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CHAPTER 4 Criminal Law and Procedure

CHAPTER 4 Criminal Law and Procedure. 4-1 Criminal Law 4-2 Criminal Procedure. 4-1 Criminal Law. GOALS Understand the three elements that make up a criminal act Classify crimes according to the severity of their potential sentences Identify the types of crimes that affect business.

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CHAPTER 4 Criminal Law and Procedure

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  1. CHAPTER 4Criminal Law and Procedure 4-1 Criminal Law 4-2 Criminal Procedure

  2. 4-1 Criminal Law • GOALS • Understand the three elements that make up a criminal act • Classify crimes according to the severity of their potential sentences • Identify the types of crimes that affect business Chapter 4

  3. CRIMES AND CRIMINAL BEHAVIOR • Elements of criminal acts • Duty to do (or not to do) a certain thing -to establish duty in a trial the prosecutor will cite the statute to a judge • Violation of the dutythe breach of this duty is the criminal act. • Criminal intentmust be proven1. defendant intended to commit the act2. intended to do evil Chapter 4

  4. CRIMINAL INTENT • Issues for Corporations • Can a corporation form criminal intent? • If the corporations employees have criminal intent, the • employer can be judged to have criminal intent • if the employees were doing their assigned duties and the criminal act benefits the organization, most courts will find criminal intent • Can officers be held criminally responsible if an employee commits a crime? • many times the answer is yes, under the doctrine of vicarious liability (substituted liability) ie: president of company knows generally about dangerous working conditions, but does nothing and a worker is killed, president may be charged with homicide Chapter 4

  5. CRIMINAL INTENT • Issues of age • under seven considered below the age of reason • seven to fourteen must prove they had knowledge • fourteen to seventeen kind of a gray area- will depend on crime • eighteen and up are adults Chapter 4

  6. CRIMINAL INTENT • Issues Intent • sufficient mental capacity to know the difference between right and wrong • insane persons are not held responsible • normally neither voluntary intoxication nor use of drugs will be considered to affecting ones criminal intent Chapter 4

  7. CRIMINAL INTENT • When is intent not required • less serious crimes • jail time is unlikely ie: traffic offenses, extreme carelessness Chapter 4

  8. CHECKPOINT    • What three elements must be proven at trial before someone can be convicted of a crime? • duty to do or not do • violation of duty • intent Chapter 4

  9. CLASSIFICATIONS OF CRIMES • Felonies • Serious crime punishable by confinement for more than one year in a state prison or fine over $1,000 or both, or death • Misdemeanors • Less serious crime punishable 1) by confinement in a county or city jail for less than one year, 2) by fine, or 3) by both confinement and fine~ can be classified as an infraction • White-collar crimes • Criminals are generally well-educated, respected members of the community Chapter 4

  10. CLASSIFICATIONOF CRIMES BY PARTY, INTEREST, OR PROPERTY INJURED • Crimes against a person (assault and battery, kidnapping, rape, murder) • Crimes against property (theft, robbery, embezzlement, receiving stolen property) • Crimes against the government and the administration of justice (treason, tax evasion, bribery, counterfeiting, perjury) • Crimes against public peace and order (rioting, carrying concealed weapons, drunk and disorderly conduct, illegal speeding) • Crimes against realty (burglary, arson, criminal trespass) • Crimes against consumers (fraudulent sale of worthless securities, violations of pure food and drug laws) • Crimes against decency (bigamy, obscenity, prostitution, contributing to the delinquency of a minor) Chapter 4

  11. Homicide 1st degree Murder Felony Murder 2nd degree Murder Voluntary Manslaughter Involuntary Manslaughter Negligent Homicide Assault & Battery Stalking Sexual Assault Rape Statutory Rape Acquaintance Rape Hate Crimes CRIMES AGAINST A PERSON Chapter 4

  12. DEFINITIONS CRIMES AGAINST A PERSON • Homicide – most serious • Criminal is committed with plan or malice, done with intent to kill or seriously harm, acting reckless without regard to others • Criminal homicide if: persons actions are without regard for another’s life and result in the killing of another • Homicide can be non-criminal: excusable or justifiable and is not subject to criminal charges • 1st degree Murder • premeditated, deliberate, with malice • depraved indifference to human life Chapter 4

  13. DEFINITIONS CRIMES AGAINST A PERSON • Felony Murder • killing takes place during the commission of certain felonies • Arson, rape, robbery, burglary • no need to prove intent, malice assumed because homicide occurred during a felony act • 2nd degree Murder • without premeditation or deliberation • intent existed at moment of murder/killing • intentional but spontaneous • Voluntary Manslaughter • victim has done something to cause a reasonable person to lose self-control or act rashly • violent argument • occur just after the provocation • punished less severely Chapter 4

  14. DEFINITIONS CRIMES AGAINST A PERSON • Involuntary Manslaughter • no intent • result of reckless conduct causing extreme danger of death or bodily injury - ie: playing with loaded gun • Negligent Homicide • failure to exercise reasonable or ordinary care • vehicle deaths are most common • Suicide • considered a plea for help • psych exam and treatment • helping can be murder or manslaughter Chapter 4

  15. DEFINITIONS CRIMES AGAINST A PERSON • Assault & Battery • assault – attempt or threat to physically attack • battery – unlawful physical contact • no injury necessary • must intend bodily harm • states have statutes for different classifications • assault with intent to rob, murder • battery defined by harm inflicted • Stalking • repeatedly following or harassing • make threats/cause fear Chapter 4

  16. DEFINITIONS CRIMES AGAINST A PERSON • Sexual Assault • includes rape and attempted rape • verbal threats of a sexual nature • unwanted sexual contact/grabbing, fondling • Rape • sexual intercourse without consent • no consent if person is unconscious, mentally incompetent, impaired by drugs or alcohol • Statutory Rape • sexual intercourse between an adult and minor • lack of consent is not an element since a minor is incapable of giving legal consent • trend is to protect victims • “rape shield” past history not allowed Chapter 4

  17. DEFINITIONS CRIMES AGAINST A PERSON • Acquaintance Rape – parties know each other • Hate Crimes • 1969 statute covered • Race • Color • Religion • National origin • Amended 2009 to include • Disability • Sexual Orientation • Gender • Gender Identity Chapter 4

  18. Larceny Receiving stolen property False pretenses Forgery Bribery Computer crime Extortion Conspiracy Arson BUSINESS-RELATED CRIMES Chapter 4

  19. DEFINITIONS OF BUSINESS RELATED CRIMES • Larceny – wrongful taking of money or personal property belonging to someone else. • Robbery – taking of property from another’s person or immediate presence, against the victim’s will, by force or causing fear • Burglary is another variation, entering a building without permission • Receiving Stolen Property – knowingly receiving or buying • False Pretenses – obtain money or property by lying • Forgery – falsely making or materially altering a writing to defraud another • Bribery – unlawfully offering or giving to a governmental official anything of value to influence performance Chapter 4

  20. DEFINITIONS OF BUSINESS RELATED CRIMES • Extortion - blackmail • Conspiracy – agreement between two or more persons to commit a crime • Arson – willful and illegal burning of a building • Selling and Buying Narcotics • Computer Crime Chapter 4

  21. PRELIMINARY CRIMES • Solicitation ~ to ask, command, urge, or advise another to commit a crime • Attempt ~ perform all the elements of a crime but fail to achieve the criminal result • Conspiracy ~ agreement between two or more persons to commit a crime Chapter 4

  22. PARTIES TO A CRIME • Principal ~ person who commits the crime • Accomplice ~ someone who helps the principal commit a crime • Accessory before the fact ~ person who orders a crime or helps the principal commit the crime but who is not the present during the crime ~ can usually be charged with the same crime as the principal • Accessory after the fact ~ someone knowing a crime has been committed, helps the principal or an accomplice avoid capture or helps them escape Chapter 4

  23. CHECKPOINT    • Name the three categories of crimes classified by the severity of their potential sentences. • Felonies • Misdemeanors • White Collar Chapter 4

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