Chapter 5- Criminal law Lesson 5-1

What you will learn What elements are present in all crimes Describe common criminal activities Describe typical Business Criminal activities How are crimes Classified How are crimes Categorized

What are Crimes? “Anything” that is considered to be against society It is a “Punishable” offense Society is effected through safety, need to pay police, pay judges, pay prosecutors/public defenders and pay for courts Prosecutors represent the people (Government)

How are crimes determined? Based on State or Federal Statutes as well as local ordinances Society determines what laws benefits the most people to make us safe or protect our freedoms Certain conducts are prohibited by law, such as no smoking in public places in NY State or California

What are the elements of every criminal act? A Duty: Based on a criminal statute telling a person what they can or cannot do A Breach of Duty: Which means the statute was violated by the defendant Criminal Intent: Proof that the defendant meant to commit the act and intended evil (A deliberate act)

How is criminal Intent proven? Not an easy thing to show Criminal intent in trials is proven through witness testimony or evidence Jury either believes or does not believe the proof being shown “Pre-Meditation” means not only did the defendant intend the act, they also planned it or thought about it long enough to know what they were doing First degree crimes need this as part of the proof (First degree are the most serious crimes)

How are criminal acts Classified Misdemeanors: Less serious criminal acts where the defendant can get jail up to “1” year or some type of fine or probation Felonies: More serious criminal acts where a defendant can get 1 year to life in a “prison”, a death sentence or a fine of $1000 or more as restitution as part of their penalty

Why are felonies more serious? Felonies are part of a persons “Permanent” record, meaning you can be asked if you have a felony on a job application You are banned from certain jobs, from voting and other activities Felonies are typically more violent criminal acts or have a stronger economic impact ($$)

How are crimes “Sub- Classified”? Crimes against a person: (Assault and battery, kidnapping, rape, murder) Crimes against Property: (Theft, Robbery, Embezzlement) Crimes against the Government: (Treason, Tax evasion, Perjury) Crimes against Public Peace and Order: (Rioting, disorderly conduct, Illegal speeding) Crimes against Consumers: (Sale of Securities, food and drug laws) Crimes against Decency: (Bigamy, Obscenity, prostitution)

What is Embezzlement? This means taking something that has been entrusted to you Ex) If you work for a business and steal money or supplies that belong to the business It’s a form of Larceny Can be a Misdemeanor or a felony

What is Vicarious Criminal Liability? This means being criminally responsible for the acts of an employee Ex) If you have an employee who is selling arms to a terrorist organization under your control, YOU as the manager could be responsible, even if you were unaware it was happening

What is Perjury? This means lying under oath Can happen in court, during a deposition or in front of a judge Ex) If you tell a lie to get a person you don’t like convicted of a crime or tell a lie to help a friend This is a felony offense and there is jail based on the severity of the offense

What is a White Collar Crime? This is a term that means a “Business Offense” Usually these crimes do not contain any force or violence, but rather are things involving consumer protection laws, violations of Food and Drug acts, Usury (Charging an illegal rate of interest on a loan) or other business crimes

What are Anti-Trust Laws? Anti-Trust laws involve anything business related in which competition is eliminated from a businesses relationship with other businesses In a Capitalist system, competition is the key objective Without competition, there are monopolies (A business controlling an entire industry) or unfair trade policies (Bullying, Bid Rigging, etc..) Competition means the consumer gets the best product at the best price.

What is Larceny? Larceny is the term that means common theft (Taking property belonging to someone else) Larceny can be Petit or Grand Petit means under $250 in NY State Grand means more than $250 Can be a misdemeanor or a felony offense

What is Robbery? Robbery is a variation of larceny in which a person takes property off another person Specifically defined (As per Substantive Law Rights) Ex) walk up behind a person, point a gun in their back and say “Give me all your money”

What is Burglary? Burglary is ALSO a variation of larceny in which a person “Enters” a property with the intention to commit a crime Specifically defined (As per Substantive Law Rights) Ex) Breaking into a home to steal money or goods

What is Receiving Stolen Property? Receiving Stolen Property is “Knowingly” accepting something known as stolen or buying something known as stolen, so as to keep it from its “rightful Owner” Person receiving the property is known as a fence Ex) Allowing someone to sell you a stolen cell phone

What is Fraud? Intentionally misleading some person about an important (Material) fact One party knows they are lying to the other party to get them to do something Ex) Telling a person a ring has a $8000 diamond in it when its actually a $50 piece of glass

What is False Pretenses? This is when a person lies about a past or existing fact to “mislead” another person into selling something A type of fraud Ex) Selling someone a used car and telling them the car runs fine, knowing full well it has an engine about to seize or stop running

What is Forgery? This is falsely altering a writing to defraud another person Usually signing a document with another persons name Ex) Going into a bank and signing a person’s name to a document so you can withdraw money from their account without their permission

What is Bribery? Unlawfully offering or giving something of value to influence the performance of an official Accepting a bribe is also a crime (Accomplice) Ex) Paying a Police Officer for NOT giving you that speeding ticket. You are guilty of offering, they would be guilty if they accept

What is a Computer Crime? Usually its things like illegal hacking, stealing someone's personal information (ID Theft) or taking personal property (Larceny) Proof must be obtained Ex) Using the person’s IEP address, transactions can be traced to the original computer used (If available)

What is Extortion? Commonly known as “Blackmail”, which means force is used to obtain something from another person “Different” than bribery because its not a payoff, its bullying Ex) Promote me or I will report you to the IRS for not paying taxes

What is Conspiracy? An agreement between 2 or more people to work together to commit a criminal act The conspiracy is “Separate” from other criminal acts that take place Ex) Agreeing to rob a bank (Robbery) with your friend driving the getaway car (Accomplice)

What is Arson? The willful or illegal burning of a building Intentionally starting a fire to burn a structure Ex) Getting upset with a boss for not promoting you and going back to burn the place down as retribution

Ticket out the door quiz Questions? “Complete the Ticket out the Door Quiz”