Chapter 4 4-1 Criminal Law

Crimes and Criminal Behavior 4-1 Criminal Law Crimes and Criminal Behavior Crime – A punishable offense against society. Police and prosecutors attempt to identify, arrest, prosecute, and punish the criminal. These efforts are designed to protect society, NOT the victim of the crime.

Elements of Criminal Acts 4-1 Criminal Law Elements of Criminal Acts Duty Everyone had a legally enforceable duty to conform his or her conduct to the law’s requirements. Violation of the Duty The specific conduct of the defendant that violates the statute – THE CRIMINAL ACT Criminal Intent Refers strictly to the state of mind that must be present concurrently with the alleged criminal act or failure to act. Motive – what specifically drives a person to act or refrain from doing so.

Criminal Intent - Corporations 4-1 Criminal Law Criminal Intent - Corporations If a corporation’s employees have criminal intent, their employer many be judged to have criminal intent. If the employees were doing their assigned duties and the criminal act benefits the organization, the organization had criminal intent. A corporation’s officer CAN be held criminally liable. Vicarious criminal liability – criminal intent of the employee is used as a substitute for the requirement of criminal intent for an officer (president, CEO, CFO, etc.)

4-1 Criminal Law Criminal Intent - Age Common Law Today Children under the age of 7 were considered incapable of forming the criminal intent necessary for crimes Those over 14 were presumed capable of recognizing the different between right and wrong and held accountable as adults for their acts. Today Most states fix the age of criminal liability at 18, but the figure ranges from 16 to 19. Some state statutes provide that minors as young as 7 may be tried and punished as adults for more serious crimes such as murder.

Criminal Intent – Mental Capacity 4-1 Criminal Law Criminal Intent – Mental Capacity Knowing the difference between right and wrong Insane persons are not held responsible for their criminal acts People who voluntarily become intoxicated or drugged are held responsible

Criminal Intent – Not Required 4-1 Criminal Law Criminal Intent – Not Required Some minor crimes do not require the element of criminal intent Traffic offenses Speeding Circumstances of extreme carelessness Reckless driving

Classifications of Crimes 4-1 Criminal Law Classifications of Crimes  Felony A crime punishable by confinement for more than a year and/or fined more than $1000 (or death). Misdemeanor A less serious crime punishable by confinement of less than one year and/or fined less than $1000

4-1 Criminal Law Felony Misdemeanor Severity More severe crimes Less severe crimes Examples Murder, robbery, grand theft Shoplifting, domestic fight Punishment Can go to state prison for more than 1 year A sentence of less than 1 yr in county jail and/or fine Effect on civil liberties Complete loss of second amendment rights, right to vote, serve on jury and hold public office No effect on civil liberties

4-1 Criminal Law Type of Crime Crimes against… A person Property Assault and battery Kidnapping, Rape , Murder Property Theft Robbery Embezzlement Government and administration of justice Treason Tax evasion Perjury Public peace and order Rioting Disorderly conduct Realty Burglary Arson Criminal trespass Consumers Fraudulent sate of securities Violation of pure food and drug laws decency Bigamy Obscenity

4-1 Criminal Law Business Related Crimes White-Collar Crimes- do not involve force or violence and do not cause physical injury to people or physical damage to property.

Business Related Crimes 4-1 Criminal Law Business Related Crimes Larceny (theft) – the wrongful taking of money or personal property belonging to someone else, with intent to deprive the owner of it. 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 to a crime.

Business Related Crimes 4-1 Criminal Law Business Related Crimes Receiving Stolen Property Knowingly receiving stolen property – fence (one who receives stolen property) False Pretenses Obtains money (property) by lying about a past or existing fact (type of fraud) Forgery Falsely making or materially altering a writing to defraud another (usually a felony) Bribery soliciting or accepting the bribe is also a crime

Business Related Crimes 4-1 Criminal Law Business Related Crimes Computer Crime Computer Fraud and Abuse Act Extortion Blackmail – obtaining money (property) from a person by wrongful use of force, fear, or the power of office. Conspiracy An agreement between two or more persons to commit a crime. Arson The willful and illegal burning or exploding of a building.

4-2 Criminal Procedures Rights of the Accused The right to due process Fair procedures during an investigation & in court Probable cause – a reasonable ground for belief The right of the accused to be represented by a lawyer The state will provide one if you cannot afford one Trial by jury Can be requested by either the prosecutor or defendant

4-2 Criminal Procedures Rights of the Accused

Responsibility for the Criminal Conduct of Others 4-2 Criminal Procedures Responsibility for the Criminal Conduct of Others A person knowingly aids another in the commission of a crime also is guilty of criminal wrongdoing

Defenses to Criminal Charges 4-2 Criminal Procedures Defenses to Criminal Charges Defense – a legal position taken by an accused to defeat the charges against him or her. Procedural Defenses Substantive Defenses

Defenses to Criminal Charges 4-2 Criminal Procedures Defenses to Criminal Charges Procedural Defenses Based on problems with the way evidence is obtained or the way an accused person is arrested, questioned, tried, or punished. Ignorance of the law is not a defense.

Defenses to Criminal Charges 4-2 Criminal Procedures Defenses to Criminal Charges Substantive Defenses Disprove, justify, or excuse the alleged crime. Discredit the facts that the state sought to establish. Self defense – the use of force that appears to be reasonably necessary to the victim to prevent death, serious bodily harm, rape, or kidnapping. This defense extends to members of one’s family and household and to others whom one has a legal duty to protect Only non-deadly force may be used to protect or recover property. You may not shoot a thief who is escaping with stolen property Insanity – Because of a verifiable mental disease or defect, the accused does not know the difference between right and wrong. Immunity – freedom from prosecution even when one has committed the crime charged. In exchange for testimony Given to reluctant witnesses to remove the privilege of self-incrimination

Defenses to Criminal Charges 4-2 Criminal Procedures Defenses to Criminal Charges Substantive Defenses Contempt of court – action that hinders administration of justice Punishable by imprisonment Example: A witness who refuses to testify after the grant of immunity Punishment – A penalty provided by law and imposed by courts Purpose is to discipline the wrongdoer and deter others from similar behavior 8th Amendment – prohibitions against excessive bail and fines and inflicting cruel and unusual punishment. Plea Bargain – an accused person may agree to plead guilty to a less serious crime in exchange for having a more serious crime dropped The accused gives up all rights to a public trial Must be approved by the judge

Pre-trial Criminal Procedure 4-2 Criminal Procedures Pre-trial Criminal Procedure Indictment – a written accusation declaring that there is sufficient evidence to try an identified individual for a specific crime A grand jury (between 16-22 people) is selected to hear, in secret, the evidence of alleged crimes submitted by the prosecutor. Arraignment – A proceeding before the court during which the formal charges are read. Preliminary hearing – If the plea is not guilty, the defendant may request this hearing, at which the evidence against him will be presented to the court to determine if there is sufficient cause to hold a trial. Bail – The sum of money or property deposited or pledged to guarantee that the arrested person will appear in court. Bail bond agent – puts up your bail for a fee (usually 10%) If the accused does not appear for court – the bail if forfeited to the state ROR – Released on your own recognizance

4-2 Criminal Procedures Preparation for Trial Private investigators Supporting documents Witnesses to the crime Subpoena – A command to an individual to appear and testify or produce documents or other evidence Failure to comply is a type of contempt of court

4-2 Criminal Procedures Procedure at Trial Issues of fact are determined by a jury (judge if there is a bench trial) Issues of law are always decided by a judge Jury selection (registered voters, drivers, tax payers) The preliminary exam of potential jurors is known as voir dire. Challenge for good cause (ties through, marriage or employment) Preemptory challenges – dismissed without having to state cause (limited number)

4-2 Criminal Procedures Procedure at Trial Opening statement - Briefly outlines each side’s case as to what will be proved by the evidence they intent to offer. Evidence - Anything that provides information used to prove or disprove the alleged facts. Testimony – evidentiary statements made by witnesses in court under oath. direct examination – the side calling the witness (prosecution or defense) cross examination – the opposing side may question the witness. redirect exam – the calling side has an opportunity to counter some questions raised on cross. This may be followed by a recross. physical evidence: written documents, records, charts, weapons, photographs, or other objects.

4-2 Criminal Procedures Procedure at Trial After closing remarks the jury will be instructed that the evidence must show beyond a reasonable doubt in order to convict. The decision of the jury on the issue of fact is the verdict. If a unanimous verdict of “guilty” or “not guilty” cannot be obtained after considerable deliberations, the jury is considered to be a hung jury. Not Guilty – the accused is set free and may not be tried again.

4-2 Criminal Procedures Guilty sentencing hearing sentencing Procedure at Trial Guilty sentencing hearing victim’s statements may be read statements from the victim’s family may be read sentencing incarceration and/or fine probation