Book Opener

CHAPTERASSESSMENTSection 3.1 What Is a Crime?● Crime is considered an act against the publicgood. Crimes can be classified as felonies ormisdemeanors. A felony is a major crime punishableby imprisonment or death. Murder, manslaughter,burglary, robbery, and arson areexamples of felonies. A less serious crime iscalled a misdemeanor. Driving an automobilewithout a license, lying about one’s age to purchasealcohol, and leaving the scene of an automobileaccident are examples of misdemeanors.To determine felonies from misdemeanors, onecan examine the severity of punishment for anygiven crime.● Each state government has inherent policepower, and enacting criminal statues is a part ofthis power. In contrast, the federal governmentwas created with no general police power. Thefederal government is able to create criminalstatutes only in areas over which it has jurisdiction.However, the federal government hasinterpreted its power under the commerce clauserather expansively to legislate a body of criminallaw. The commerce clause requires Congress toregulate commerce among the states.● A crime is defined by two elements: the criminalact and the required state of mind. A criminal actmust involve voluntary conduct. A person cannotbe accused of a crime if that accusation is basedon the one’s physical or mental state.● Criminal defendants can argue the followingdefenses: insanity, entrapment, self-defense, anddefense of family members. In many states, aperson is considered legally insane if “as a resultof mental disease or defect he or she lacks substantialcapacity to appreciate the criminality ofhis conduct or to conform his conduct to therequirements of the law.” A person can use thedefense of entrapment if a law enforcementofficer induces him or her to commit a crime.The defense of self-defense can be used if aperson uses force to protect himself or herselffrom attack. Similarly, most states will not punishpeople who can prove that they used force torescue a family member from attack.Section 3.2 Particular Crimes● Crimes against people include murder, manslaughter,assault, battery, kidnapping, sexoffenses, domestic violence, and hate crimes.Murder is the unlawful killing of anther humanbeing with malice aforethought. Manslaughter isthe unlawful killing of another person withoutmalice aforethought. Battery is the unlawfultouching of another person, and assault is anattempt to commit battery. The unlawful removalor restraint of a person against his or her will iscalled kidnapping. Sex offenses include variousforms of rape. Reckless physical or mental abusewithin a family constitutes domestic violence.Hate crimes occur when a perpetrator usesspecific symbols, writings, or speech to causefear or anger in people because of their race,religion, color, or gender.● Crimes against property include burglary, larceny,embezzlement, robbery, arson, vandalism, andshoplifting.● Selling an alcoholic beverage to an underageperson is a crime. It is also a crime for theunderage individual to purchase alcohol or evento lie about his or her age to attempt to purchaseit. The sale, possession, or free distribution ofdrugs is considered a criminal offense.● States have enacted different laws to deal withcomputer crimes. Some states have created thecrime of computer trespass; others have passedcomputer fraud statutes. Some states have legislateda list of computer-related crimes, includingtheft of computer services, destruction of equipment,and misuse of computer information.74 Unit 1: Knowing About the Law