CHAPTER 5 TEST REVIEW Criminal Law

What are all criminal acts against? Society Civil or torts are against a person

Why are criminal acts against society? We all pay for crimes Money for police, courts, jails Safety within society Saves people money (Theft)

What are the 3 elements of all crimes? Duty Breach Intent

How is the criminal duty defined? The duty is based on the criminal statute itself (The law) What a person is supposed to do or not supposed to do

How does a defendant breach their duty? If they disobey a criminal statute (The law) Doing the opposite of what they are supposed to do legally

How is criminal intent defined? Criminal intent is based on: Committing what society determines is an evil act Intending to do the act itself

What crime is defined as taking something that has been entrusted to you? Embezzlement Cashier taking money from their drawer

What crime is defined as how an officer of a business is held responsible for the acts of their employees? Vicarious criminal liability

What crime is defined as a criminal offense in the business world? White collar crimes

What crime is defined as when competing businesses do not compete but set prices or divide sales regions together? Anti-trust laws

What crime is defined as being commonly known as theft? Larceny Petty (Small) and grand (Large)

What crime is defined as taking property from another person? Robbery

What crime is defined as lying about a past or existing fact? False pretense (A form of fraud)

What crime is defined as falsely making or materially altering a writing to defraud another? Forgery Material means important

What crime is defined as unlawfully offering or giving something of value to influence an official? Bribery Paying a person off to get what you want

What crime is defined as obtaining money or property by use of force? Extortion Commonly known as blackmail

What crime is defined as an agreement between 2 or more people to commit a crime? Conspiracy Added to original charge many times Different from Accomplice

What crime is defined as willfully and illegally burning a building? Arson

All crimes are classified into 2 areas? Misdemeanor Felony

Compare the two Misdemeanor Felony Less than 1 year in local jails (County) Fines up to $1000 Lower level misdemeanors are called infractions (Speeding/parking tickets) Jail Not always given Not on permanent record 1 year or more in state or federal prisons $1000 fine or more Fines and jail can be combined (Forced restitution) Jail for life or death On permanent record

Crime against a person Assault (Threat) Battery (Physical) Kidnapping Rape Murder (First degree requires premeditation)

Crime against property Theft (Larceny) Robbery Embezzlement

Crime against government Based on administration of justice Treason Tax evasion Perjury (Lying under oath)

Crime against public peace and order Rioting Disorderly conduct Illegal speeding

Crime against realty “Realty” means Land, homes Burglary (Entering building) Arson Criminal Trespass (Entering property without consent)

Crime against consumers Fraudulent sale of securities (Stocks, bonds, etc) Violation of pure food and drug laws

CrimeS against decency Bigamy Prostitution Obscenity

What allows for a defendant to escape criminal liability? A defense Defense does not need to call a witness or do anything

Criminal defenses substantive procedural Based on the statute itself (the law) Tries to disprove, justify or excuse the alleged crime Tries to discredit facts or show the person had no intent Self-defense or insanity Based on problems with the ways evidence is obtained or the accused is arrested or questioned Court objections, taking the 5th Can lead to an appeal of the outcome of the trial or juries decision

What means freedom from prosecution even when one has committed the crime? Immunity Usually used to get a witness to testify Many times they wave their 5th amendment rights

What means any action that hinders the administration of justice? Contempt of court Person can be fined or jailed by judge Based on not following a judges orders Can be grounds for appeal

What means agreeing to accept a lessor criminal CHARGE IN EXCHANGE FOR THE MORE SERIOUS CHARGE BEING DROPPED? Plea bargain Used to speed up a trial and cost taxpayers less money No jury trial needed many times

What are all American's granted as a right when they are arrested? Due process Right to an attorney Right to a “speedy” trial Right to a jury (if needed) Right to an appeal (if needed)

Are there any questions? Test Friday May 13th