1 / 30

Understanding Criminal Law: Elements, Crimes and Business Environments

Explore the fundamental elements of crime, common crimes in business, and the consequences of ignorance of law. Dive into criminal intent, legal duties, and important case studies. Learn about different types of crimes and their classifications.

cmathis
Download Presentation

Understanding Criminal Law: Elements, Crimes and Business Environments

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Our Criminal Laws Criminal Law & Criminal Procedure Chapter 5

  2. Section 5-1 Goals • EXPLAIN THE ELEMENTS OF A CRIME • DESCRIBE THOSE CRIMES WHICH COMMONLY OCCUR IN THE BUSINESS ENVIRONMENT • IMPORTANT! IGNORANCE OF THE LAW IS NO EXCUSE TO BE RELIEVED OF A CRIME!

  3. Criminal law • Hot debate – pg 66 • Discuss questions • Emily vs. Northside Chemical Company

  4. What is a crime? • Crime • A punishable offense against society • Attempts to identify, arrest, prosecute or punish the criminal to protect society • Defined by statute • Civil offense • Offenses against a victim, not society • Victims can sue for civil damages • Most crimes-the criminal has very little money to sue for…

  5. 3 Elements of a Crime • A duty to do or not do a certain thing • Usually described by state statutes • An act or omission in violation of that duty • Criminal Act- specific conduct that violates a duty • Criminal Intent • Intent to commit the act • Intent to do evil • MUST BE PROVED

  6. 1. Duty • Usually state statutes prohibit certain conduct • Occasionally federal statutes or city ordinances identify criminal behavior • Stealing from employer • Breaking into neighbors house

  7. 2. Violation of the Duty • Criminal Act • Breach of duty • Specific conduct that violates statute • Breaches proven in trial • Example: • Sue stole money from employer; Joe saw her and testified in court

  8. 3. Criminal Intent • Intent must be proven (most cases) • Defendant • Intended to commit the act • Intended to do evil • Example: • Sue intentionally stole money from employer

  9. Going back to Emily vs. Northside….. Did Emily commit a crime? • DID EMILY HAVE A DUTY? • DID SHE VIOLATE THAT DUTY? • DID SHE INTEND TO STEAL?

  10. What’s your verdict? – Page 67 • Statute defined • Duty? • Defined by statue? • Was there a violation of that duty? • Embezzlement • Criminal act of taking someone’s property or money by an entrusted person

  11. Vicarious Criminal Liability Substitute – employee is used as a substitute Criminal Intent & Corporations • Employee criminal intent=Organization’s criminal intent • President of company is aware of dangerous working condition • Worker is killed because of working condition • President can be found guilty of crime

  12. Other factors involving criminal intent • To have criminal intent, one must have sufficient mental capacity • Insanity – not mentally capable • Age • Under 7 considered below age of reason • Over 14 can be considered an adult • Over 14 knows the difference between right and wrong • 7-14 intent & understanding must be proven • Drugs/alcohol- does not relieve criminal intent; done voluntarily

  13. Criminal intent – cont.PLEASE ADD TO YOUR NOTES • Some crimes do not require the element of criminal intent • Example: • A driver speeding hit and killed someone • The intent was not there; however, could be convicted of vehicular homicide • Less serious crimes where jail is unlikely; intent is not required • Example: • Traffic offenses…….

  14. Analyze Real Cases – page 76 • #26 – cigar owner • Did Feinberg have a duty to tell his customers of the change in percent? • Did he violate the duty? • Did he intend to kill anyone? • Feinberg acted with such gross negligence that it is equivalent of criminal intent • #28 – shopper • Did the shopper have a duty to “not steal” • Did he violate the duty? • Did he intend to steal? • Yes to all - guilty

  15. Two Classifications of Crimes • Felony • A crime punishable by confinement of more than a year in state prison • Fine over $1,000 • Both • Death • Misdemeanor • Less serious crime, punishable by county/city jail less than 1 year • Infraction • Lesser misdemeanor • No jury trial • Perjury – PLEASE ADD TO YOUR NOTES • People who lie under oath

  16. Business Related Crimes(What’s my verdict? Page 69) • White Collar Crimes Offences committed in the business world • No force or violence, personal injury, or physical damage • Tax evasion • Defrauding customers • Price fixing • Insurance fraud • Because physical violence is not involved, courts tend to be more lenient • Larceny (theft) • Wrongful taking of money or property with intent to deprive ownership • May be a felony or misdemeanor – depends on value

  17. Business Related Crimes cont. • Robbery (form of larceny) • Taking of property against the victims will • By force, causing fear • Always a felony • Burglary (larceny) • Entering a building w/o permission with intent of committing a crime • Always a felony • Receiving Stolen Property • Knowingly receiving or buying…

  18. Business Related Crimes cont. • False Pretenses • Lying about facts to obtain money or property • Forgery • Making or changing a document to defraud another • Bribery • Offering or giving something of value to influence an official

  19. Business Related Crimes cont. • Extortion (blackmail) • Obtaining money/property by fear, force, or power of office • Conspiracy • Agreement between 2 or more people to commit a crime • Arson • Willful & illegal burning of a building

  20. Review Chapter 5.1 • Page 70 – Think About Legal Concepts • #1 - #5 • Page 70 – Think Critically About Evidence • #6 - 8

  21. Section 5-2 Goals • Understand rights when arrested • Recognize criminal liability • Understand common defenses of criminal charges

  22. Constitution • Believes too much liberty is better than giving the government too much power

  23. Constitutional Rights & Responsibilities What’s Your verdict? Page 71 • Rights when arrested • Due Process=fair procedures in investigation and court • Example: • Right to be represented by a lawyer • Defendants may not be compelled to testify against self • Right to cross examine witnesses • Jury Trial- is asked for by prosecutor or defendant. How is a jury picked

  24. Criminal Conduct of Others • Anyone aiding in a crime can also be found guilty for the same crime • Ex. Burglary look-out • Vicarious Liability (substitute)

  25. Defenses to Criminal Charges • “What’s My Verdict”? – pg. 72 • Defense- Often allows defendant to escape liability • Two types • Procedural Defenses • Substantive Defenses

  26. Procedural defenses Problems with the way evidence was obtained The way a person is arrested, questioned, tried or punished EX: confession was signed due to threat by police Ignorance of law does not count Substantive Defenses Disprove, justify, or excuse crime Discredit facts Self-Defense Criminal Insanity Immunity Freedom from prosecution – exchange for agreement to testify against other criminals Procedural vs. Substantive

  27. Other terms… • Contempt of court • Witness who refuses to testify after immunity has been given • Punishment • Penalty provided by law and imposed by a court • Deter others from breaking the same law • “What’s Your Verdict”? – page 72 • Plea Bargain • Plea of guilty for a lesser crime so a more serious crime is dropped

  28. Wrap Chapter 5 - Thursday • With a partner… • Your Legal Vocabulary • P. 74, 1-12 • Think about legal concepts • P.73, 1-5 • Think critically about evidence • P. 75 • 18-21 • Analyze Real Cases • P. 76

  29. Mock Trial • Review short PowerPoint with Intellectual Property terms • Intellectual Property

  30. In The Lab • Famous Crimes • Tri-fold brochure • Mini lesson on Microsoft Publisher

More Related