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Objective 02.02 Criminal Law. Essential Questions. What is crime? What are the possible punishments for a crime? Who are the participants of a trial? What are the classifications of a crime? What are the elements of a crime?. Crime . An act against the public good

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essential questions
Essential Questions
  • What is crime?
  • What are the possible punishments for a crime?
  • Who are the participants of a trial?
  • What are the classifications of a crime?
  • What are the elements of a crime?

BL02.02 PPT 1

crime
Crime
  • An act against the public good

NOTE: Each statute that defines a crime must specifically explain the conduct that is forbidden by that statute.

    • No act can be considered a crime unless it is prohibited by the law of the place where it is committed and unless the law provides for the punishment of offenders.

BL02.02 PPT 1

4 punishments for a crime
4 Punishments for a Crime?
  • Imprisonment
  • Fine
  • Probation
  • Community Service
  • Combination of the above

BL02.02 PPT 1

participants of a trial
Participants of a Trial
  • Plaintiff? (2)
    • Government
    • Prosecutor (attorney representing the state)
  • Defendant (1)
    • Person accused of the crime

BL02.02 PPT 1

classifying a crime
Classifying a Crime
  • According to Seriousness
    • What is the most serious?
      • Felony – major crime punishable by imprisonment or death
    • What is less serious?
      • Misdemeanor – less serious crime punishable by

fine and/or probation

BL02.02 PPT 1

elements of a crime
Elements of a crime
  • Criminal Act
    • Must violate a statute (law passed by legislative body)
  • Required state of mind
    • Depends on crimes definition
  • Motive is NOT required

BL02.02 PPT 1

assignment
Assignment
  • List 25 crimes
  • Classify into crimes against people, property, or business (White Collar)

BL02.02 PPT 1

types of crimes
Types of Crimes
  • Crimes Against People
  • Social Crimes
  • Crimes Against Property
  • Business crimes (White Collar)

BL02.02 PPT 1

crimes against people
Crimes Against People
  • Murder (unlawful killing of another human being with malice aforethought (premeditation))
    • Malice aforethought
      • 1st degree—aggravated (premeditated, cruelty, torture, rape, robbery, kidnapping)
      • 2nd degree—non of the above conditions apply
  • Manslaughter (unlawful killing of another human being without malice aforethought (premeditation))
    • Voluntary
      • Intentional
    • Involuntary
      • Occurs while committing an unlawful or reckless act

BL02.02 PPT 1

crimes against people continued
Crimes Against People-continued
  • Assault - Attempt to commit battery (pointing or shooting at someone)
    • Aggravated (Usually felony)-using deadly weapon with intent
    • Simple (misdemeanor)
  • Battery (unlawful touching of another person
    • Hitting
  • Kidnapping
    • Unlawful removal or restraint against person’s will
  • Sex offenses (sexual assault & misconduct)
    • Statutory rape, Date rape (acquaintance rape)

BL02.02 PPT 1

social crimes
Social Crimes
  • Federal/State governments have the right to regulate health, safety, welfare, and morals of the people.
    • Drug Use
      • illegal and harmful substances
      • Addiction-inability to function normally
    • Alcohol Use
    • Domestic Violence
      • Physical or mental abuse

BL02.02 PPT 1

crimes against property
Crimes Against Property
  • Burglary- The breaking and entering of a house with the intention of stealing something
  • Larceny-the crime of taking someone’s property without the use of force but with the intention of never returning it.
  • Embezzlement -the crime of taking property that has been entrusted to you
  • Robbery-the crime of taking property from someone by threat or force.
  • Arson-willful and malicious burning of the dwelling house of another or a building other than a dwelling

BL02.02 PPT 1

crimes against business
Crimes Against Business
  • Characteristics of “White Collar Crimes”
      • Usually involve fraud
      • Usually non-violent
    • Larceny by False Pretenses-
      • Intended to mislead or defraud
      • Induce victim to rely on them
      • Example: con artists, identity theft
    • Forgery
      • False making or changing of a writing with intent to fraud.

BL02.02 PPT 1

crimes against business continued
Crimes Against Business, continued
  • Bribery
    • Giving something of value to influence
  • Extortion
    • Unjustly taking of money or thing of value
  • Computer Crimes
    • Illegally using hardware/software by copying and/or taking data from web sites or programs without prior permission

BL02.02 PPT 1

essential questions1
Essential Questions
  • List and explain the defense used in criminal cases.
  • What happens after a person is convicted by a jury?

BL02.02 PPT 1

defenses to a crime
Defenses to a Crime

Insanity

  • Must prove the M’Naughten Rule

“At the time of the crime, was the defendant suffering from a mental disease so serious that he or she did not know what they were doing was wrong”

  • If not guilty, what happens?

Must serve time in a mental institution until determined to be stable.

BL02.02 PPT 1

defenses to a crime continued
Defenses to a Crime, continued

Entrapment

  • Induced into breaking the law by a law enforcement officer

BL02.02 PPT 1

defenses to a crime continued1
Defenses to a Crime, continued

Self-Defense

  • Defending yourself from danger
  • Must retreat, if possible

BL02.02 PPT 1

defenses to a crime continued2
Defenses to a Crime, continued

Defense of Family Members

  • Person has the right to rescue a family member who is being attacked.

BL02.02 PPT 1

punishment
Punishment
  • Fines-payment of specified amount of money as penalty for committing crime.
  • Imprisonment –indefinite or indeterminate sentences
    • Mandatory Sentencing
    • What is the only thing a judge cannot do?
      • Not allow you to see a family member.

BL02.02 PPT 1

punishment continued
Punishment, continued
  • Death Penalty
    • Three (3) Phases
      • Jury determines guilt or innocence
      • Pre-sentence Hearing (Judge/jury listens to arguments, examines evidence)
      • Appeal to the Highest Court

BL02.02 PPT 1

computer laws
Computer Laws
  • The National Information Infrastructure Protection Act of 1996 was enacted as part of Public Law 104-294.
  • It amended the Computer Fraud and Abuse Act of 1986.

BL02.02 PPT 1

computer crimes
Computer Crimes

Illegally using hardware and software by misuse of equipment, copying, and/or taking data from web sites for personal use without prior permission.

  • Research information regarding The Melissa virus.
    • Provide details on who, what, when, where, why and how.
    • Discuss the three documents relating to this virus.
  • Piracy
  • Hacking

BL02.02 PPT 1

telecommunication law or cyber law
Telecommunication Law or Cyber Law
  • Telecommunication law or Cyber law governs the legal issues of cyberspace.
  • These terms are not restricted to the Internet.
  • The terms include:
    • computers
    • computer networks
    • the Internet data software etc.

BL02.02 PPT 1

telecommunication law cyber law continued
Telecommunication Law/Cyber Law, continued
  • Cyber law encompasses laws relating to: 1. Electronic and Digital Signatures 2. Computer Crime 3. Intellectual Property 4. Data Protection and Privacy 5. Telecommunications Laws

BL02.02 PPT 1