What is Criminal Law?. AGENDA March 11, 2013 Today’s topics Taking care of each other ...
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Transcript of What is Criminal Law?. AGENDA March 11, 2013 Today’s topics Taking care of each other ...
What is Criminal Law?
AGENDAMarch 11, 2013
Today’s topics Taking care of each other Introduction to Criminal Law
State of mind vs. Motive Elements of a crime Classes of crimes Parties to crimes Preliminary crimes
Homework Chapter 9: Read + Glossary terms
Take Care of Each Other
Most crimesrequire two things…
What are they?
State of Mind vs. MotiveState of Mind (Mens Rea) = intentMotive = the “why” or the reason a person
commits a crime
1 2 3 4 5A
pedestrian struck by a
car is injured
An elbow to the face results in a lost tooth
A house burns down
A Street Law
textbook is missing
A person does not show up for jury
duty
State of Mind vs. Motive 1. A guilty state of mind generally does not include acts done ___.
a. intentionally b. knowingly c. willfully d. carelessly
2. Which of the following includes an example of a motive?
a. Susan knowingly threw a lit cigarette out the car window. b. Cecil took the meat because he was hungry. c. Nate willfully drove 100 miles per hour. d. Tora intentionally walked out of the store without paying
for her items.
Elements of a Crime• 164.215 Burglary in
the second degree…a person commits the crime of burglary in the second degree if the person enters or remains unlawfully in a building with intent to commit a crime therein.
What are the elements?1. the person enters or
remains2. unlawfully 3. in a building 4. with intent to commit a
crime therein.
• Is there a mental state?
• What is the act that needs to occur?
Elements of a Crime
164.245 Criminal trespass in the second degree. A person commits the crime of criminal trespass in the second degree if the person enters or remains unlawfully in a motor vehicle or in or upon premises
What are the elements?1.the person enters or
remains2.unlawfully 3. in motor vehicle or in
or upon premises
• Is there a mental state?
Elements of a Crime
Mock Trial: Murder is the unlawful killing of a human being with malice aforethought.
What are the elements?1. unlawful killing2. of a human being3. with malice
aforethought
• Is there a mental state?
• What is the act that needs to occur?
Classes of CrimesState vs. Federal crimesoWhat is “double jeopardy”?
Felonyvs.
Misdemeanor
Parties to a CrimeProblem 8.2 -- Create chart in your notebook:
Work with your group to complete the chart
Character Involvement / Actions Which party?JebMarciCarlShawnDavid
Preliminary CrimesProblem 8.3:
Work with your group to answer questions A-D in your Portfolio
Homework
Before you leave Pick up your belongings &
any trash Straighten desks
Homework Chapter 9: Read + Glossary terms