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Constitutional Framework & Criminal Law Basics

Learn about the constitutional framework including limited government, separation of powers, and federalism. Understand key elements of criminal law such as state of mind, motive, and types of crimes at state and federal levels. Explore parties to a crime and preliminary crimes.

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Constitutional Framework & Criminal Law Basics

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Presentation Transcript

  1. Learning Target: I will be able to describe and evaluate our constitutional framework Do Now: Take a look at the vocabulary terms---- talk about them with your partner and see how many you know

  2. Vocab • Limited government: fundamental notion that power of the national government is controlled • Separation of powers: dividing the gov. power into varying branches (executive, legislative, judicial) • Statutes: synonym for laws

  3. Vocab continued • Checks and balances: system created to restrain the power of all the branches of gov. • Judicial review: power of the supreme court to override a law created by congress that is deemed unconstitutional • Federalism: the division of power between the state and federal government

  4. Learning Target: understand the basic elements of criminal law Do Now:

  5. Responsibility • State of mind: This means that a person intentionally, knowingly or willfully committed a guilty criminal act. • Mensrea: having a guilty state of mind • Motive: the reason why the criminal act was performed. • Strict liability: Do not require a guilty state of mind, the act itself is criminal and comes with a charge. (ex. Selling alcohol to minors)

  6. State and Federal Crimes • State only crimes: examples include simple assault, disorderly conduct, drunk driving, and shoplifting. • Federal only crimes: examples include not paying your federal taxes, mail fraud, espionage, and international smuggling. • Both State and Federal crimes: examples include illegal possession of drugs and bank robbery

  7. Parties to a crime • Principal: this is the person who commits the crime • Accomplice: someone who helps another person commit a crime. • Accessory before the fact: is someone who knows the crime will happen but is not present at the committing of the act • Accessory after the fact: is someone who knowing a crime has been committed helps the principal or accomplice avoid capture or escape.

  8. Preliminary Crimes • Solicitation: this is when a person asks, command, urges or advises another person to commit a criminal act. • Attempt: this is when a person intended to commit a crime as well as taken some type of action towards committing the crime not just prepare for the crime. • Conspiracy: an agreement between two or more people to commit a crime.

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