The Power of Persuasion in Criminal Law
Criminal law: the
power of persuasion
Tuesday January 31st
Objectives
•
To learn how to make an effective argument through
persuasion.
•
To learn the different degrees of murder by analyzing
the statutes.
•
To learn how to apply a set of facts to the elements of
a crime.
What is persuasion?
•
to induce to believe by appealing to reason or
understanding; to convince
What does criminal
What does criminal
law have to do with
law have to do with
persuasion
persuasion
?
?
•
Convince the jury that someone is guilty or innocent
What were the
themes?
•
Prosecution v. Defense?
•
Which was more convincing to you and why?
Your turn
•
The waves crashed against the dark rocks. I felt around
frantically trying to grab something. Pebbles and
seaweed tripped and grabbed me. The wind whistled a
low mystical tune into my ears. A cold sensation
tickled my spine. I thought suddenly of sharks
swimming around me, perhaps hearing me or scenting
me . I could have drowned. I could feel it. I felt as if
the black water was pulling me down. Down into the
murky depths below.
Miss universe goes
rogue
•
During the Miss Universe competition, Iris Mittenre
found out that her ex-boyfriend caused her a lot of
problem and she may lose the title. She blames him for
all her trouble. She decides to shoot him. Iris decides to
go home so that she can prepare to carry out the
murder. She accidently hits a jogger who darted out of
nowhere. Stopping immediately, Iris rushes to help the
jogger who is already dead. She was driving a safe
speed limit and the jogger was completely unavoidable.
Homicide
•
The big umbrella term
•
The killing of a human being by another person.
Murder
•
The killing of a human being by another person with
MALICE.
•
Malice- the ill will or deliberate intent to harm
someone
Why are there
degrees?
•
The degrees are based on the mental state requirement
•
To reduce the punishment for less grievous homicides
(used to all be punishable by death)
First v. Second
degree
•
First Degree Murder
:
Requires that you have taken the
life of another with "malice aforethought" or a
premeditated intent to kill.
•
Second Degree Murder:
Requires that you have taken
the life of another with no premeditation or
forethought.
1
st
degree: murder
•
Sec. 19.02 MURDER…
•
(b) A person commits an offense if he:
•
(1) intentionally or knowingly causes the death of an individual;
•
(2) intends to cause serious bodily injury and commits an act clearly
dangerous to human life that causes the death of an individual; or
•
(3) commits or attempts to commit a felony, other than
manslaughter, and in the course of and in furtherance of the
commission or attempt, or in immediate flight from the commission
or attempt, he commits or attempts to commit an act clearly
dangerous to human life that causes the death of an individual.
•
(c) Except as provided by Subsection (d), an offense under this
section is a felony of the
first degree.
2
nd
degree:
manslaughter
•
Sec. 19.04. MANSLAUGHTER.
•
(a) A person commits an offense if he recklessly
causes the death of an individual.
•
(b) An offense under this section is a felony of the
second degree
.
Lets review: Miss
universe goes rogue
•
During the Miss Universe competition, Iris Mittenre
found out that her ex-boyfriend caused her a lot of
problem and she may lose the title. She blames him for
all her trouble. She decides to shoot him. Iris decides to
go home so that she can prepare to carry out the
murder. She accidently hits a jogger who darted out of
nowhere. Stopping immediately, Iris rushes to help the
jogger who is already dead. She was driving a safe
speed limit and the jogger was completely unavoidable.
•
What should she be convicted of if anything?
What should she be convicted of if anything?
Superbowl
Sunday…Murder
Monday
•
Tom Brady is cheated when he buys a car from the
Falcon’s Carz Shop. He attempts to return the car but
Matt Ryan just laughs and tells him to go away. Every
time Brady has to make a repair on the car je gets
angry. Finally he decides to wreck Ryan’s car to get
even with him. Following him home from work in
evening, Brady tires to ram his car, hoping to bend the
axel or frame. Instead of bending the frame, the
collision smashes Ryan’s gas tank causes an explosion
and kills him.
•
What should he be convicted of and why?
What should he be convicted of and why?
Tomorrow…
•
We will discuss current events.
•
We will continue our discussion on murder because
there is more!!
Explore the art of persuasion in criminal law, focusing on making effective arguments, analyzing murder statutes, and applying facts to crime elements. Discover how persuasion plays a vital role in convincing juries of guilt or innocence, and delve into the themes of prosecution versus defense.
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Presentation Transcript
Criminal law: the power of persuasion Tuesday January 31st
Objectives To learn how to make an effective argument through persuasion. To learn the different degrees of murder by analyzing the statutes. To learn how to apply a set of facts to the elements of a crime.
What is persuasion? to induce to believe by appealing to reason or understanding; to convince
What does criminal law have to do with persuasion? Convince the jury that someone is guilty or innocent
What were the themes? Prosecution v. Defense? Which was more convincing to you and why?
Your turn The waves crashed against the dark rocks. I felt around frantically trying to grab something. Pebbles and seaweed tripped and grabbed me. The wind whistled a low mystical tune into my ears. A cold sensation tickled my spine. I thought suddenly of sharks swimming around me, perhaps hearing me or scenting me . I could have drowned. I could feel it. I felt as if the black water was pulling me down. Down into the murky depths below.
Miss universe goes rogue During the Miss Universe competition, Iris Mittenre found out that her ex-boyfriend caused her a lot of problem and she may lose the title. She blames him for all her trouble. She decides to shoot him. Iris decides to go home so that she can prepare to carry out the murder. She accidently hits a jogger who darted out of nowhere. Stopping immediately, Iris rushes to help the jogger who is already dead. She was driving a safe speed limit and the jogger was completely unavoidable.
Homicide The big umbrella term The killing of a human being by another person.
Murder The killing of a human being by another person with MALICE. Malice- the ill will or deliberate intent to harm someone
Why are there degrees? The degrees are based on the mental state requirement To reduce the punishment for less grievous homicides (used to all be punishable by death)
First v. Second degree First Degree Murder: Requires that you have taken the life of another with "malice aforethought" or a premeditated intent to kill. Second Degree Murder: Requires that you have taken the life of another with no premeditation or forethought.
1stdegree: murder Sec. 19.02 MURDER (b) A person commits an offense if he: (1) intentionally or knowingly causes the death of an individual; (2) intends to cause serious bodily injury and commits an act clearly dangerous to human life that causes the death of an individual; or (3) commits or attempts to commit a felony, other than manslaughter, and in the course of and in furtherance of the commission or attempt, or in immediate flight from the commission or attempt, he commits or attempts to commit an act clearly dangerous to human life that causes the death of an individual. (c) Except as provided by Subsection (d), an offense under this section is a felony of the first degree.
2nddegree: manslaughter Sec. 19.04. MANSLAUGHTER. (a) A person commits an offense if he recklessly causes the death of an individual. (b) An offense under this section is a felony of the second degree.
Lets review: Miss universe goes rogue During the Miss Universe competition, Iris Mittenre found out that her ex-boyfriend caused her a lot of problem and she may lose the title. She blames him for all her trouble. She decides to shoot him. Iris decides to go home so that she can prepare to carry out the murder. She accidently hits a jogger who darted out of nowhere. Stopping immediately, Iris rushes to help the jogger who is already dead. She was driving a safe speed limit and the jogger was completely unavoidable. What should she be convicted of if anything?
Superbowl Sunday Murder Monday Tom Brady is cheated when he buys a car from the Falcon s Carz Shop. He attempts to return the car but Matt Ryan just laughs and tells him to go away. Every time Brady has to make a repair on the car je gets angry. Finally he decides to wreck Ryan s car to get even with him. Following him home from work in evening, Brady tires to ram his car, hoping to bend the axel or frame. Instead of bending the frame, the collision smashes Ryan s gas tank causes an explosion and kills him. What should he be convicted of and why?
Tomorrow We will discuss current events. We will continue our discussion on murder because there is more!!
