V. Criminal Law Chapter 5 Criminal Law Lesson Objectives

Slides:



Advertisements
Similar presentations
Criminal Law and Procedure
Advertisements

Chapter 5 Our Criminal Laws Criminal Procedure. Rights When Arrested Don’t have to testify against themselves Right to a lawyer Evidence must establish.
Criminal Law and Procedure
Chapter 5 – Criminal Procedure. The Role of the Police The process by which suspected criminals are identified, arrested, accused and tried in court is.
Chapter 10 Criminal Law and Procedure. 2 Civil Law and Criminal Law Major differences: Civil (Tort)Criminal PreponderanceBeyond Reasonable Doubt DamagesJail.
Chapter 5 Criminal Law. Crime vs. Civil Offense Crime = A punishable offense against society. Civil Offense = Offenses against just the victim, not society.
Chapter 4 Criminal Law and Procedure
Criminal Law LESSON 5-1 Define the elements present in all crimes
Chapter 5 Test Review Test Friday.
5-1 Criminal Law 5-2 Criminal Procedure
Inside Criminal Law.
© 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license.
Criminal Law and Procedure
Criminal Law & Criminal Procedure Chapter 5
Business Law Mr. Smith. CRIMINAL LAW A crime is a punishable offense against ________________ or the public It disrupts the __________________ we depend.
Chapter 4 Our Criminal Laws. What are Crimes? Crimes-punishable offenses against society Crimes contrast with civil offenses (against a victim vs. society)
Law for Business and Personal Use © South-Western, a part of Cengage LearningSlide 1 Chapter 4 Criminal Law and Procedure Chapter 4 Criminal Law and Procedure.
© 2005 West Legal Studies in Business, a division of Thompson Learning. All Rights Reserved.1 PowerPoint Slides to Accompany The Legal, Ethical, and International.
LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible.
Rights When Arrested Objective 2.01 Recognize types of courts. Business Law.
LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 5 Slide 1 Our Criminal Laws Criminal Law Criminal Procedure CHAPTER.
Chapter 6 Criminal Law and Cyber Crimes. 2  What two elements must exist before a person can be convicted of a crime?  Can a corporation be liable for.
1 Chapter Outline 1. Civil Law and Criminal Law 2. Classification of Crimes 3. The essentials of Criminal Liability 4. Corporate Criminal Liability 5.
© 2007 West Legal Studies in Business, A Division of Thomson Learning Chapter 6 Criminal Law and Cyber Crimes.
Chapter What arguments can you make for trying Emily? 2. What arguments can you make against trying her?
© 2008 West Legal Studies in Business A Division of Thomson Learning 1 BUSINESS LAW TODAY Essentials 8 th Ed. Roger LeRoy Miller - Institute for University.
Criminal Law Business Law Mr. DelPriore. What is a crime? Punishable offense against society We identify, arrest, prosecute, punish To protect us! Crimes.
You and the Legal System
Chapter 4 Criminal Law. Categories Business Related.
Chapter 5 Crimes. Offenses Against Society When a crime occurs, society, acting through such employees as police and prosecutors, attempts to identify,
Unit 1 Chapter 5 Crimes What is a good definition of crime? Here the US Supreme Court called to order at
Criminal & Civil Law Chapter 15. Where do our laws come from? The Constitution – Constitutional Law The Legislature – Statutory law The Decisions of Judges.
Chapter 4 Matthea Robbins.
LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible.
5-1Criminal Law 5-2Criminal Procedure 1Chapter 5 CHAPTER 5 Business Law Mrs. A.
Unit 4 Lesson 5: Criminal Law
Section 4-1 Define elements present in all crimes Describe crimes that commonly occur in the business environment.
LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible.
CRIMINAL LAW Objective: Know the rights a person has when arrested Recognize a person’s potential criminal liability for the actions of others Understand.
Law for Business Mr. Bernstein Criminal Law and Procedures, pp October 8, 2014.
Chapter 5 Criminal Law.  What two elements must exist before a person can be convicted of a crime?  Can a corporation be liable for a crime?  What.
Crime-Tort Jeopardy Business Related Crimes Elements of a Crime Classify Defenses Elements of a Tort Types of Torts Civil Procedure $100100$100100$100100$100100$100100$100100$
CHAPTER 8 CRIMES AND BUSINESS DAVIDSON, KNOWLES & FORSYTHE Business Law: Cases and Principles in the Legal Environment (8 th Ed.)
Law for Business and Personal Use © Thomson South-Western CHAPTER 4 Criminal Law and Procedure 4-1 Criminal Law 4-2 Criminal Procedure.
Criminal Law. Objective: Students will be able to:  Evaluate info given during a civil law case and determine the award.  Explain what criminal law.
Classification of Crimes  Crimes are classified as :  1). Felonies  2). Misdemeanors  Felony: A felony is a crime punishable by confinement for more.
Criminal Law.
Chapter 7 Criminal Law and Cyber Crimes
CHAPTER 4 Criminal Law and Procedure
Criminal Law and Procedure
Chapter 3: Defining & Measuring Crime
Chapter 8 Criminal Law and Cyber Crimes
Chapter Criminal Law.
Fundamentals of Business Law
9/13 Business Law Aim: Explain the rights of the accused? p. 78 # 24
5-1 Criminal Law 5-2 Criminal Procedure
Criminal Justice Process
Criminal Law & Procedure Chapter 4
Chapter 4 Criminal Law and Procedure
What is a good definition of crime?
Lesson 5-2 Criminal Procedure.
Criminal Law Defenses Lesson 5-2 Quiz Review.
V. Criminal Law Chapter 5 Criminal Law Lesson Objectives
PERSONAL LAW- FINAL EXAM REVIEW
BUSINESS LAW TODAY Essentials 9th Ed
Criminal Law and Procedure
Law For Business And Personal Use
CHAPTER 5 TEST REVIEW Criminal Law.
Presentation transcript:

V. Criminal Law Chapter 5 Criminal Law Lesson Objectives 12/8/2018 Lesson 5 BHS Law Related Education Law I Chapter 5 Criminal Law V. Criminal Law Lesson Objectives Define the Elements Present in All Crimes. Analyze and Comprehend the Classification of Criminal Conduct and Crimes. White Collar Crime v. Blue Collar Crime. Analyze and Define Vicarious Criminal Liability Host and Corporate Liability. Criminal Procedure.

CHAPTER 1 12/8/2018 Lesson 5 BHS Law Related Education Law I Chapter 5 Criminal Law A. Elements of a Crime Before a person can be convicted of a crime, three elements must be proved at trial; (Please read Problem 21 on page 85) a) Duty b) Violation of the Duty c) Criminal Intent

Duty A. Elements of a Crime CHAPTER 1 12/8/2018 Lesson 5 Slide 3 BHS Law Related Education Law I Chapter 5 Criminal Law A. Elements of a Crime Duty A responsibility to do or not do something that is usually stated in a statute or ordinance. (What was the duty in Paula’s case?) To establish the duty at trial the prosecutor will cite the statute or ordinance violated by the defendant. (Fraudulent Scheme -an illegal enterprise (such as extortion or fraud or drug dealing) carried on for profit. 3

Violation of the Duty A. Elements of a Crime CHAPTER 1 12/8/2018 Lesson 5 Slide 4 BHS Law Related Education Law I Chapter 5 Criminal Law A. Elements of a Crime Violation of the Duty An act or failure to act that violates the duty established by the statute or ordinance. (Did Paula violate the duty?) The specific conduct that violates the statute or ordinance is considered the criminal act. 4

Criminal Intent A. Elements of a Crime CHAPTER 1 12/8/2018 Lesson 5 Slide 5 BHS Law Related Education Law I Chapter 5 Criminal Law A. Elements of a Crime Criminal Intent Criminal intent refers to the defendant’s state of mind (mens rea) at the time an act is carried out. To form criminal intent a person must have the mental capacity to know the difference between right and wrong. 5

A. Elements of a Crime Chapter 5 Criminal Law Criminal Intent 12/8/2018 Lesson 5 Slide 6 BHS Law Related Education Law I Chapter 5 Criminal Law A. Elements of a Crime Criminal Intent An exception to the element of criminal intent is where a person acts with extreme carelessness or recklessness. Proving extreme carelessness or recklessness replaces the element of intent. The following analysis will help determine if there was criminal intent; Was the act or actions intentional or reckless/careless? Were there illegal consequences of that act or actions? 6

B. Classification of Crimes CHAPTER 1 12/8/2018 Lesson 5 Slide 7 BHS Law Related Education Law I Chapter 5 Criminal Law B. Classification of Crimes A crime is classified as either a; Misdemeanor-a less serious crime usually punishable by confinement in a county or city jail for less than one year, by fine, or both. Felony-a 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. 7

3. Blue Collar v. White Collar Crime CHAPTER 1 12/8/2018 Lesson 5 Slide 9 BHS Law Related Education Law I Chapter 5 Criminal Law 3. Blue Collar v. White Collar Crime White Collar Crime-a generic term for crimes involving dishonest business practices. (Commercial fraud, cheating consumers, swindles, insider trading on the stock market, embezzlement) The term comes from the out-of-date assumption that business executives wear white shirts with ties. It also distinguishes these crimes and criminals from physical crimes, supposedly likely to be committed by "blue collar" workers. 8

C. Vicarious Criminal Liability CHAPTER 1 12/8/2018 Lesson 5 Slide 8 BHS Law Related Education Law I Chapter 5 Criminal Law C. Vicarious Criminal Liability The legal doctrine of Vicarious Criminal Liability holds one person responsible for the criminal conduct of another. Examples include; Host liability Corporate liability 9

CHAPTER 1 12/8/2018 Lesson 5 Slide 10 BHS Law Related Education Law I Chapter 5 Criminal Law D. Criminal Procedure Burden of Proof-Under the U.S. criminal justice system, the defendant is presumed to be innocent unless and until the State has proven guilt “beyond a reasonable doubt.” Reasonable doubt is an honest and reasonable uncertainty as to the guilt of the defendant after a full, fair and impartial consideration to all of the evidence. 10

D. Criminal Procedure Chapter 5 Criminal Law 12/8/2018 Lesson 5 Slide 10 BHS Law Related Education Law I Chapter 5 Criminal Law D. Criminal Procedure Under the Constitution persons accused of a crime have rights. Right of Due Process-(5th & 14th Amend.) Right to trial by jury-(6th Amend.) Right to assistance of counsel-(6th Amend.) May not be compelled to testify against themselves. (5th Amend.) 11

D. Criminal Procedure Defenses to Criminal Charges CHAPTER 1 12/8/2018 Lesson 5 Slide 11 BHS Law Related Education Law I Chapter 5 Criminal Law D. Criminal Procedure Defenses to Criminal Charges Procedural Defenses Problems with the way evidence is obtained. Problems stemming from the way a person is arrested, questioned, tried or punished. Substantive Defenses disprove, justify or excuse criminal behavior. Examples: Self defense, insanity, and immunity. 12

D. Criminal Procedure Plea Bargaining Chapter 5 Criminal Law 12/8/2018 Lesson 5 Slide 12 BHS Law Related Education Law I Chapter 5 Criminal Law D. Criminal Procedure Plea Bargaining The accused may plead guilty to a less serious crime in exchange for having a more serious charge dropped. Plea bargaining is a useful case management tool for the criminal courts to manage backlog. 13