Objective 02.02 Criminal Law
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Opening Statements: Attorneys Take a pretest on the objective to measure what you know or think you know about the subject matter. Discuss results with teacher. Review PowerPoint presentation. Ask questions and discuss issues regarding topics on criminal law.
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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?
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Crime ď Ž An act against the public good
NOTE: Each statute that defines a crime must specifically explain the conduct that is forbidden by that statute. ď Ž 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
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4 Punishments for a Crime? Imprisonment Fine Probation Community Service
Combination of the above
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Participants of a Trial Plaintiff? (2) Government Prosecutor Defendant (1)
Person accused of the crime
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Classifying a Crime According to Seriousness
What is the most serious?
Felony Imprisonment or death
What is less serious?
Misdemeanor Fine and/or probation
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Elements of a crime Criminal Act
Must violate a statute
Required state of mind
Depends on crimes definition
Motive is NOT required
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Assignment ď Ž List 25 crimes ď Ž Classify into crimes against people, property,
or business (White Collar)
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Types of Crimes Crimes Against People Social Crimes Crimes Against Property Business crimes (White Collar)
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Crimes Against People Murder
Malice aforethought?
1st degree—aggravated (premeditated, cruelty, torture, rape, robbery, kidnapping) 2nd degree—non of the above conditions apply
Manslaughter
Voluntary?
Intentional
Involuntary
Occurs while committing an unlawful or reckless act BL02.02 PPT 1 11
Crimes Against People-continued Assault - Attempt (pointing or shooting at someone) Aggravated (Usually felony)-using deadly weapon with intent Simple (misdemeanor) Battery
Hitting
Kidnapping Unlawful removal against person’s will Sex offenses
Statutory rape Date rape (acquaintance rape)
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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
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Crimes Against Property Assignment-define the terms: What is the difference between Burglary Larceny Embezzlement Robbery
Define the following term: Arson-
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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 Forgery False making or changing of a writing with intent to fraud.
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Crimes Against Business, continued
Bribery Giving something of value to influence Extortion Unjustly taking of money or thing of value Computer Crimes
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Types of CrimesAssignment Create a chart from the FBI website on the Number of Arrests by Age
and Sex for most recent data. Complete the branching classification graphic (02.02 ACT 13) using the requested information: Crimes
against people (show stats) Crimes against property (show stats) Business crimes – white collar crimes (show stats) Write a one to two paragraph brief on your observations by ages, race,
comparing N.C. with another state, etc. Try to put yourself into the environment of the state you choose before rationalizing and/or making a decision.
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Essential Questions ď Ž List and explain the defense used in criminal
cases. ď Ž What happens after a person is convicted by a jury?
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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.
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Defenses to a Crime, continued Entrapment ď Ž Induced into breaking the law by a law
enforcement officer
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Defenses to a Crime, continued Self-Defense ď Ž Defending yourself from danger ď Ž Must retreat, if possible
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Defenses to a Crime, continued Defense of Family Members
ď Ž Person has the right to rescue a family
member who is being attacked.
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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.
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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
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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.
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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
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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.
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Telecommunication Law/Cyber Law, continued ď Ž 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
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Assignment for the Attorneys You are hereby assigned the following
responsibilities:
Write a narrative (1 page minimum) summarizing what you learned from the unit on Criminal Law and its impact on your life. Take a posttest on the objective to measure what you should know about the subject matter. Discuss results with teacher and prepare to retest if the need occurs. Court is dismissed!
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