Chapter 5

1. Chapter 5 Our Criminal Laws

2. TEKS 1 – The student identifies the different types of law, courts, and regulations in the judicial system. The student is expected to: • 1A – Identify the concepts of civil and criminal law • 1B – Explain the different categories and types of courts and traditional court procedures • 1C – Differentiate between business torts and crimes TEKS Standards:

3. Goals • Define the elements present in all crimes • *Describe crimes that commonly occur in the business environment 5.1 Criminal Law

4.  What is a crime? • (Punishable offense against society) • Difference between crime and civil offense? • (Civil offenses are against a victim, not society)

5. Davis, the chief accountant of the Del Norte Credit Union, cleverly juggled the company records over a period of years. During that time, she took at least $35,000 belonging to the credit union. When the theft was discovered by outside auditors, Davis repaid the money with interest. Has she committed a crime despite the repayment? What’s Your Verdict?

6. When crime occurs, society – acting through police and prosecutors – attempts to identify, arrest, prosecute, and punish the criminal • Efforts designed to protect society rather than to aid the victim of the crime. • For almost all crimes, victim can sue identified criminals for civil damages, but seldom do because few criminals have the ability to pay judgments.

7. 1. A duty to do or not to do a certain thing – prosecutor cites a statute to the judge • 2. An act or omission in violation of that duty – breach of duty • 3. Criminal intent – (1) intended to commit the act and (2) intended to do evil. • Example 1 – In a basketball game you deliberately punch an opposing player • Example 2 – Lose your balance and while flailing your arms hit the nose of a bystander • Example 1 – Display criminal intent. • Example 2 – Did not intend the act nor did you intend to do evil. No crime. Elements of a crime – 3 elements must be proved at trial

8. In What’s Your Verdict – Davis owed a duty, defined by state statute, to not take the credit union’s money. Violation of this duty, criminal conduct of taking another’s property or money by a person to whom it has been entrusted, is embezzlement. This act could be proved with the testimony of the auditors. Davis’ criminal intent can be established by her conduct. Acts were intentional and she intended to do evil. So, Davis did commit a crime. The return of the money does not alter this fact. What’s Your Verdict?

9. If corporation’s employees have criminal intent, can their employer be judged to have criminal intent? • Yes – Courts would find criminal intent in the organization • President of a company knows generally about very dangerous working conditions but does nothing to protect workers from the risk. Worker is killed because a supervisor failed to take safety precautions. Could president be charged with the crime of homicide? • Yes Criminal Intent and Corporations

10. Criminal Intent and Age • Children below the age of reason – incapable of having criminal intent necessary for crimes. • Mental Capacity • Know the difference between right and wrong.  Insane persons are not held responsible for their criminal acts. • Voluntary intoxication or use of drugs?  Responsible • Crimes not requiring criminal intent • Some crimes don’t require element of criminal intent. • For less serious crimes where being sentenced to jail is very unlikely • Example: Speeding ticket.  Did not intend evil, but still committed offense. • Extreme carelessness – Drive 80mph through a residential neighborhood while drunk and kill a pedestrian. Is this a crime? • Yes. May not have intended to speed or do evil, but conduct was so careless that some courts treat it the same as criminal intent. You could be convicted of vehicular homicide. Criminal Intent

11. What’s Your Verdict: Murdock was a witness at a civil trial for damages. Before testifying, he took an oath “to tell the truth, the whole truth, and nothing but the truth.” Nevertheless, while being questioned by one of the attorneys, Murdock deliberately lied, hoping to help the defendant. • If this could be proved, could he be punished for a crime?

12. Felony: crime punishable by confinement for more than a year in a state prison or by a fine of more than $1,000, or both – or even death. • Examples: Murder, kidnapping, arson, rape, robbery, burglary, embezzlement, forgery, theft of large sums, perjury. • In What’s Your Verdict – Murdock committed perjury – may be imprisoned for two or three years. Classification of Crimes

13. Misdemeanor: less serious crime. Usually punishable by confinement in a county or city jail for less than one year, by fine, or both. • Examples: disorderly conduct, speeding • Lesser misdemeanors – infractions. Persons convicted of infractions can only be fined. Because there is no risk of being jailed, the defendant charged with an infraction is not entitled to a jury trial. • Examples: parking violations, littering. Classification of Crimes

14. White-Collar Crimes: Do not involve force or violence, do not cause injury to people, and do not cause physical damage to property. • Examples: evading income taxes, defrauding consumers, cheating with false weighing machines, conspiring to fix prices, making false fire insurance and auto insurance claims, engaging in false advertising, committing bribery, engaging in political corruption, and embezzling. Business-Related Crimes

15. Larceny (commonly known as theft) • Robbery: taking of property from another’s person or immediate presence, against the victim’s will, by force or by causing fear. Always a felony. • Burglary: entering a building without permission when intending to commit a crime. Always a felony. • Shoplifting • Pickpocketing • Purse snatching • Receiving Stolen Property • Forgery: falsely making or materially altering a writing to defraud another. • Bribery: unlawfully offering or giving anything of value to influence performance of an official. • Example: professional gambler pays an athlete to lose a game intentionally • Computer Crime • Extortion (commonly known as blackmail) is obtaining money or other property from a person by wrongful use of force, fear, or the power of office. • Conspiracy: agreement between two or more persons to commit a crime. • Example: Business executive of competing corporations conspire to fix prices or to divide the market • Arson: willful and illegal burning of a building. Common Business-Related Crimes

16. Goals: • *Know the rights a person has when arrested • *Recognize a person’s potential criminal liability for actions of others • *Understand the justifiability of the common defense to criminal charges. 5.2 Criminal Procedure

17. A person who aids another in the commission of a crime is also guilty of criminal wrongdoing. • Example: person who acts as a lookout to warm a burglar of the approach of the police Criminal Conduct of Others

18. The state must prove the defendant is guilty beyond a reasonable doubt. But, even when it appears this has been done, the defendant may escape criminal liability by subsequently establishing a defense. A defense allows the defendant to escape liability. • Procedural Defenses: based on problems with the way evidence is obtained or the way the accused person is arrested, questioned, tried, or punished. • Example: defendant who had confessed to a crime might assert the defense that she signed the confession only because she was threatened by police. • Substantive Defenses: disprove, justify, or excuse the alleged crime. • Self-defense: use of force that appears to be reasonably necessary to the victim to prevent death, serious bodily harm, rape, or kidnapping. • Criminal insanity: When accused does not know the difference between right and wrong. • Immunity: freedom from prosecution even when one has committed the crime charged. • Example: One criminal may be granted immunity in exchange for an agreement to testify about the criminal conduct of several other criminals. Defense to Criminal Charges

19. Students stage a mock crime, arrest, interrogation, and court scene. Students should include a defense in the mock trial. Enrichment Activity: