CHAPTER 8 - CHAPTER 8 CRIME CRIME SOCIETY AND LAW Civil...

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CHAPTER 8 CRIME
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CRIME, SOCIETY AND LAW Civil Law/Criminal Law Most of what we have considered so far has been civil law Conduct is criminal when society outlaws it Prosecution The government prosecutes crimes Jury Right A criminal defendant has a right to a trial by jury for any charge that could result in a sentence of six months or longer Punishment Government asks the court to find the defendant guilty of the crime The government wants the defendant punished If found guilty court will impose fines/prison sentence If court is not convinced of guilt, defendant will be acquitted Felony/Misdemeanor A felony is a serious crime, for which a defendant can be sentenced to one year or more in prison A misdemeanor is a less serious crime, often punishable by a year or less in county jail.
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CRIME, SOCIETY AND LAW Punishment Restraint A violent criminal who appears likely to commit more crimes must be physically restrained Deterrence Specific deterrence is intended to teach this defendant that crime carries a heavy price tag, in the hope that he will never do it again General deterrence is the goal of demonstrating to society generally that crime must be shunned
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CRIME, SOCIETY AND LAW Retribution Give the criminal what he or she deserves Vengeance is a concept related to retribution Rehabilitation Training so that the criminal may return to a normal life
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CRIME, SOCIETY AND LAW The Prosecution’s Case Conduct Outlawed Must show to court that defendant’s conduct is in fact outlawed Burden of Proof The government must prove its case beyond a reasonable doubt Actus Reus The “guilty act” The prosecution must prove that the defendant voluntarily committed a prohibited act
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CRIME, SOCIETY AND LAW Mens Rea A “guilty state of mind” What state of mind must be proven varies based on the crime General Intent The defendant intended to do the prohibited physical action (the actus reus) Specific Intent Must show that the defendant willfully intended to do something beyond the physical act Reckless or Negligent Conduct Criminal recklessness means consciously disregarding a substantial risk of injury Criminal negligence refers to gross deviations from reasonable conduct Strict Liability The prosecution must only prove actus reus If defendant did the act, then he or she is guilty
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CRIME, SOCIETY AND LAW Defenses Insanity A defendant who can prove that he was insane at the time of the criminal act will be declared not guilty M’Naughten Rule Defendant must show » He suffered a serious, identifiable mental disease and that because of it » He did not understand the nature of his act or did not know that it was wrong
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