Our Criminal Laws

1. Our Criminal Laws Chapter 5

2. What are Crimes? Crime – punishable offense against society Contrast with civil offenses – offenses against just the victim, not society. ** 2 parties: defendant and plaintiff In criminal cases: Defendant – Person accused of a crime Plaintiff – the state or fed. Govt., representing the public at large (prosecutor) Crimes are defined by statute (laws enacted by state or federal legislatures. - tell us what conduct is prohibited

3. Elements of a Crime • Duty – the duty to do or not do a certain thing. • Breach of duty – an act or omission in violation of that duty (criminal act) • Criminal Intent • Intended to commit the act • Intended to do evil

4. Criminal Intent Creates two issues for corporations. • If employees have criminal intent, their employer may be judged to have criminal intent. • If duties assigned benefit corporations, courts may find criminal intent. a. Corporate officers can be held liable – vicarious criminal liability

5. Criminal Intent • Related to age – usually under 7 years considered below the age of reason. • Must have sufficient mental capacity to know difference between right and wrong. • Some crimes do not require intent – speeding, minor traffic offenses

6. Criminal Conduct Classifications • Crimes against a person (assault, battery, kidnapping, rape, murder) • Crimes against property (theft, robbery, embezzlement) • Crimes against government administration of justice (treason, tax evasion, perjury) • Crimes against public peace and order (rioting, disorderly conduct, illegal speeding)

7. Criminal Conduct Classifications • Crimes against realty (burglary, arson, criminal trespassing) • Crimes against consumers (fraudulent sale of securities, violation of drugs and food laws) • Crimes against decency (bigamy, obscenity, prostitution)

8. Classification of Crimes • Felony – Major crime, punishable by imprisonment, fine of $1,000 or more or death • Murder, kidnapping, arson, rape, robbery • Misdemeanor – less serious crime with a less serious punishment • Fine or imprisonment in a state or local jail • Disorderly conduct, speeding, driving w/o a license, leaving scene of accident • Some states classify misdemeanors as Infractions – illegal parking, littering

9. Business-Related Crimes • White – collar crimes – offenses committed in the business world • Usually some sort of fraud, deceit, and are nonviolent • Examples: evading income taxes, defrauding consumers, false insurance claims, false advertising, bribery, political corruption, embezzlement • Punishment – fines or short prison sentences

10. Antitrust Laws • State that competing companies may not cooperate in fixing prices or in dividing sales regions. • require that business firms compete with one another

11. Business-Related Crimes • Larceny (theft) -- wrongful taking of money or personal property belonging to someone else, with intent to deprive the owner of possession. • Felony or Misdemeanor – depends on value of property stolen and other circumstances • Petty -- $300 or less • Grand – more than $300

12. Business-Related Crimes • 2 Types of Larceny • 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. • False Pretenses – obtaining money or other property by lying about a past or existing fact • Type of fraud – victim parts with property voluntarily • Forgery – falsely making or materially altering a writing to defraud another • Form must have legal effect

13. Business-Related Crimes • Bribery – act of paying or giving anything of value to public officials in order to influence their official activity • Extortion – (blackmail) the unjust taking of money or thing of value by a public official. • Victim gives up money or property, but does so out of fear • Computer Crimes – many states have created new laws for computer-related crimes • Conspiracy – an agreement between 2 or more persons to commit a crime • A crime separate from the crime • Arson – the willful and illegal burning of a building

14. Chapter 5 – Section 2Criminal Procedure Rights When Arrested Right to DUE PROCESS requires fundamental fairness in governmental actions. Fair procedure during an investigation and in court. • Some examples: • Defendants do not have to testify against themselves. • Defendants have the right to cross-examine witnesses. • The accused has a right to be represented by a lawyer. • To convict, evidence must establish guilt with proof beyond a reasonable doubt (vast majority of evidence supports the guilty verdict. • Defendants have a right to trial by jury.

15. Criminal Procedure • Responsibility for the Criminal Conduct of Others When you aid another in committing a crime, you may also be found guilty EX: If someone is killed during a felony, all accomplices can be found guilty of the homicide.

16. Defenses to Criminal Charges • Defense – a legal position that allows the defendant to escape criminal liability • 2 types of Defense 1. Procedural 2. Substantive Procedural – based on the problems with the way evidence is obtained or the way the accused person is arrested, questioned, tried, or punished. Substantive – disprove, justify or excuse the alleged crime – discredit the facts that the state sought to establish. EX: you are placed at the scene of a crime as the suspect, but you can prove you were in the hospital at the time the crime was being committed. Examples of Substantive defense: self-defense, criminal insanity and immunity

17. Substantive Defenses • Self-Defense – the use of force that appears to be reasonably necessary to the victim to prevent death, serious bodily harm, rape or kidnapping. • Also extends to one’s family and household and to others whom one has a legal duty to protect. • May not use deadly force if non-deadly force appears reasonably sufficient.

18. Substantive Defenses • Criminal insanity – exists when the accused does not know the difference between right and wrong. • Defendant must prove the criminal insanity. • Immunity – freedom from prosecution even when one has committed the crime. • In exchange for an agreement • Government grants immunity – testimony may incriminate witness Ignorance of law is not a defense

19. Contempt of court – action that hinders the administration of justice – refuse to testify in court. • Punishments for Crime • Punishment – any penalty provide by law and imposed by a court • Plea bargaining – an agreement by which the accused agrees to plead guilty to a less serious crime in exchange for having a more serious charge dropped. • Gives up right to a public trial to avoid the risk of a greater penalty if convicted.