Criminal Law LESSON 5-1 Define the elements present in all crimes CHAPTER 5 4/15/2017 LESSON 5-1 Criminal Law Define the elements present in all crimes Describe crimes that commonly occur in the business environment

WHAT ARE CRIMES? Elements of a crime Criminal conduct

ELEMENTS OF A CRIME Duty Violation of the duty Criminal intent

CRIMINAL CONDUCT Criminal conduct may be classified as follows: Crimes against a person Crimes against property Crimes against the government and administration of justice Crimes against public peace and order Crimes against realty Crimes against consumers Crimes against decency

EXAMPLES OF CRIMES AGAINST A PERSON Assault and battery Kidnapping Murder Rape

EXAMPLES OF CRIMES AGAINST PROPERTY Embezzlement (White collar) Theft (Larceny) Robbery (Larceny) Larceny-wrongful taking of money or personal property belonging to someone else, with the intent to deprive the owner of the possession. May or may not be a Felony.

EXAMPLES OF CRIMES AGAINST THE GOVERNMENT AND ADMINISTRATION OF JUSTICE Perjury Tax evasion (White collar) Treason

EXAMPLES OF CRIMES AGAINST PUBLIC PEACE AND ORDER Disorderly conduct Illegal speeding Rioting

EXAMPLES OF CRIMES AGAINST REALTY Arson Burglary (Larceny) illegal entry Criminal trespass

EXAMPLES OF CRIMES AGAINST CONSUMERS Fraudulent sale of securities (White collar) Violation of pure food and drug laws

EXAMPLES OF CRIMES AGAINST DECENCY Bigamy Obscenity Prostitution

CLASSIFICATION OF CRIMES Felony Misdemeanor Infractions

FELONY A felony is 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.

EXAMPLES OF FELONIES Arson Burglary Embezzlement Forgery Kidnapping Murder Perjury Rape Robbery Theft of large sums

MISDEMEANOR A misdemeanor is a less serious crime. It is usually punishable by confinement in a county or city jail for less than one year, by fine, or both. Examples of misdemeanors include disorderly conduct and speeding

INFRACTION Some states classify lesser misdemeanors as infractions. A person convicted of an infraction can only be fined. Because there is not risk of being jailed, the defendant is not entitled to a jury trial. Examples include littering and parking violations.

BUSINESS-RELATED CRIMES Larceny Receiving stolen property False pretenses Forgery Bribery Computer crime Extortion Conspiracy Arson

RIGHTS AND RESPONSIBILITIES Rights when arrested Due process Representation by a lawyer Responsibility for the criminal conduct of others

DEFENSES TO CRIMINAL CHARGES Procedural defenses Substantive defenses

PUNISHMENTS FOR CRIMES A penalty provided by law and imposed by a court is called a punishment. The purpose is not to remedy the wrong but rather to discipline the wrongdoer.

PLEA BARGAINING Plea bargaining is when an accused person agrees to plead guilty to a less serious crime in exchange for having a more serious charge dropped. When plea bargaining the accused gives up the right to a public trial to avoid the risk of greater penalty if convicted.