《lesson six and lesson seven criminal law》.ppt

Lesson six criminal law What constitute a crime? Actus reus (guilty act) Means rea (guilty mind) Felony Misdemenors To constitute a crime, the law requires a connection be made between the mens rea and actus reus thereby showing the offender’s conduct was the proximate cause of the criminal act. Actus reus An illegal act. The actus reus can be an affirmative act, such as taking money or shooting someone, or a failure to act, such as failure to take proper precautions while driving a car. Mens rea Gulity mind.the mental element of a crime or the intend to commit a criminal act. Felony A more serious offense that carries a penalty of incarceration in the state prison, usually for one year or more. Persons convicted of felony offenses lose such right as the right to vote, hold elective office, or maintain certain licenses. Misdemeanor A minor crime usually punished by less than one year’s imprisonment in a local institution, such as a county jail. Armed burglary in Alabama Willfully enter a dwelling Be armed or arm themselves after entering the house, or commit an actual assault on a person who is lawfully in the house. Knowingly and intentionally commit a crime Excuse defenses Excuses refer to situations in which the criminal defendants admit the physical act of the crime but claim they are not responsible for it because they lacked free will. It is not their fault, they claim, because they had no control over their actions; therefore they should “excused” from criminal responsibility. Ignorance or mistake Insanity Intoxication age Justification defenses Consent Self defense Stand your ground Entrapment Duress necessity Crimes against the person first---degree murder Voluntary manslaughter Battery Assault Rape Robbery Crimes against property Burglary Arson larceny Lesson seven criminal procedural law Principle of criminal procedure: No crime without law this means that courts has no jurisdiction in criminal cases unless there is a statute specifically making the