Crimes and Criminal Behavior

Crimes

Crimes fundamental characteristic of crime is that it is a punishable offense against society society - acting through police and prosecutors attempt to identify arrest prosecute punish the criminal

Crimes society's chosen representatives determine what actions to take against person who committed the crime Victims, as individuals, can sue the perpetrator in civil court for damages however, few criminals have the abilities to pay judgements

Crimes Crimes should be carefully defined by statute a well worded criminal statute clearly and specifically defines the behavior it prohibits does not interfere with protected individual rights

Elements of Criminal Acts

Criminal Behavior Prosecution must prove 3 elements regarding alleged criminal behavior whether you had a duty imposed by criminal statute to do or not do a certain thing whether you performed an act or omission in violation of that duty whether or not you had a criminal intent in so doing

Duty to conform his or her conduct to the law's requirements prosecutor cites to the judge a statute that prescribes the duty owed in the case at hand

Duty Violation of the Duty - (breach of duty) - the specific conduct of the defendant that violates the statute could be proved in the trial by the testimony of a witness who saw the defendant commit the crime

Criminal Intent the defendant intended to commit the specific act or omission. must be proven intent and motive are separate intent refers to the state of mind that must be present concurrently with the alleged criminal act motive refers to what specifically drives a person to act

Discuss What’s Your Verdict?

Embezzlement taking another person's property or money by a person to whom it had been entrusted act could be proven with the documentation from the new system and the testimony of investigators.

Criminal Acts Related to Corporations Criminal intent creates two issues related to corporations. can corporations form criminal intent the way individuals can? If corporation's employees have criminal intent, their employer can be judged to have criminal intent if employees were doing their assigned duties and the criminal act benefits the company, organization had criminal intent.

Criminal Acts Related to Corporations when a corporate employee commits a crime, can officers of the company be held criminally responsible? officers will be held criminally liable under the doctrine of Vicarious Criminal Liability. vicarious = substituted

Criminal Acts Related to Age Criminal intent related to age ORIGINALLY children under the age of 7 considered incapable of forming criminal intent. children over the age of 14 were presumed capable of forming criminal intent as they can recognize difference between right and wrong age 7-14 - ability had to be proved

Criminal Acts Related to Age TODAY criminal liability can begin as early as 16 some states still say minors as young as 7 may be tried and punished if accused of serious crimes and if proven capable of forming criminal intent can be tried as an adult. if a minor - it is generally considered juvenile delinquency

Criminal Acts Related to Mental Capacity Criminal intent related to mental capacity if it is a medical related condition (insanity) cannot be held responsible if it is voluntary (drinking or drug related) can be held responsible

Criminal Acts Related to Minor Crimes Criminal intent related to minor crimes some minor crimes do not have to have criminal intent traffic violations (speeding without noticing how fast you were going) extreme carelessness may be same as criminal intent speeding through residential area while intoxicated and hit and killing someone (vehicular homicide)

Classification of Crimes

Crimes Identifying against whom or what they committed felonies or misdemeanors - severity of potential sentences

Felony crime punishable by confinement for more than 1 year in state prison, a fine of more than $1000, both, OR death penalty Ex. murder, kidnapping, arson, rape, robbery, burglary, embezzlement, forgery, theft of large sums, and perjury ALSO Hate Crimes (recently added) - Federal Crimes originally passed in 1969 but amended in 2009 originally included crimes incited by race, color, religion, and national origins now includes disability, sexual orientation, gender, and gender identity

Misdemeanor crime punishable by confinement in a county or city jail for one year or less, fine of $1000 or less, or both ex. disorderly conduct, speeding Lesser misdemeanors are called infractions only fines - no jail time not entitled to jury trial since no jail time ex. parking tickets and littering

Business Related Crimes

Business Related Crimes business are subject to criminal law AKA - White Collar Crime do not involve physical injury to people or damage to property ex. not paying income tax, stock fraud, using false weighing machines, conspiring to fix prices, making false insurance claims, engaging in false advertising, committing bribery, engaging in political corruption, and embezzling

Business Related Crimes courts of more lenient with these crimes because no physical injury or damage punishments are usually fines and short prison sentences Antitrust laws - competing companies may not cooperate on fixing prices or in dividing sales regions

Discuss What’s Your Verdict

Larceny wrongful taking of money or personal property belonging to someone else with intent of depriving owner of it (theft) taking of property from another person against the victim's will by force or by causing fear (robbery) entering a building without permission when intending to commit a crime (burglary) other ex. shoplifting, pickpocketing, and purse snatching felony or misdemeanor depending on value of property stolen robbery and burglary are always felony if stolen property is sold it is a separate crime - selling stolen property

Receiving Stolen Property knowingly receiving or purchasing stolen property (person who receives property is known as a fence)

False Pretenses obtaining money or other property by lying about a past or existing fact type of fraud

Forgery falsely making or materially altering a writing to defraud another most commonly found on checks either by signing a check which is not theirs or changing amounts usually a felony

Bribery unlawfully offering or giving anything of value to influence performance of an official in carrying out their public duties soliciting or accepting bribes is also criminal if involving a non-government party - commercial bribery Foreign Corrupt Practices Act of 1977 - prohibits bribery in foreign countries by US Companies

Computer Crime Computer Fraud and Abuse Act specifically targets computer related crimes ex copy information from one computer to another erasing information from a computer credit card fraud

Extortion obtaining money or other property from a person by wrongful use of force, fear, or power or office AKA - blackmail

Conspiracy agreement between two or more persons to commit a crime agreement is usually secret conspiracy is a separate crime from the criminal act itself

Arson willful and illegal burning or exploding of a building intentionally starting fire that damages or destroys a building or other property without owner's consent if you burn your own property to defraud an insurance company