3Chapter SECTION OPENER / CLOSER: INSERT BOOK COVER ART What Is a Crime? Chapter 3: Crimes & Torts

33ChapterChapter

SECTION OPENER / CLOSER:INSERT BOOK COVER ART

What Is a Crime?What Is a Crime?Chapter 3: Crimes & TortsChapter 3: Crimes & Torts

Understanding Business and Personal Law

What Is a Crime? What Is a Crime? Section 3.1Section 3.1

Criminal Law

What You’ll Learn

How to tell the difference between How to tell the difference between serious and less serious crimes (p. 56)serious and less serious crimes (p. 56)

How to explain the difference between How to explain the difference between state and federal law (pp. 56 & 57)state and federal law (pp. 56 & 57)



Criminal Law

What You’ll Learn

How to explain the elements of a crime How to explain the elements of a crime (p. 58)(p. 58)

How to define the various defenses to How to define the various defenses to criminal liability (p. 59)criminal liability (p. 59)



Criminal Law

Why It’s Important

Learning the essence of criminal law, the Learning the essence of criminal law, the types of crimes that can be committed, and types of crimes that can be committed, and the nature of criminal defense will help you the nature of criminal defense will help you understand our criminal justice system.understand our criminal justice system.



Criminal Law

Classifications of Crimes FeloniesMisdemeanors

Section OutlineSection Outline

Criminal Law in the American System

State Criminal LawFederal Criminal Law



Criminal Law

Elements of a Crime Criminal ActRequired State of Mind Motive




Criminal Law

Defenses to Crimes InsanityEntrapmentSelf-DefenseDefense of Family Members




Criminal Law

Classifications of Crimes Classifications of Crimes Crime is considered an act against the public good.The 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 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 Felonies A felony is a major crime punishable by imprisonment or death. These include:

MurderManslaughterBurglaryRobberyArson



Criminal Law

Misdemeanors Misdemeanors A less serious crime with less sever 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 Criminal Law in the American System American System

The state system, andThe federal system.



Criminal Law

State Criminal Law State Criminal Law Each state has inherent police power allowing it to make statutes to protect public:

HealthSafetyWelfareMorals



Criminal Law

Federal 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 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 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

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

The criminal act, andThe 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 Act



Criminal Law

The definition of a crime can be changed based on the criminal’s state of mind.

Required 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 Motive



Criminal Law

Pre-Learning Question Pre-Learning Question

What do you think are defenses to a crime?



Criminal Law

Defenses to Crimes 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 Defenses to Crimes Common defenses are:

InsanityEntrapmentSelf-defenseDefense of family members



Criminal Law

Insanity 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 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.



Criminal Law

Entrapment 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 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 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

Reviewing What You Learned

1. What determines the difference between a felony and a misdemeanor?

Section 3.1 Assessment



Criminal Law


Felonies are more serious than misdemeanors and are distinguished by longer, more severe penalties.


Answer



Criminal Law


2. How do state and federal criminal law differ?




Criminal Law


State governments have inherent police power. It can make statutes to protect the public.


Answer



Criminal Law


The federal government has no police power and can create criminal statutes only in those areas over which it has jurisdiction.


Answer



Criminal Law


3. What are the elements of a crime?




Criminal Law


The criminal act and the required state of mind.


Answer



Criminal Law


4. What are the major criminal defenses?




Criminal Law


Insanity, entrapment, self-defense, and defense of family members.


Answer



Criminal Law


Critical Thinking ActivityLegal DefensesWhy is it crucial to understand the different defenses to criminal liability?



Criminal Law


In order to properly represent his or her client, an attorney must have a proper understanding of the different defenses to criminal liability.

Critical Thinking Activity AnswerLegal Defenses

33ChapterChapter


What Is a Crime?What Is a Crime?End of Section 3.1End of Section 3.1

33ChapterChapter


What Is a Crime?What Is a Crime?Section 3.2Section 3.2



Criminal Law

What You’ll Learn

How to define major crimes against How to define major crimes against people (p. 62)people (p. 62)

How to define major crimes against How to define major crimes against property (p. 66)property (p. 66)



Criminal Law

What You’ll Learn

How to define major crimes that involve How to define major crimes that involve controlled substances (p. 71)controlled substances (p. 71)

How to define major crimes that involve How to define major crimes that involve computers (p. 71)computers (p. 71)



Criminal Law


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



Criminal Law

Crimes Against People MurderManslaughterAssault and BatteryKidnappingSex OffensesDomestic ViolenceHate Crimes




Criminal Law

Crimes Against Property BurglaryLarcenyEmbezzlementRobberyArsonVandalismShoplifting




Criminal Law

Motor Vehicle ViolationsSection OutlineSection Outline

Crimes Involving Controlled Substances

AlcoholDrugs



Criminal Law

Computer Crimes Federal Crimes and LawsState Crimes and Computers




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 Crimes Against People



Criminal Law

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

Murder Murder



Criminal Law

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

Manslaughter Manslaughter



Criminal Law

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

Assault and Battery Assault and Battery



Criminal Law

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

Kidnapping Kidnapping



Criminal Law

Sex offenses include statutory rape and sexual assault.

Sex Offenses Sex Offenses



Criminal Law

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

Domestic Violence 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 Hate Crimes



Criminal Law

What is the difference between murder and manslaughter?



Criminal Law

ANSWERANSWER

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 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 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 Larceny



Criminal Law

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

Embezzlement Embezzlement



Criminal Law

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

Robbery Robbery



Criminal Law

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

Arson Arson



Criminal Law

Vandalism is the willful or malicious damage to property.

Vandalism Vandalism



Criminal Law

Shoplifting is the act of stealing goods from a store.

Shoplifting 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

ANSWERANSWER

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 Motor Vehicle Violations



Criminal Law


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



Criminal Law

3.23.2

Crimes Involving ControlledCrimes Involving ControlledSubstances Substances

Federal Federal and and statestategovernmentsgovernments

control whocontrol whomay or may may or may not possess not possess or useor use

alcoholalcoholtobaccotobaccodrugsdrugs



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 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 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 State Computer Laws



Criminal Law

Some states have a detailed list of computer-related crimes including:

State Computer Laws State Computer Laws

Theft of computer servicesDestruction of equipmentMisuse of computer information



Criminal Law


1. What are the major crimes committed against people?




Criminal Law


Murder, manslaughter, assault, battery, kidnapping, sex offenses, domestic violence, and hate crimes.


Answer



Criminal Law


2. What are the major crimes committed against property?




Criminal Law


Burglary, larceny, embezzlement, robbery, arson, vandalism, and shoplifting.


Answer



Criminal Law


3. What are the major crimes that involve controlled substances?




Criminal Law


Those associated with drugs and alcohol.


Answer

33ChapterChapter



33ChapterChapter


What Is a Crime?What Is a Crime?Section 4.1Section 4.1



Criminal Law

Section 4.1Section 4.1Intentional Torts Intentional Torts

Section 4.2Section 4.2Negligence and Strict Liability Negligence and Strict Liability

44ChapterChapter The Law of TortsThe Law of Torts



Criminal Law

What You’ll Learn

How to tell the difference between a How to tell the difference between a crime and a tort (p. 80)crime and a tort (p. 80)

How to explain the nature of tort law (p. How to explain the nature of tort law (p. 80) 80)



Criminal Law


Learning the difference between a tort and Learning the difference between a tort and a crime, as well as the types of intentional a crime, as well as the types of intentional torts, will help you understand how the torts, will help you understand how the justice system protects people from injury.justice system protects people from injury.



Criminal Law

The Difference Between Criminal Law and Tort Law

Intentional Torts Assault and BatteryTrespassNuisance




Criminal Law

Intentional Torts, continued False ImprisonmentDefamationInvasion of Privacy




Criminal Law


What is the difference between criminal law and tort law?



Criminal Law

A crime is an act against not only a specific individual, but the general welfare, as well.A tort is a private wrong committed by one person against another.

The Difference Between The Difference Between Criminal Law and Tort Law Criminal Law and Tort Law



Criminal Law

A tort will lead the wronged party to try and recover money as compensation for the loss or injury suffered.




Criminal Law

A tort does not, however, call upon the government to punish the wrongdoer.




Criminal Law

The law of torts is grounded in the concept of rights.Under tort law all people are entitled to certain rights.

The Concept of Rights The Concept of Rights



Criminal Law

These include the right to:


Be free from bodily harm.Enjoy a good reputationConduct business without unwarranted interference.



Criminal Law

The law imposes a duty on all of us to respect the rights of others.Tort law governs this interplay between rights and duties.




Criminal Law


What is an intentional tort?



Criminal Law

Intentional Torts Intentional Torts Torts can be committed either intentionally or unintentionally.An intentional tort occurs when a person knows and desires the consequences of his or her act.



Criminal Law

Assault and Battery Assault and Battery The tort of assault occurs when one person deliberately leads another person to believe that he or she is about to be harmed.The tort of battery involves the unlawful, unprivileged touching of another person.



Criminal Law

Assault and Battery Assault and Battery The tort of assault is different from the crime of assault.

The victim of a tort assault must know that the tortfeasor meant to commit harm.A tortfeasor is the person who committed the tort.



Criminal Law

Trespass Trespass A trespass is the wrongful damage to or interference with the property of another.



Criminal Law

Nuisance Nuisance The tort of nuisance is anything that interferes with the enjoyment of life or property.



Criminal Law

False Imprisonment False Imprisonment Law enforcement officers must have probable cause or a warrant to arrest someone, or they can be sued for false imprisonment, or false arrest.



Criminal Law

Defamation Defamation Defamation is the wrongful act of injuring another’s reputation by making false statements.Libel is a false statement in written form.Slander is a false statement made orally to a third party.



Criminal Law

Invasion of Privacy Invasion of Privacy Invasion of privacy is interfering with a person’s right to be left alone, which includes the right to be free from unwanted publicity and interference with private matters.



Criminal Law


1. What is the difference between a crime and a tort?




Criminal Law


2. What concept is at the heart of tort law?




Criminal Law


The law of torts is grounded in the concept of rights.


Answer



Criminal Law


4. What are the most common intentional torts?




Criminal Law


Assault, battery, trespass, nuisance, false imprisonment, defamation, and invasion of privacy.


Answer



Criminal Law


Critical Thinking ActivityTort LawIf criminal law is responsible for dealing with individuals who commit wrongful acts, what purpose does tort law serve? Why do you need to understand the different intentional torts?



Criminal Law


Tort law compensates victims, and in order to properly represent his or her client as a tortfeasor or a victim, an attorney must have a proper understanding of the different intentional torts.

Critical Thinking Activity AnswerTort Law



Criminal Law


Legal Skills in ActionComputer PrivacyMany people, businesses, and government agencies today have increased access to computers. Although this access may be of great convenience, it is also a source of danger, especially to privacy.



Criminal Law


Legal Skills in ActionComputer PrivacyWrite a research paper in which you trace the development of the computer along with the increased threat to privacy represented by its development.



Criminal Law


Reports will vary, but should cite sources to support their findings.

Legal Skills in Action AnswerComputer Privacy

33ChapterChapter



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3Chapter SECTION OPENER / CLOSER: INSERT BOOK COVER ART What Is a Crime? Chapter 3: Crimes & Torts