntentKinds

*Specific *General *Criminal

Negligence *Strict Liability

Concurrence of Act and Intent

Act and intent must be linked

CausationResult must be

caused by the act

+A Prohibited Act

The law does not punish people for having criminal thoughts alone – there must be an act attached.

In a few rare cases, failing to act is a crime when a person has a legal duty to act. EX. If a parent lets a child die of a long

illness without seeking medical help, it can be a crime.

+ Concurrence of the Act and the Intent

The person has to intend the act when it is committed.

EX. Seth WANTS to kill Nancy, but then he changes his mind and he forgets all about it. Two months later, he accidently kills Nancy when he drives his car into her. This is NOT legally murder because

the intent to kill is not linked to the act.

+Causation

The act has to cause the harmful result.

EX. Marge intended to kill Harry, and puts poison in his doughnut. As Harry reaches for the doughnut, he slips, falls, and hits his head and dies. Marge cannot be guilty of murder because she did not cause Harry’s death.

Criminal Intent Specific Intent General

Criminal Negligenc

e

Strict Liability

The person intended just the

result that happened. The person

did it on purpose.

The person knew the

result would happen or

consciously disregarded the extreme

likelihood that it would

happen

The person does an act

unintentionally but with an extreme lack

of care.

No mental state is

required at all

+ Groups:

Nina JT

Katie

HannahTaylor J Scott

Justin Austin

Blerton

Cayla Alyssa

Mia Olivia

Julia Matt

Amber

Luke Gianna Jason

KaleighMacie Lexi

Dan Taylor V Rebecca

h

+ Did they Commit Crimes?You will analyze five cases to

determine whether criminal conduct has taken place.

Read and Discuss the five cases provided.

Refer to the explanations about the four basic elements of crime - act, intent, concurrence of act and

intent and causation.