In the DO NOW box at the top
Write down 3 States you think are the safest.
Then write down 3 States you think are the most dangerous.
Laws - Criminal & Civil
Criminal Laws regulate public conduct and set out duties owed to society. Penalties of the punished range from imprisonment, fines, probation, or other punishments.
Criminal Offenses
Felonies: Serious crimes such as murder or robbery. Penalty is at least one year in prison.
Misdemeanors: Lower crimes such as minor theft or simple assault. Penalty is up to one year in prison or less.
Civil Laws
Regulate relations between individuals or groups.
A Civil Action is a lawsuit brought by a person who feels wronged or injured by another.
Penalties could be fines awarded to the person and/or making amends.
Juvenile Justice
Special courts & laws that pertain to �persons that are under the age of �Adulthood.
In the US, states control Juvenile �Justice and may be different from each state.
Why do we separate juveniles from adults when they commit crimes?
Defendant: person accused of a crime.
Plaintiff: Person or company harmed and brings case against Defendant.
Prosecutor: Plaintiff lawyer for the state in criminal cases.
Guilty or Not Guilty Criminal Case
Must be found guilty beyond a reasonable doubt.
If there is doubt or conflicting evidence, the defendant will be considered Not Guilty and free to go.
Reasonable Doubt:
What does it mean?
Causation
d. Causation: Often a statute requiring harm (such as death or an explosion) also requires that the defendant cause that harm. Causation links the defendant’s conduct to the result.
i. “But for,” “Cause in Fact,” or “Actual” causation is the simplest form of causation. It simply provides that a particular result (such as death) would not have occurred without the defendant’s action.
ii. Proximate causation is narrower than “but for” causation. Proximate causation is limited to the foreseeable consequences of the defendant’s actions.
Preponderance of Evidence
In a civil case, the plaintiff wins by convincing the jury or judge.
This is a lower requirement for proof beyond a reasonable doubt.
Why?
#3 Utah
Utah has the highest fertility rate in the nation, the youngest population, and the most people per household. Residents in Utah are expected to live longer than residents in 46 other states in the nation. Lowest unemployment in the country and high school graduation rate of 91%, with 26% of citizens with a college degree.
#2 Minnesota
Minnesota has the lowest Murder rate at 0.02 per 100,000.
Median household income is 25% higher than the rest of the country with a strong tech industry.
#1 New Hampshire
Only had 15 murders last year.
449 rapes which is still only 0.34 per 100,000.
472 Robberies (0.36)
1752 Assaults (1.17)
Has the strongest economy in the USA and highest graduation rates in the country.
#3 Alaska
> Violent crimes per 100,000: 603.2
> Poverty rate: 10.1%
> Pct. of population with bachelor’s degree or higher: 28.0%
> Property crimes per 100,000: 2,739.4 (24th lowest)
It has among the worst violent crime rates in part because of its forcible rape rate: 79.7 per 100,000 residents, the nation’s highest rate. Also disturbing, a 2010 study suggests that 37% of women who live in Alaska say they’ve “suffered some form of sexual assault in their lives,” the Anchorage Daily News reported. Alaska is also second in aggravated assaults. While rape and assault rates are high, other crime levels are average.
#2 Nevada
> Violent crimes per 100,000: 607.6
> Poverty rate: 16.4%
> Pct. of population with bachelor’s degree or higher: 22.4%
> Property crimes per 100,000: 2,809.4 (23rd highest)
Nevada ranks among the worst in the country for its robbery rate, motor-vehicle theft rate and aggravated assault rate. It also ranks high in categories like burglaries and forcible rape. Much of the crime, state officials maintain, comes from the swarms of tourists who visit Las Vegas, Reno and other cities with casinos and related entertainment.Nevada also has among the lowest high school and college graduation rates.
#1 Tennessee
> Violent crimes per 100,000: 643.6
> Poverty rate: 17.9%
> Pct. of population with bachelor’s degree or higher: 24.3%
> Property crimes per 100,000: 3,371.4 (10th highest)
There were 388 murders in the state in 2012, up for a second straight year. To be fair, Tennessee’s violent streak is concentrated in some of the major metropolitan areas. Memphis’s violent crime rate was the nation’s fifth worst, while Nashville’s was the 18th worst. Like many states with high violent crime, poverty in Tennessee is acute, and high school and college graduation rates are lower than most of the country.
Colorado is ranked:
22nd most dangerous state.
162 Murders (0.04)
2,113 Rapes (0.45)
3,395 Robberies (0.65)
10,530 Assaults (2.1)
Higher than the country median.
What is Crime?
an action or omission that constitutes an offense that may be prosecuted by the state and is punishable by law.
How is crime reported?
Statistics about crime and delinquency are probably the most unreliable and most difficult of all social statistics.
Behavior may be wrongly labeled.
Crimes go undetected.
Crimes are sometimes not reported to police.
Crimes may be inaccurately or not recorded by police.
Statistics do not include the dark figure of crime.
What is the dark figure of crime?
Reported Crimes.
Known to police.
Not Recorded
Not Reported
Undetected
Uniform Crime Report
Collected crime reports by FBI.
Studies data from cities, counties, states, and country wide.
Types of Crimes
Against Person
Murder, Assault, etc
Property
Trespassing, Vandalism, etc.
Society
Drugs, Gambling, etc.
Choose one to research & create a Slide on
Murder Kidnapping Burglary
Harassment Pickpocketing Arson
Hijacking Fraud Theft (Larceny)
Manslaughter Smuggling Vandalism
Assault Embezzlement Extortion
Counterfeit Robbery Disorderly Conduct
Curfew Truancy Traffic Violations Mischief Possession: Drugs, Weapons, Stolen Goods
Crime (crime against ...)
Definition
Punishment
Picture (PG)
Other types or similar crimes
or
Colorado specific laws
Rape (crime against person)
Non-consensual sexual activity.
Felony (1 year to life) and requires convicted to register as Sex Offender.
Other types include Under Age Sex, Sexual Assault, and Incest.
Do Now:
DO NOW - Hypo Practice: Frank is helping his friend move into a downtown Seattle condo. While unloading a large mirror from the moving truck, the bright sunlight hits the mirror and reflects against the 40th floor of the skyscraper across the street which temporarily blinds a window washer and causes him to stumble. During this moment of temporary blindness, lasting about a second and a half, the window washer inadvertently kicks over his window washing bucket onto the street below. The water and soap from the bucket hit the sidewalk right in front of Bill the jogger. Bill was unable to stop before stepping on the slippery sidewalk, causing him to lose his balance and fall. When Bill fell, he hit his head on the sidewalk. Bill died two weeks later from his head injury.
Suppose that Colorado law provides: Anyone who causes the death of another person shall be guilty of murder.
Would Frank be guilty of murder under this law? Should he be?
Elements of a Crime
Actus reus is often characterized as the physical part of a crime. In most cases, it describes what the offender must do. A murder statute will require the offender to “kill,” an arson law will punish people who “set fire to” a structure, and theft may require someone to “take” something.
Elements of a Crime
Mens Rea is often characterized as the mental requirement in a criminal law. Modern statutes often use four categories of mens rea: intentionally (or purposefully or willfully), knowingly, recklessly, and with criminal negligence.
Elements of a Crime
a. Voluntary Act: The defendant’s act must be voluntary.
b. Circumstances: Many Crimes occur only in a specifically described situation. For example, bribery of a juror requires that the person bribed have been a juror (not another official).
c. Harm or result: Many criminal laws require a specific harm to have occurred before the statute applies. In murder, there must be a person killed, and in arson, there must be a burned structure.
d. Causation: Often a statute requiring harm (such as death or an explosion) also requires that the defendant cause that harm. Causation links the defendant’s conduct to the result.
i. “But for,” “Cause in Fact,” or “Actual” causation is the simplest form of causation. It simply provides that a particular result (such as death) would not have occurred without the defendant’s action.
ii. Proximate causation is narrower than “but for” causation. Proximate causation is limited to the foreseeable consequences of the defendant’s actions.
Statutes
Statutes, also known as acts, are laws passed by a legislature. Federal statutes are the laws passed by Congress, usually with the approval of the President
A police officer pulls you over, and you are given a citation for violating the speed limit. You have broken a vehicle and traffic law. This law is established by legislature as a statute, or a law that is formally written and enacted. As a result, the law you broke was a statutory law.
Statutes
First Degree Murder:
(1) A person is guilty of murder in the first degree when:
(a) With a premeditated intent to cause the death of another person, he or she causes the death of such person or of a third person; or
(b) Under circumstances manifesting an extreme indifference to human life, he or she engages in conduct which creates a grave risk of death to any person, and thereby causes the death of a person; or
(c) [Felony Murder—not covered in this exercise]
Statutes
Second Degree Murder:
(1) A person is guilty of murder in the second degree when:
(a) With intent to cause the death of another person but without premeditation, he or she causes the death of such person or of a third person; or
(b) [Felony Murder—not covered in this exercise]
Statutes
First Degree Manslaughter:
(1) A person is guilty of manslaughter in the first degree when:
(a) He recklessly causes the death of another person; or
(b) He intentionally and unlawfully kills an unborn quick child by inflicting any injury upon the mother of such child.
Statutes
Second Degree Manslaughter:
(1) A person is guilty of manslaughter in the second degree when, with criminal negligence, he causes the death of another person.
Statutes
Rape of a Child in the third Degree (Statutory Rape): RCW 9A.44.079
(1) A person is guilty of rape of a child in the third degree when the person has sexual intercourse with another who is at least fourteen years old but less than sixteen years old and not married to the perpetrator and the perpetrator is at least forty-eight months older than the victim.
Work Time
Do Now - Work Day!
Priorities:
Do Now - 5 minutes
Frank is helping his friend move into a downtown Seattle condo. While unloading a large mirror from the moving truck, the bright sunlight hits the mirror and reflects against the 40th floor of the skyscraper across the street which temporarily blinds a window washer and causes him to stumble.
During this moment of temporary blindness, lasting about a second and a half, the window washer inadvertently kicks over his window washing bucket onto the street below. The water and soap from the bucket hit the sidewalk right in front of Bill the jogger. Bill was unable to stop before stepping on the slippery sidewalk, causing him to lose his balance and fall. When Bill fell, he hit his head on the sidewalk. Bill died two weeks later from his head injury. Suppose that Colorado law provides: Anyone who causes the death of another person shall be guilty of murder.
Would Frank be guilty of murder under this law? Should he be?