BUSINESS LAW Chapter 3 PowerPoint Notes & Assignment Criminal Law

Transcription

1 BUSINESS LAW Chapter 3 PowerPoint Notes & Assignment Criminal Law SECTION WHAT IS A CRIME? Classifications of Crimes ** is considered an act against the public good The ** is the person accused of a crime. The ** is the government attorney who presents the case in court against the defendant. The ** 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. Felonies A ** is a major crime punishable by imprisonment or death. These include: manslaughter burglary arson Misdemeanors A less serious crime with less severe penalty is a **. These include: without a license lying about one s age to purchase the scene of an automobile accident Criminal Law in the American System The American legal system consists of two systems: the system the system State Criminal Law Each state has inherent power allowing it to make statutes to protect public: safety welfare

2 Federal Criminal Law The federal government has police power. It can create criminal statutes only in areas over which it has jurisdiction, such as counterfeiting because it has the power to money. Because of the Commerce Clause of the U.S. Constitution, the federal government has the power to regulate among the states. As a result, federal criminal law must involve some sort of activity. Today, the federal government does have a criminal code and several police agencies, including: the Federal of Investigation (FBI) the Enforcement Agency (DEA) - betrayal of one's country Named and defined in the U.S. Constitution 5 th amendment; no person can be tried twice for the same crime. However.. Elements of a Crime A crime is defined by two elements: the act the required state of Criminal Act Most criminal statutes specifically explain that is forbidden. A criminal act must also involve conduct. Required State of Mind The definition of a crime can be changed based on the criminal s state of mind. Murder is the taking of a person s life. Involuntary manslaughter outlaws the _ taking of a person s life. Motive Motive plays part in proving criminal liability. Defenses to Crimes Defense attorneys try to show that the prosecution to prove the required elements for the crime charged to their client.

3 Common defenses are: entrapment defense of family members Insanity American law recognizes that people cannot be held responsible for their if they do not know what they are doing. About two-fifths of the U.S. use the M Naghten and the other three-fifths use the American Law Institute (ALI) test to determine insanity. Entrapment If a law enforcement officer a law-abiding citizen to commit a crime, the person can use a defense known as. Self-Defense When people have good reason to believe they are in danger of serious injury or death, they can use force to themselves. This is defense is known as self-defense. Defense of Family Members Using force to a family member from attack is another defense. As with self-defense, the rescuer must have reason to believe the victim was in danger of severe bodily harm or death. SECTION PARTICULAR CRIMES Crimes Against People Some crimes can be specifically categorized as crimes 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.

4 Assault and Battery **_ is the unlawful touching of another person. **_ is an attempt to commit battery. Kidnapping ** is the unlawful removal or restraint of a person against his or her will. Sex Offenses Sex offenses include statutory rape and sexual. Domestic Violence Domestic violence is any reckless form of or mental abuse within a family or household. Hate Crimes Actions using certain symbols, writings, pictures, or spoken words to cause or anger in people because of their, religion, color, or are known as hate crimes. Crimes Against Property Common crimes against include burglary, larceny, embezzlement, robbery, arson, vandalism and shoplifting. 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.

5 Vandalism ** is the willful or malicious damage to property. Shoplifting ** is the act of stealing goods from a store. Motor Vehicle Violations Drag racing the unauthorized racing of vehicles side by side and the timing of vehicles that separately run a prearranged course. Joyriding taking temporarily a motor vehicle the owner s permission. Computer Crimes _ and network devices have introduced new ways to commit crimes. Both federal and statutes address this new legal problem Federal Computer Laws The Computer Fraud and Abuse Act is aimed at computer. The National Information Infrastructure Act outlaws the extortion of money or other favors in exchange for not causing a computer system to. State Computer Laws Computer trespass using a computer for any crime. Computer 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 of equipment of computer information

6 Chapter 3 Assignment Criminal Law Section 3.1 True/False Directions: Indicate whether each of the following statements is True or False. Write out the word. 1. A felony is a minor crime. 2. Insanity is recognized as a valid legal defense. 3. Entrapment is no longer recognized as a valid legal defense. 4. Defense of family members is recognized as a valid legal defense. 5. A crime is an offense against the public at large. Section 3.1 You re the Judge Directions: For each of the following cases, indicate your decision (Yes or No). Then, in your own words, state the ethical or legal principle or reason that applies in the case. 1. Debra Alexander was arrested for aggravated assault after she allegedly attacked a stranger in the park. She argues that the prosecution will be unable to convict her because she had no motive for the attack. Is she correct? Explain. 2. Frank Mandrake returned to his apartment one evening to find his son being attacked in the kitchen. Fred hit and severely injured his son s attacker. Does Fred have a valid legal defense? Explain. Section 3.1 Assessment Questions On your own paper, write or type your answers to Assessment questions 1-4 page 61. Keep it for your Unit packet.

7 Section 3.2 True/False Directions: Indicate whether each of the following statements is True or False. Write out the word. 1. The killing of one human being by another is always known as murder. 2. Involuntary manslaughter occurs when someone while committing an unlawful or reckless act kills another unintentionally. 3. Assault is the unlawful touching of another person. 4. Robbery is the wrongful and violent taking of personal property. 5. Fines are used to punish offenders when their crime is considered a lesser offense. Section 3.2 You re the Judge Directions: For each of the following cases, indicate your decision (Yes or No). Then, in your own words, state the ethical or legal principle or reason that applies in the case. 3. While driving an automobile 65 miles per hour in a zone in which the speed limit was 40 miles per hour, Terri Charlton accidentally struck and killed a child. Has she committed second-degree murder? Explain. 4. Doreen Levesque, while shopping at a local store, took an item of merchandise from the counter and intentionally walked out without paying for it. Has she committed robbery? Explain. Section 3.2 Assessment Questions On your own paper, write or type your answers to Assessment questions 1-4 page 73. Keep it for your Unit packet.