Chapter 5 Test Review Test Friday

3 Elements of Crime Duty: Defined based on the statute (The law) and tells you what you can or cannot do Breach: Did not follow the statute or law (Broke law) Intent: Proof you meant to commit the act

Criminal Jury Made up of 12 jurors “ALL” must agree to convict “EVERY” time Judges interpret law Juries decide issues of “Fact” Witnesses (Lay witnesses) are people with knowledge of facts Expert witnesses are people who give opinions

Contempt of Court Means you are impeding justice in some way Witnesses, lawyers or spectators can be held in contempt (BY JUDGE) Penalty could be a fine or jail Examples of Contempt of court: Refusing to testify, NOT listening to a judges orders, or acting up in the court

CODES Laws organized into some group Criminal Codes, business codes, civil codes or administrative codes, such as social security laws or DMV laws

STARE DECISIS Latin term meaning to adhere to decided cases Important because it’s a common law rule that allows older case decisions to be used as a guide for future cases It allows the law to be built over time

EQUITY Legal term meaning fairness Making sure all people are given a fair trial and if a criminal matter, making sure they have a lawyer Fairness also applies to a judge

CASE LAW Built by the judicial branch of government Judicial meaning courts Judges rule and these cases are considered “precedent” (Guides) for future cases to be decided

WHY ARE CRIMES AGAINST SOCIETY? All of society pays for a persons criminal acts We pay tax dollars for police, judges, public attorneys (District Attorney or Public Defender) Cost involved to upkeep jails or prisons Criminal acts effect the way people view any part of society as well

SUBSTANTIVE VS. PROCEDURAL Substantive Law Procedural Law Substantive law is based on the definition (Statute) of the law broken Part of both criminal cases and tort cases Forcing the plaintiff or prosecution to meet their burden Self defense, immunity Procedural law is based on a persons legal rights Miranda rights in a criminal case Serving a defendant court papers in a civil case Allowing a defendant NOT to testify against their rights in court

ELEMENTS OF A CRIME AND POINTS Based on Law Rights CRIME Duty (The statute) Breach (Broke the law or statute) Intent (Meant to commit the act and do evil) RIGHTS Not to testify Illegal search and seizures Lawyer Proof by government (Prosecution)

Criminal Intent Person meant to do Evil Person meant to commit Act In early Common Law, the age to form intent was “7”

Crimes with no INTENT to convict Speeding (Infraction) Parking ticket (Infraction) Manslaughter (Felony offense meaning murder without intent)

CRIMINAL DEFENSE Act in which a criminal defendant tries to escape criminal liability Innocent until proven guilty Because it’s a criminal offense, you are “GUARANTEED” a lawyer (No guarantee with civil/tort offense)

DIFFERENCE BETWEEN IMMUNITY Allowing a witness to escape criminal liability based on testifying against someone else Escaping liability means the criminal charges against them are dropped PLEA BARGAIN When a witness agrees to plead guilty to a lesser charge in exchange for the more serious charge to be dropped Used by a prosecutor to get a conviction and save taxpayers money

PURPOSE OF CRIMES Punishment! Not to rehabilitate, not to educate but to punish the wrongdoer

CRIMES- TYPES OF THEFT Larceny- commonly known as theft. Can be petit or grand, depending on the amount stolen Burglary- breaking into a building with the intent to commit a crime Robbery- taking property off a person

CRIMES- EMBEZZLEMENT Taking something that has been entrusted to you “Without” permission Ex) You work for a bank and you take money without permission ** Its still a crime if you pay it back later

CRIMES- VICARIOUS LIABILITY This means you are held liable for the acts of another person Usually based on a business or company Ex) An employee of yours destroys someone else's property while on the job, you as the owner can be held responsible for the acts of the employee

WHITE COLLAR CRIMES Based on a business Usually non-violent and does not cause physical injuries Many times based on fraud or embezzlement Company can be held responsible for employees actions (Vicarious liability)

Crimes- Extortion vs. Bribery Blackmail Influencing with $$ Extortion is commonly known as blackmail Ex) Telling an employee to work overtime for free or you will report them to the IRS for not paying taxes Illegal, because you must report by law Bribery- unlawfully offering something of value to influence a person Ex) Giving a teacher money to pass you Both sides can be found guilty of this crime

CRIMES- FALSE PRETENSES False Pretenses means lying about a past or existing fact Type of fraud Meaning to intentionally mislead another person

CRIMINAL PENALTIES Petty Offense- type of lower level misdemeanor. Also known as Infraction. Commonly a speeding or parking ticket which leads to a fine Misdemeanor- Less than 1 year in local prison and less than $1,000 fine or both Felony- More than 1 year in state or federal prison, more than $1,000 fine or death

ALL CRIMES ARE CLASSIFIED AS Misdemeanor Felony Misdemeanor A less serious crime Speeding is a misdemeanor that results in a fine Fines are criminal, NOT civil Felony More serious crimes like murder, rape or armed robbery Punishment much more severe On a persons records for life