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Section 3.1
What Is a Crime?

Section
WhatCriminal
Is a Crime?
Chapter3.1 3
Law

Section 3.1
What Is a Crime?
Section 3.2
Particular Crimes

Understanding Business and Personal Law

Criminal Law

Section 3.1 What Is a Crime?

What Youll Learn
How to tell the difference between
serious and less serious crimes (p. 56)
How to explain the difference between
state and federal law (pp. 56 & 57)

Understanding Business and Personal Law

Criminal Law

Section 3.1 What Is a Crime?

What Youll Learn
How to explain the elements of a crime
(p. 58)
How to define the various defenses to
criminal liability (p. 59)

Understanding Business and Personal Law

Criminal Law

Section 3.1 What Is a Crime?

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

Understanding Business and Personal Law

Criminal Law

Section 3.1 What Is a Crime?

Legal Terms
crime (p. 56)
plaintiff (p. 56)
prosecutor (p. 56)
defendant (p. 56)
felony (p. 56)
misdemeanor (p. 56)
Understanding Business and Personal Law

Criminal Law

Section 3.1 What Is a Crime?

Section Outline
Classifications of Crimes
Felonies
Misdemeanors

Criminal Law in the American

System
State Criminal Law
Federal Criminal Law
Understanding Business and Personal Law

Criminal Law

Section 3.1 What Is a Crime?

Section Outline
Elements of a Crime
Criminal Act
Required State of Mind
Motive

Understanding Business and Personal Law

Criminal Law

Section 3.1 What Is a Crime?

Section Outline
Defenses to Crimes
Insanity
Entrapment
Self-Defense
Defense of Family Members

Understanding Business and Personal Law

Criminal Law

Section 3.1 What Is a Crime?

Pre-Learning Question
How do you think crimes are
classified?

Understanding Business and Personal Law

Criminal Law

Section 3.1 What Is a Crime?

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.
Understanding Business and Personal Law

Criminal Law

Section 3.1 What Is a Crime?

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.

Understanding Business and Personal Law

Criminal Law

Section 3.1 What Is a Crime?

Felonies
A felony is a major crime punishable
by imprisonment or death. These
include:
murder
manslaughter
burglary
robbery
arson
Understanding Business and Personal Law

Criminal Law

Section 3.1 What Is a Crime?

Misdemeanors
A less serious crime with less sever
penalty is a misdemeanor. These
include:
driving without a license
lying about ones age to purchase
alcohol
leaving the scene of an automobile
accident
Understanding Business and Personal Law

Criminal Law

Section 3.1 What Is a Crime?

Pre-Learning Question
How is the American legal system
organized?

Understanding Business and Personal Law

Criminal Law

Section 3.1 What Is a Crime?

Criminal Law in the

American System
The American legal system consists of
two systems:
the state system
the federal system

Understanding Business and Personal Law

Criminal Law

Section 3.1 What Is a Crime?

State Criminal Law

Each state has inherent police power
allowing it to make statutes to protect
public:
health
safety
welfare
morals
Understanding Business and Personal Law

Criminal Law

Section 3.1 What Is a Crime?

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.
Understanding Business and Personal Law

Criminal Law

Section 3.1 What Is a Crime?

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.
Understanding Business and Personal Law

Criminal Law

Section 3.1 What Is a Crime?

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)
Understanding Business and Personal Law

Criminal Law

Section 3.1 What Is a Crime?

Pre-Learning Question
What do you think are the elements of
a crime?

Understanding Business and Personal Law

Criminal Law

Section 3.1 What Is a Crime?

Elements of a Crime
A crime is defined by two elements:
the criminal act
the required state of mind

Understanding Business and Personal Law

Criminal Law

Section 3.1 What Is a Crime?

Criminal Act
Most criminal statutes specifically
explain conduct that is forbidden.
A criminal act must also involve
voluntary conduct.

Understanding Business and Personal Law

Criminal Law

Section 3.1 What Is a Crime?

Required State of Mind

The definition of a crime can be
changed based on the criminals state
of mind.
Murder is the intentional taking of a
persons life.
Involuntary manslaughter outlaws
the accidental taking of a persons
life.
Understanding Business and Personal Law

Criminal Law

Section 3.1 What Is a Crime?

Motive
Motive plays no part in proving
criminal liability.

Understanding Business and Personal Law

Criminal Law

Section 3.1 What Is a Crime?

Pre-Learning Question
What do you think are defenses to a
crime?

Understanding Business and Personal Law

Criminal Law

Section 3.1 What Is a Crime?

Defenses to Crimes
Defense attorneys try to show that the
prosecution failed to prove the
required elements for the crime
charged to their client.

Understanding Business and Personal Law

Criminal Law

Section 3.1 What Is a Crime?

Defenses to Crimes
Common defenses are:
insanity
entrapment
self-defense
defense of family members

Understanding Business and Personal Law

Criminal Law

Section 3.1 What Is a Crime?

Insanity
American law recognizes that people
cannot be held responsible for their
actions if they do not know what they
are doing.

Understanding Business and Personal Law

Criminal Law

Section 3.1 What Is a Crime?

Insanity
About two-fifths of the U.S. use the
MNaghten Rule and the other threefifths use the American Law Institute
(ALI) test to determine insanity.

Understanding Business and Personal Law

Criminal Law

Section 3.1 What Is a Crime?

Entrapment
If a law enforcement officer induces a
law-abiding citizen to commit a crime,
the person can use a defense known
as entrapment.

Understanding Business and Personal Law

Criminal Law

Section 3.1 What Is a Crime?

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 selfdefense.
Understanding Business and Personal Law

Criminal Law

Section 3.1 What Is a Crime?

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.
Understanding Business and Personal Law

Criminal Law

Section 3.1 What Is a Crime?

What part does motive play in proving

criminal liability?

Understanding Business and Personal Law

Criminal Law

Section 3.1 What Is a Crime?

ANSWER
None.

Understanding Business and Personal Law

Criminal Law

Section 3.1 What Is a Crime?

Section 3.1 Assessment

Reviewing What You Learned

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

Understanding Business and Personal Law

Criminal Law

Section 3.1 What Is a Crime?

Section 3.1 Assessment

Reviewing What You Learned

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

Understanding Business and Personal Law

Criminal Law

Section 3.1 What Is a Crime?

Section 3.1 Assessment

Reviewing What You Learned

2. How do state and federal criminal
law differ?

Understanding Business and Personal Law

Criminal Law

Section 3.1 What Is a Crime?

Section 3.1 Assessment

Reviewing What You Learned

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

Understanding Business and Personal Law

Criminal Law

Section 3.1 What Is a Crime?

Section 3.1 Assessment

Reviewing What You Learned

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

Understanding Business and Personal Law

Criminal Law

Section 3.1 What Is a Crime?

Section 3.1 Assessment

Reviewing What You Learned

3. What are the elements of a crime?

Understanding Business and Personal Law

Criminal Law

Section 3.1 What Is a Crime?

Section 3.1 Assessment

Reviewing What You Learned

Answer
The criminal act and the required state of
mind.

Understanding Business and Personal Law

Criminal Law

Section 3.1 What Is a Crime?

Section 3.1 Assessment

Reviewing What You Learned

4. What are the major criminal
defenses?

Understanding Business and Personal Law

Criminal Law

Section 3.1 What Is a Crime?

Section 3.1 Assessment

Reviewing What You Learned

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

Understanding Business and Personal Law

Criminal Law

Section 3.1 What Is a Crime?

Section 3.1 Assessment

Critical Thinking Activity

Legal Defenses
Why is it crucial to understand the different
defenses to criminal liability?

Understanding Business and Personal Law

Criminal Law

Section 3.1 What Is a Crime?

Section 3.1 Assessment

Critical Thinking Activity Answer

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

Understanding Business and Personal Law

Criminal Law

Section 3.1 What Is a Crime?

Section 3.1 Assessment

Legal Skills in Action

The Insanity Defense

Many people have misconceptions about
the insanity defense in the American legal
system. They often see it as a way for
criminals to go free without serving time for
their offenses.
Understanding Business and Personal Law

Criminal Law

Section 3.1 What Is a Crime?

Section 3.1 Assessment

Legal Skills in Action

The Insanity Defense

Imagine that you are a legal columnist for a
newsletter for people who support civil
liberties. Write a column in which you
defend the insanity defense as a
necessary part of the American legal
system.
Understanding Business and Personal Law

Criminal Law

Section 3.1 What Is a Crime?

Section 3.1 Assessment

Legal Skills in Action Answer

The Insanity Defense

Columns will vary but should recognize
that the criminally insane do not
automatically go free, but are committed to
institutions for psychiatric help.

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Criminal Law

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What Is a Crime?