Our Criminal Laws

1. Our Criminal Laws Chapter 5

2. Hot Debate • What arguments can you make for trying Emily? • What arguments can you make against trying her?

3. Hot Debate Answers • The fact that respect for the evenhanded-ness of the law would be lost if she was not tried. • The fact that she had actually accomplished what the law could not do.

4. What’s Your Verdict? • Has she committed a crime despite the repayment?

5. What’s Your Verdict? Answer • Davis owed a duty, defined by state statute, to not take the credit union’s money.

6. What are crimes? • A crime is a punishable offense against society.

7. Elements of a Crime • Before anyone can be convicted of a crime, three elements must be proven at the trial: • The duty • The breach of the duty • Criminal intent

8. Duty • State statutes prohibiting certain conduct usually describes duty. • The existence of a duty in criminal law is usually proven in court by the prosecutor citing a statute to the judge.

9. Violation of the Duty • The breach of duty-the specific conduct that violates the statute is the criminal act. • Example: If someone intentionally hit someone in the face, causing them harm(battery), the breach of the duty could be proven in court by the testimony of a witness who saw the defendant punch the victim.

10. Criminal Intent • Criminal Intent generally means that the defendant: • Intended to commit the act • Intended to do evil http://www.foxnews.com/us/2011/04/21/plot-grisly-murder-florida-teen-followed-fight-authorities-say/

11. Criminal Intent • Can a corporation, which is an organization, form criminal intent the way humans can?

12. Criminal Intent • Yes, if an employee has criminal intent, their employer may be judged to have criminal intent. • Vicarious criminal liability refers to corporations. • Under common law, children under age 7 were considered to be below the age of reason. Therefore, they were considered incapable of forming criminal intent.

13. Criminal Intent • State statutes provide that minors as young as 7 may be tried and punished as adults if they are accused of serious crimes, such as murder. • There are exceptions to criminal intent. • Example: If you’re driving down the road going 80 mph through a neighborhood while drunk and killed a pedestrian, you may have not intended to speed or intended to do evil, but your conduct was careless that some courts treat it the same as criminal intent. You may be convicted of vehicular homicide. http://www.abcactionnews.com/dpp/news/region_east_hillsborough/temple_terrace/stop-sign-theft-in-temple-terrace-brings-back-painful-memories-for-residents-in-rural-hillsborough-

14. Criminal Conduct Classifications • Crimes against a person-assault and battery, kidnapping, rape, murder • Crimes against property-theft, robbery, embezzlement • Crimes against the government and administration of justice-treason, tax evasion, perjury • Crimes against public peace and order-rioting, disorderly conduct, illegal speeding • Crimes against realty-burglary, arson, criminal trespass • Crimes against consumers-fraudulent sale of securities, violation of pure food and drug laws • Crimes against decency-bigamy, obscenity, prostitution

15. What’s Your Verdict? • If this could be proven, could he be punished for a crime?

16. What’s Your Verdict? Answer • Murdock committed perjury. He may be imprisoned for two or three years.

17. Classifications of Crimes • Crimes are classified as felonies and misdemeanors.

18. Classifications of Crimes Felony • A crime punishable by confinement for more than a year in state prison or by a fine of more than $1,000 or both—even death. • Examples: murder, kidnapping, arson, rape, robbery, burglary, embezzlement, forgery, theft of large sums, and perjury Misdemeanor • Less serious and usually punishable by confinement in a county or city jail for less than a year, by fine, or both. • Examples: speeding, parking violations, and littering

19. What’s Your Verdict? • Were the officers and their companies guilty of any crime?

20. What’s Your Verdict? Answer • The six officers were guilty of violating criminal portions of antitrust laws. • Antitrust laws-state that competing companies may not cooperate in fixing prices or in dividing sales regions. • Antitrust laws require that business firms compete with one another.

21. Business-Related Crimes • White collar crimes are offenses committed in the business world. • White collar crimes do not involve force or violence, do not cause injury to people, and do not cause physical damage to property.

22. Larceny • Commonly known as theft • The wrongful taking of money or personal property belonging to someone else, with intent to deprive the owner of possessions. • Robbery and burglary are variations of larceny • Larceny can either be a felony or a misdemeanor • Robbery and burglary are felonies • Other Examples: pick pocketing, shoplifting, purse snatching

23. Robbery vs. Burglary Robbery • The taking of property from another’s person or immediate presence, against the victim’s will, by force or causing fear. Burglary • Entering a building without permission when intending to commit a crime.

24. Receiving Stolen Property • It is a crime to buy property that you know has been stolen.

25. False Pretenses • One who obtains money or other property by lying about a past or existing fact is guilty of false pretenses. • Different from larceny because the victim parts with the property voluntarily.

26. Forgery • Falsely making or materially altering a writing to defraud another. • Usually a felony • Most common type of forgery is on a check

27. Bribery • Unlawfully offering or giving anything of value to influence performance of an official. • Example: Paying a football player to throw the game, bribing nongovernmental parties

28. Extortion • Commonly known as blackmail • Sometimes the extortionist threatens to expose a secret crime or embarrassing fact if payment is not made.

29. Computer Crime • Newest crime • The law can NOW prosecute

30. Conspiracy • An agreement between two or more people to commit a crime. • Usually it is a secret • Can be a misdemeanor or a felony

31. Arson • The willful or illegal burning of a building.

32. What’s Your Verdict? • Is he correct?

33. What’s Your Verdict? Answer • Barlow’s right against self-incrimination was not violated by the law that requires one to remain at the scene of the accident and identify oneself.

34. Rights and Responsibilities • The Constitution believed it was better for our society to give individuals too much liberty than to allow the government too much power.

35. Rights when Arrested • The constitutional right to due process requires fundamental fairness in governmental actions. • Example: criminal defendants may not be compelled to testify against themselves, the right to cross-examine witnesses, be represented by a lawyer. • To convict a person of a crime, the evidence must establish guilt with proof beyond a reasonable doubt (90%).

36. Responsibility for the Criminal Conduct of Others • A person who aids another in the commission of a crime is also guilty of criminal wrongdoing. • Example: Someone who acts as the lookout for police during a robbery.

37. What’s Your Verdict? • If true, are those good defenses?

38. What’s Your Verdict? Answer • Will and Zack should have been advised of their rights when arrested. • If they were not advised, their procedural rights of the Constitution were violated. • This is a valid defense.

39. Defenses to Criminal Charges • The state must prove that the defendant is guilty beyond reasonable doubt. • But even when it appears that this has been done, the defendant may escape criminal liability by establishing a defense. • Defense-often allows the defendant to escape liability. • The defendant must produce the evidence to support any defense.

40. 2 Types of Defenses: • Based on problems with the way evidence is obtained or the way the accused person is arrested, questioned, tried, or punished. • Example: a defendant who confessed to a crime may assert the defense that she signed the confession only because she felt threatened by the police. • The legal system assumes that everyone knows the law. • Disapprove, justify, or excuse the alleged crime. • Most substantive defenses discredit the facts that the state has sought to establish. • Example: Self-defense, criminal insanity, and immunity Procedural Defense Substantive Defense

41. Substantive Defense-Self-Defense • Self-defense- the use of the force that appears to be reasonably necessary to the victim to prevent death, serious bodily harm, rape, or kidnapping. • You may not use deadly force if non-deadly force appears reasonably sufficient. • Only non-deadly force may be used to protect or recover property. • You may not set deadly traps, or shoot a thief who is escaping with stolen property.

42. Substantive Defense-Criminal Insanity • Criminal insanity-generally exists when the accused does not know the difference between right and wrong. • If the accused is criminally insane, there is no criminal intent and therefore no crime. • At the trial, the defendant must prove criminal insanity.

43. Substantive Defense-Immunity • Immunity-freedom from prosecution even when one has committed the crime charged. • Sometimes a criminal may be granted immunity in exchange for an agreement to testify about the criminal conduct of several other criminals.

44. What’s Your Verdict? • What is an appropriate penalty for an offense of this nature?

45. What’s Your Verdict? Answer • Gill was guilty of an infraction, which did not require criminal intent. • His conduct was illegal so he would probably be fined.

46. Punishments for Crimes • The purpose is not to remedy the wrong but rather discipline the wrongdoer. • An accused person may agree to plead guilty to a less serious crime in exchange for having a more serious charge dropped, this is known as plea bargaining.