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Criminal Law

Chapter 2 Personal and Business Law. Criminal Law. Spirit of the Law. When people commit crimes, they harm not only individuals, but also society as a whole. Crime – is an act against the public good, punishable by a fine, imprisonment, or both.

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Criminal Law

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  1. Chapter 2 Personal and Business Law Criminal Law

  2. Spirit of the Law • When people commit crimes, they harm not only individuals, but also society as a whole. • Crime – is an act against the public good, punishable by a fine, imprisonment, or both. * Act cannot be considered a crime unless it is prohibited by law.

  3. Classifications of Crimes • Plaintiff – the party that accuses the person of a crime. • Criminal proceeding = state or federal gov’t • State or federal gov’t represents public at large • Defendant – The person who is accused of a crime.

  4. Classifications of Crimes • Felony – is a major crime punishable by imprisonment or death. • Murder • Manslaughter • Burglary • Robbery • Arson • “High Misdemeanors” – New Jersey

  5. Classifications of Crimes • Misdemeanor – a less serious crime with a less severe penalty. • Requires a punishment (fine or imprisonment) • If imprisoned, you are held in county or city jail • Examples of Misdemeanors • Driving without a license • Lying about one’s age to purchase alcohol or tobacco • Hit and Run • Minor Misdemeanors

  6. Elements of a Crime • A crime is defined by 2 elements: • The criminal act • The required state of mind • Explanations of these two elements may be different in different states.

  7. Criminal Act • Each statute that defines a crime must specifically explain the conduct that is forbidden by that statute. • Some criminal law statutes make failure to act a crime. (Draft) • An act must also involve voluntary conduct. • Involuntary actions not considered criminal • Person’s status/condition not considered criminal

  8. Required State of Mind • The required state of mind is specified in the statute that defines the crime. • Murder vs. Involuntary Manslaughter (p. 23) • What is the criminal act? • What are the two different required state of minds?

  9. Motive • Motive actually plays no part in proving criminal liability. • May help establish a list of suspects, but the lack of motive does not remove criminal liability. Committed Criminal Act+ Required State of Mind= Criminally Liable

  10. Homicide – Murder - Manslaughter • Homicide – is the killing of one human being by another. • Justifiable homicide • Excusable homicide • Murder – the unlawful killing of another human being with malice aforethought. • Manslaughter – the unlawful killing of another human being without malice aforethought.

  11. Homicide - Murder • Evil intent before murder takes place • 1st Degree: • Intent/Plan to kill (premeditation) • Kill in a cruel way, such as torture • Done while committing another felony • Death penalty • 2nd Degree: 1) Does not satisfy any of these 2) No death penalty

  12. Homicide - Manslaughter • No evil intent • Two Types of Manslaughter: • Voluntary (intends and does so under great personal distress) (pp. 24-25) • Involuntary (kill another when committing an unlawful or reckless act) • Vehicular Homicide - Manslaughter • Negligence as a driver • Breaking the law while driving • Someone dies as a result of your actions

  13. Assault & Battery • Battery is unlawful touching of another • Needs criminal intent or reckless behavior • Forced upon someone else, not welcomed • Forceful use of hand, knife, or gun • Assault is the attempt to commit battery • Simple A/B: generally misdemeanors • Aggravated A/B: felonies in most states • What makes it an aggravated offense?

  14. Crimes Against Property Burglary • The breaking (opening) and entering of a dwelling house at night with the intent to commit a felony. • Additional statutes include: • Daytime • Not a dwelling place • Intent to commit misdemeanor

  15. Crimes Against Property Larceny • The unlawful taking and carrying away of personal property of another with the intent to deprive the owner of it. • It is the legal term for stealing • Petty larceny – misdemeanor (<$300) • Grand larceny – felony (>$300) • Charge depends on severity of amount and what state you are in

  16. Crimes Against Property Embezzlement • Stealing someone’s property while you are entrusted to maintain it • Example 4, Page 27 • Robbery – the wrongful taking and carrying away of the personal property of another accompanied by violence or threats. • Difference between larceny and robbery

  17. Crimes Against Property Arson & Vandalism • Arson • Willful • Malicious • Burning! (Flames, not scorched or charring) • Vandalism • Willfully damaging or defacing private or public property • http://en.wikipedia.org/wiki/Vandalism#Vandalism_as_crime

  18. Business-Related Crimes White Collar Crimes • White collar – business, traditional formal wear for men is white collar • Fraud-related crimes, NOT VIOLENT • Forgery- the making or changing of a writing with the intent to defraud. • Must have a LEGAL impact (such as a contract, legally binding)

  19. Business-Related Crimes Other Crimes • Counterfeiting - making of false money that appears to be genuine • Possessing machinery for it is also a crime! • Bribery v. Extortion v. Blackmail – see handout

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