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