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Law & American Society

Law & American Society. Introduction to Criminal Law. Question of the Day.

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Law & American Society

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  1. Law & American Society Introduction to Criminal Law

  2. Question of the Day • Should a person’s intention matter in deciding if he or she committed a crime? For example, should it matter if an act was done on purpose? If it was done when a person was being reckless? If it was done when a person was enraged?

  3. Crime • Crimes are characterized by three elements: • The act itself • Guilty state of mind; (what you are thinking) this means that the act was done intentionally, knowingly, or willfully • Motive; the reason a person commits a crime • Strict Liability offenses are when the crime does not require a guilty state of mind.

  4. Terms to Know • Principal – person who commits the crime • Accomplice – someone who helps the principal commit a crime. • Accessory before the fact – a person who orders a crime • Accessory after the fact - a person who helps a criminal escape.

  5. The Crime Anton is a bully. One night while eating at a local diner, he notices Derek selecting a tune on the jukebox. Anton does not like the song Derek picks, so to show his pals who is in charge, Anton orders Derek to change the song. When Derek refuses, Anton punches him in the face, breaking Derek’s jaw. As a result of the injury, Derek misses several weeks or work and has to pay both medical and dental bills.

  6. The Crime A. Has Anton violated civil laws, criminal laws, or both? B. Who decides whether Anton should be charged criminally? Sued in a civil action? C. If Anton is charged with a crime and sued in a civil action, would the civil and criminal cases be tried together? Why or why not? D. Would procedures in a criminal trial be the same as those in a civil trial? Why or why not? E. Is going to court the only way to handle this problem? What alternatives are there and which do you think would work best?

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