Chapter 5 Our Criminal Laws

1. Chapter 5Our Criminal Laws Lesson 5-1 Criminal Law

2. A punishable offense against society • Society (through police & prosecutors) attempts to identify, arrest, prosecute, and punish the criminal • Efforts are designed to protect society rather than the victim of the crime What is a Crime? • A punishable offense against society • Society (through police & prosecutors) attempts to identify, arrest, prosecute, and punish the criminal • Efforts are designed to protect society rather than the victim of the crime

3. (1) Duty • State statutes prohibiting certain conduct • (2) Violation of the Duty • Breach of the duty • (3) Criminal Intent • Defendant intended to commit the act • Defendant intended to do evil Three Elements of a Crime • (1) Duty • State statutes prohibiting certain conduct • (2) Violation of the Duty • Breach of the duty • (3) Criminal Intent • Defendant intended to commit the act • Defendant intended to do evil

4. Taking another’s property or money by a person to whom it has been entrusted Embezzlement • Taking another’s property or money by a person to whom it has been entrusted

5. Can corporations (organizations) form criminal intent? • Yes—if their employees have criminal intent, their employer may be judged to have criminal intent • When corporate employees commit a crime, can officers be held criminally responsible? • Yes—vicarious criminal liability Corporations and Criminal Intent • Can corporations (organizations) form criminal intent? • Yes—if their employees have criminal intent, their employer may be judged to have criminal intent • When corporate employees commit a crime, can officers be held criminally responsible? • Yes—vicarious criminal liability

6. Early common law • Under 7  below the age of reason • Over 14  know the difference between right and wrong • Between  knowledge had to be proven Criminal Intent and Age Early common law Under 7  below the age of reason Over 14  know the difference between right and wrong Between those ages  knowledge had to be proven

7. Today • Age of criminal liability is 18 in most states • Minors as young as 7 may be tried and punished as adults if they are accused of serious crimes such as murder Criminal Intent and Age Today Age of criminal liability is 18 in most states Minors as young as 7 may be tried and punished as adults if they are accused of serious crimes such as murder

8. Sufficient mental capacity needed • Insane persons (no) • Voluntary intoxication (yes) • Drug use (yes) Criminal Intent • Sufficient mental capacity needed • Insane persons (no) • Voluntary intoxication (yes) • Drug use (yes)

9. Not for less serious crimes when jail is unlikely • Traffic offenses • Extreme carelessness • Conduct is so careless some courts treat it the same as criminal intent Is Criminal Intent Always Required for a Crime? • Not for less serious crimes when jail is unlikely • Traffic offenses • Extreme carelessness • Conduct is so careless some courts treat it the same as criminal intent

10. 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 Criminal Conduct • 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

11. Criminal Conduct • 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

12. Felony • Punishable by confinement for more than a year in state prison and/or • Punishable by a fine of more than $1,000 or • Death • Murder, rape, kidnapping, arson, robbery, burglary, embezzlement, forgery, theft of large sums, perjury Classification of Crimes • Felony • Punishable by confinement for more than a year in state prison and/or • Punishable by a fine of more than $1,000 or • Death • Murder, rape, kidnapping, arson, robbery, burglary, embezzlement, forgery, theft of large sums, perjury

13. Misdemeanor • Punishable by confinement in a county or city jail for less than one year and/or by fine • Disorderly conduct, speeding • Infractions • Lesser misdemeanors Classification of Crimes • Misdemeanor • Punishable by confinement in a county or city jail for less than one year and/or by fine • Disorderly conduct, speeding • Infractions • Lesser misdemeanors

14. Businesses are subject to general criminal law • Referred to as white-collar crimes • Do not involve force or violence, do not cause injury to people, and do not cause physical damage to property • Ex: evading income taxes, defrauding consumers, conspiring to fix prices, false fire and auto insurance claims, bribery Business-Related Crimes • Businesses are subject to general criminal law • Referred to as white-collar crimes • Do not involve force or violence, do not cause injury to people, and do not cause physical damage to property • Ex: evading income taxes, defrauding consumers, conspiring to fix prices, false fire and auto insurance claims, bribery

15. Commonly known as theft • The wrongful taking of money or personal property belonging to someone else, with the intent to deprive the owner of possession • Robbery—taking of property from another’s person or immediate presence, against the victim’s will, by force or by causing fear • Burglary—entering a building without permission when intending to commit a crime Larceny • Commonly known as theft • The wrongful taking of money or personal property belonging to someone else, with the intent to deprive the owner of possession • Robbery—taking of property from another’s person or immediate presence, against the victim’s will, by force or by causing fear • Burglary—entering a building without permission when intending to commit a crime

16. Shoplifting, pickpocketing, purse snatching • Can be a felony or a misdemeanor • Determined by the value of the property stolen and other circumstances • Robbery and burglary are always felonies Larceny (con’t) • Shoplifting, pickpocketing, purse snatching • Can be a felony or a misdemeanor • Determined by the value of the property stolen and other circumstances • Robbery and burglary are always felonies

17. Knowingly receiving stolen property • intent to deprive the rightful owner of the property • Fence • one who receives stolen property Receiving Stolen Property • Knowingly receiving stolen property • intent to deprive the rightful owner of the property • Fence • one who receives stolen property

18. Obtaining money/property by lying about a past or existing fact • Victim parts with property voluntarily • Type of fraud False Pretenses • Obtaining money/property by lying about a past or existing fact • Victim parts with property voluntarily • Type of fraud

19. Falsely making/altering a writing to defraud another • Checks • Usually a felony Forgery • Falsely making/altering a writing to defraud another • Checks • Usually a felony

20. Unlawfully offering or giving anything of value to influence performance of an official • Soliciting or accepting the bribe is also criminal Bribery • Unlawfully offering or giving anything of value to influence performance of an official • Soliciting or accepting the bribe is also criminal

21. Larceny? • “the taking of personal property” Computer Crime • Larceny? • “the taking of personal property”

22. Known as blackmail • Obtaining money/property from a person by wrongful use of force, fear, or power of office Extortion • Known as blackmail • Obtaining money/property from a person by wrongful use of force, fear, or power of office

23. An agreement between two or more persons to commit a crime • Usually secret • Conspiracy is a separate crime from the crime the parties plan to commit • Either a felony or a misdemeanor • Businesses: fix prices or divide markets Conspiracy • An agreement between two or more persons to commit a crime • Usually secret • Conspiracy is a separate crime from the crime the parties plan to commit • Either a felony or a misdemeanor • Businesses: fix prices or divide markets

24. Willful and illegal burning of a building Arson Willful and illegal burning of a building