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What is a Crime?

What is a Crime?. Crime:. A punishable offense against society. A crime is committed against society, as represented by the form of government we have chosen, not an individual. A crime is a breach of the peace essential to that society’s function for the good of all Example:

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What is a Crime?

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  1. What is a Crime?

  2. Crime: A punishable offense against society

  3. A crime is committed against society, as represented by the form of government we have chosen, not an individual

  4. A crime is a breach of the peace essential to that society’s function for the good of all Example: • Looting after disasters

  5. When a crime occurs: Society-acting through police and prosecutors-attempt to • Identify • Arrest • Prosecute • Punish the criminal These efforts are designed to protect society, not the victim of the crime

  6. The victim can sue identified criminals for civil damages but seldom do since few criminals have the ability to pay judgments

  7. Elements of a Criminal Acts • Before you can be convicted of a crime, the prosecution must prove three elements regarding your behavior at the trial: • Whether you had a duty to do or not to do a certain thing • Whether you performed an act or omission in violation of that duty • Whether or not you had criminal intent

  8. DUTY: Under our system everyone has a legally enforceable duty to conform his or her conduct to the law’s requirements • VIOLATION OF THE DUTY: Specific conduct of the defendant that violates the statue-is the criminal act (example-all states have statues that make battery a crime-a breach of duty could be proved in a trail by the testimony of a witness who saw the defendant punch the victim) • CRIMINAL INTENT: the defendant intended to commit the specific act or omission defined as criminal in the controlling statue

  9. INTENT vs. MOTIVE(separate in the eyes of the law Intent: Refers strictly to the state of mind that must be present concurrently with the allege criminal act or failure to act Motive Refers to what specifically drives a person to act or refrain from doing so

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