Criminal Law and Procedure Chapter 4 Criminal Law and Procedure

Crimes and Criminal Behavior Hot Debate What’s Your Verdict A question of ethics Crime – punishable offense against society

Elements of Criminal Acts A duty exists Duty was violated Intent

Elements of Criminal Acts Duty Everyone has a duty to conform to the law’s requirements Prosecutor cites a statute outlining those requirements

Elements of Criminal Acts Violation of Duty Breach of duty = criminal act Example: Battery – the intentional causing of bodily harm to another person Assault – the threat of causing harm to another person

Elements of Criminal Acts Criminal Intent Person intended to commit act or omission Motive – reason for committing a crime Motive not the same as intent

Elements of Criminal Acts Criminal Intent (cont.) Under 7 cannot form intent Laws vary state to state after that Know the difference between right and wrong Ages 7-14: Maybe, Over 14: Yes Insane: No

Elements of Criminal Acts Criminal Intent (cont.) Can a person be held responsible for a crime committed by a company? Vicarious criminal liability – legal doctrine where company officers are charged with crimes.

Elements of Criminal Acts Criminal Intent (cont.) Some minor crimes don’t require intent Traffic tickets Intent may not mean intended consequences

Classification of Crimes Felony – Serious crimes State prison more than a year Fine of more than $1000 Both??? Examples: Page 67 Chart Murder, kidnap, arson, rape, robbery, burglary, embezzlement, grand larceny

Classification of Crimes Misdemeanor – Less serious crimes City or county jail less than 1 year Fine less than $1000 Both??? Examples: Infractions / Petty crime Parking violations, littering Fine only

Business Related Crimes What’s your Verdict – pg 68 Antitrust laws, collusion White collar crimes – Business related Examples: pg 68

Business Related Crimes Larceny (theft) Wrongful taking of money or personal property belonging to someone else Robbery Larceny involving the use of force Burglary Breaking an entering with the intent to commit a crime

Business Related Crimes Receiving Stolen Property Knowingly receiving or buying What recourse does rightful owner have? False Pretenses Type of fraud, victim parts voluntarily Forgery Altering writing in an attempt to defraud Common with checks / signatures

Business Related Crimes Bribery Unlawfully offering or giving anything of value to influence performance of an official Soliciting Computer Crime Extortion (blackmail) Obtaining money or property through use of force or fear / intimidation

Business Related Crimes Conspiracy Agreement between two or more people to commit a crime Arson Willful and illegal burning or exploding of a building

Rights and Responsibilities What’s your verdict? Pg 71 Rights of the Accused Fair Procedures - investigation and in court Probable Cause – reasonable ground for belief Beyond a reasonable doubt Plaintiff’s responsibility

Rights and Responsibilities Responsibility of Another’s Criminal Conduct Knowingly aids Ex: lookout during a burglary Ms. Roberts Helps Plan

Defenses to Criminal Charges Defense – legal position taken by the accused to defeat charges against him or her. Procedural Defenses – based on problem with the way investigation / arrest is handled. What’s your verdict? Pg 72

Procedural Defenses Forced Confession Evidence gathered illegally Ignorance of the law???

Defenses to Criminal Charges Substantive Defenses – disprove, justify, or excuse alleged crime. You committed the act, but you have an excuse Self-Defense Criminal Insanity Immunity

Defenses Entrapment Mistake Consent Duress Infancy Statute of Limitations (Procedural)

Substantive Defenses Do you have to testify against yourself? Against a friend? Spouse? Contempt of Court – action that hinders the administration of justice

Punishments for Crimes What is the purpose of punishment? Remedy or discipline Exceptions to intent requirement Plea Bargaining Voluntarily give up the right to trial. Why?

End of Unit Jeopardy? Unit Test Chapters 1-3

Review 4-1 Legally, a crime is considered an offense against ____________ Ben is convicted and sentenced to 2 -5 years. He has convicted a _________ When an officer of a corporation will be held criminally liable under the doctrine of _________ Falsely making or materially altering a writing is known as the crime of false pretneses. T or F

Review 4-2 Pg 75