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Criminal Law and Procedure: Elements of Criminal Acts, Classification of Crimes, and Defenses

This chapter covers the elements of criminal acts, including duty, violation of duty, and criminal intent. It also explores the classification of crimes as felonies and misdemeanors, as well as business-related crimes. Additionally, it discusses various defenses to criminal charges, such as procedural defenses and substantive defenses.

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Criminal Law and Procedure: Elements of Criminal Acts, Classification of Crimes, and Defenses

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  1. Chapter 4 Criminal Law and Procedure

  2. Crimes and Criminal Behavior • Hot Debate • What’s Your Verdict • A question of ethics • Crime – punishable offense against society

  3. Elements of Criminal Acts • A duty exists • Duty was violated • Intent

  4. Elements of Criminal Acts • Duty • Everyone has a duty to conform to the law’s requirements • Prosecutor cites a statute outlining those requirements

  5. Elements of Criminal Acts • Violation of Duty • Breach of duty = criminal act • Example: • Battery – the intentional causing of bodily harm to another person • Assault – the threat of causing harm to another person

  6. Elements of Criminal Acts • Criminal Intent • Person intended to commit act or omission • Motive – reason for committing a crime • Motive not the same as intent

  7. Elements of Criminal Acts • Criminal Intent (cont.) • Under 7 cannot form intent • Laws vary state to state after that • Know the difference between right and wrong • Ages 7-14: Maybe, Over 14: Yes • Insane: No

  8. Elements of Criminal Acts • Criminal Intent (cont.) • Can a person be held responsible for a crime committed by a company? • Vicarious criminal liability – legal doctrine where company officers are charged with crimes.

  9. Elements of Criminal Acts • Criminal Intent (cont.) • Some minor crimes don’t require intent • Traffic tickets • Intent may not mean intended consequences

  10. Classification of Crimes • Felony – Serious crimes • State prison more than a year • Fine of more than $1000 • Both??? • Examples: • Page 67 Chart • Murder, kidnap, arson, rape, robbery, burglary, embezzlement, grand larceny

  11. Classification of Crimes • Misdemeanor – Less serious crimes • City or county jail less than 1 year • Fine less than $1000 • Both??? • Examples: • Infractions / Petty crime • Parking violations, littering • Fine only

  12. Business Related Crimes • What’s your Verdict – pg 68 • Antitrust laws, collusion • White collar crimes – Business related • Examples: pg 68

  13. Business Related Crimes • Larceny (theft) • Wrongful taking of money or personal property belonging to someone else • Robbery • Larceny involving the use of force • Burglary • Breaking an entering with the intent to commit a crime

  14. Business Related Crimes • Receiving Stolen Property • Knowingly receiving or buying • What recourse does rightful owner have? • False Pretenses • Type of fraud, victim parts voluntarily • Forgery • Altering writing in an attempt to defraud • Common with checks / signatures

  15. Business Related Crimes • Bribery • Unlawfully offering or giving anything of value to influence performance of an official • Soliciting • Computer Crime • Extortion (blackmail) • Obtaining money or property through use of force or fear / intimidation

  16. Business Related Crimes • Conspiracy • Agreement between two or more people to commit a crime • Arson • Willful and illegal burning or exploding of a building

  17. Rights and Responsibilities • What’s your verdict? Pg 71 • Rights of the Accused • Fair Procedures - investigation and in court • Probable Cause – reasonable ground for belief • Beyond a reasonable doubt • Plaintiff’s responsibility

  18. Rights and Responsibilities • Responsibility of Another’s Criminal Conduct • Knowingly aids • Ex: lookout during a burglary • Ms. Roberts • Helps Plan

  19. Defenses to Criminal Charges • Defense – legal position taken by the accused to defeat charges against him or her. • Procedural Defenses – based on problem with the way investigation / arrest is handled. • What’s your verdict? Pg 72

  20. Procedural Defenses • Forced Confession • Evidence gathered illegally • Ignorance of the law???

  21. Defenses to Criminal Charges • Substantive Defenses – disprove, justify, or excuse alleged crime. • You committed the act, but you have an excuse • Self-Defense • Criminal Insanity • Immunity

  22. Defenses • Entrapment • Mistake • Consent • Duress • Infancy • Statute of Limitations (Procedural)

  23. Substantive Defenses • Do you have to testify against yourself? • Against a friend? • Spouse? • Contempt of Court – action that hinders the administration of justice

  24. Punishments for Crimes • What is the purpose of punishment? • Remedy or discipline • Exceptions to intent requirement • Plea Bargaining • Voluntarily give up the right to trial. Why?

  25. End of Unit • Jeopardy? • Unit Test Chapters 1-3

  26. Review 4-1 • Legally, a crime is considered an offense against ____________ • Ben is convicted and sentenced to 2 -5 years. He has convicted a _________ • When an officer of a corporation will be held criminally liable under the doctrine of _________ • Falsely making or materially altering a writing is known as the crime of false pretneses. T or F

  27. Review 4-2 • Pg 75

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