Law For Business And Personal Use Chapter 5 – Our Criminal Laws

What Are Crimes? Offenses against society State prosecutes – victim does not benefit directly Victim can sue in civil court, but criminals are often judgment proof Our Criminal Laws 2

What Are Crimes? 3 elements Duty to do (or not do) something Act or omission in violation of duty Criminal intent (not always necessary) Intent to commit the act Intent to do evil Our Criminal Laws 3

What Are Crimes? Overview of criminal conduct Crimes against persons Assault, rape, etc. Crimes against property Embezzlement, theft, etc. Crimes against the government and justice Tax evasion, bribery, perjury, etc. Our Criminal Laws 4

What Are Crimes? Overview of criminal conduct Crimes against public peace and order Rioting, drunk and disorderly conduct, etc. Crimes against realty Burglary, arson, etc. Crimes against consumers Violation of pure food and drug laws, etc. Crimes against decency Bigamy, obscenity, prostitution, etc. Our Criminal Laws 5

How Are Crimes Classified? Felonies – serious crimes Murder Kidnapping Arson Rape Robbery Burglary Home invasion Embezzlement Forgery Theft of large sums Perjury Our Criminal Laws 6

How Are Crimes Classified? Misdemeanors – less serious crimes Disorderly conduct Speeding Larceny of small sums Infractions – lesser misdemeanors Parking violations Failing to clear snow from sidewalks Littering Our Criminal Laws 7

What Are Business-Related Crimes? Larceny – theft (taking property of another with intent to deprive the owner of possession) Robbery – take from person by force or fear Burglary – entering a building not open to the public with intent to commit a crime Shoplifting, pickpocketing, purse snatching Our Criminal Laws 8

What Are Business-Related Crimes? Receiving stolen property Fence (knowingly) False pretenses Victim parts with property voluntarily Forgery Making or altering a document to defraud (must have intent) Our Criminal Laws 9

What Are Business-Related Crimes? Bribery Unlawfully offering or giving a government official anything to influence duty Extortion (Blackmail) Obtaining something by force, fear, or power of office Conspiracy Agreement to commit a crime Our Criminal Laws 10

What Are Business-Related Crimes? Arson Willful, illegal burning of a building Selling and buying narcotics Possession or offering to sell Computer crime Accessing, altering, damaging, or destroying without authorization Our Criminal Laws 11

What Rights Does A Person Have When Arrested? Fair procedures during investigation and court Due process Don’t have to testify against oneself Right to cross-examine witnesses Representation by lawyer Our Criminal Laws 12

When Is One Party Responsible For The Criminal Conduct Of Another? Plans crime Lookout Accomplice Corporations Vicarious criminal liability (substituted) Criminal intent of employees is criminal intent of officers Officers of corporation liable for actions of managers Our Criminal Laws 13

What Are Defenses To Criminal Charges? Procedural defenses Problems with way evidence is obtained Problems with way arrested, questioned, tried, or punished Our Criminal Laws 14

What Are Defenses To Criminal Charges? Substantive defenses Disprove, justify or excuse alleged crime Alibi Somewhere else Self-defense Reasonable force against death, serious bodily harm, kidnapping, rape Self Family Only nondeadly force can be used to protect or recover property Our Criminal Laws 15

What Are Defenses To Criminal Charges? Substantive defenses (continued) Disprove, justify or excuse alleged crime Criminal insanity Did not know act was wrong because of mental disease Immunity Freedom from prosecution State’s evidence - testimony to convict accomplice Plea bargaining - plead guilty to lesser crime Our Criminal Laws 16

What Are The Punishments For Crimes? Felonies Confinement in state prison more than one year Execution Misdemeanor Confinement in county or city jail for less than one year Fine Both Infractions Fines only Since not at risk of jail, not jury trial Our Criminal Laws 17