5-1 Criminal Law 5-2 Criminal Procedure Chapter 5 CHAPTER 5 Our Criminal Laws Lessons 5-1 Criminal Law 5-2 Criminal Procedure

Criminal Law GOALS LESSON 5-1 CHAPTER 5 4/16/2017 Chapter 5 LESSON 5-1 Criminal Law GOALS Define the elements present in all crimes Describe crimes that commonly occur in the business environment

WHAT ARE CRIMES? CRIME - punishable offense against society Chapter 5 WHAT ARE CRIMES? CRIME - punishable offense against society Elements of a crime Criminal conduct

ELEMENTS OF A CRIME Duty - to do or not to do a certain thing Chapter 5 ELEMENTS OF A CRIME Duty - to do or not to do a certain thing Violation of the duty – (criminal act) Criminal intent – (required in most cases) Intended to commit the act Intended to do evil

What's your verdict? (pg. 78) Chapter 5 What's your verdict? (pg. 78) Davis (chief accountant) Juggled books and took $35,000 belonging to credit union Auditors discovered – Davis paid back with interest Has she committed a crime despite the repayment?

What's your verdict? (pg. 78) Chapter 5 What's your verdict? (pg. 78) Owed duty (defined by statute) Act – took money The criminal conduct of taking another’s property or money by a person to whom it has been entrusted EMBEZZLEMENT Intent – intended to do evil

CRIMINAL CONDUCT Criminal conduct may be classified as follows: Chapter 5 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

Criminal Intent w/Corporations Chapter 5 Criminal Intent w/Corporations Can a corporation form criminal intent? Yes If corporation’s employees have criminal intent – employer may be judged to have criminal intent If employees are carrying out assigned duties and the criminal act benefits the organization

Criminal Intent w/Corporations Chapter 5 Criminal Intent w/Corporations When a corporate employee commits a crime, can officers be held responsible? Yes - doctrine of VICARIOUS CRIMINAL LIABILITY Vicarious - substituted

Criminal Intent w/Corporations Chapter 5 Criminal Intent w/Corporations President of company is aware of dangerous working conditions and does nothing. Supervisor fails to take safety precautions and worker is killed. President  possible homicide charges.

Intent / Age 14 years + presumed to know right/wrong Chapter 5 Intent / Age 14 years + presumed to know right/wrong 7-14 has to be proven 6-19 age of criminal liability Insane - incapable of intent Not relieved for involuntary intoxication/drug use

EXAMPLES OF CRIMES AGAINST A PERSON Chapter 5 EXAMPLES OF CRIMES AGAINST A PERSON Assault and battery Kidnapping Murder Rape

EXAMPLES OF CRIMES AGAINST PROPERTY Chapter 5 EXAMPLES OF CRIMES AGAINST PROPERTY Embezzlement Theft Robbery

Chapter 5 EXAMPLES OF CRIMES AGAINST THE GOVERNMENT AND ADMINISTRATION OF JUSTICE Perjury Tax evasion Treason

EXAMPLES OF CRIMES AGAINST PUBLIC PEACE AND ORDER Chapter 5 EXAMPLES OF CRIMES AGAINST PUBLIC PEACE AND ORDER Disorderly conduct Illegal speeding Rioting

EXAMPLES OF CRIMES AGAINST REALTY Chapter 5 EXAMPLES OF CRIMES AGAINST REALTY Arson Burglary Criminal trespass

EXAMPLES OF CRIMES AGAINST CONSUMERS Chapter 5 EXAMPLES OF CRIMES AGAINST CONSUMERS Fraudulent sale of securities Violation of pure food and drug laws

EXAMPLES OF CRIMES AGAINST DECENCY Chapter 5 EXAMPLES OF CRIMES AGAINST DECENCY Bigamy Obscenity Prostitution

CLASSIFICATION OF CRIMES Chapter 5 CLASSIFICATION OF CRIMES Felony Misdemeanor

Chapter 5 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 Chapter 5 EXAMPLES OF FELONIES Arson Burglary Embezzlement Forgery Kidnapping Murder Perjury Rape Robbery Theft of large sums

Chapter 5 PERJURY the act of lying under an oath

WHAT'S YOUR VERDICT? Murdock was a witness Chapter 5 WHAT'S YOUR VERDICT? Murdock was a witness at a civil trial for damages. Before testifying, he took an oath "to tell the whole truth, and nothing but the truth." Nevertheless, while being questioned by one of the attornies, Murdock deliberately lied, hoping to help the defendant.

Chapter 5 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. Chapter 5 INFRACTION Some states classify lesser misdemeanors as infractions. A person convicted of an infraction can only be fined. Because there is no risk of being jailed, the defendant is not entitled to a jury trial. Examples include littering and parking violations.

BUSINESS-RELATED CRIMES Chapter 5 BUSINESS-RELATED CRIMES Larceny Receiving stolen property False pretenses Forgery Bribery Computer crime Extortion Conspiracy Arson

Chapter 5 White-collar crimes Offenses committed in the business world are referred to as white-collar crimes Don’t involve force or violence Do not cause injury to people Do not cause physical damage to property

Chapter 5 Antitrust Laws State that competing companies may not cooperate in fixing prices or in dividing sales regions Require that business business firms compete with one another

Chapter 5 Larceny (robbery) The taking of property from another’s person or immediate presence, against the victim’s will, by force or by causing fear

Chapter 5 Larceny (burglary) Entering a building without permission when intending to commit a crime

Chapter 5 False pretenses When one who obtains money or other property by lying about a past or existing fact Differs from larceny because the victim parts with the property voluntarily A type of fraud

Forgery Falsely making or materially altering to defraud another Chapter 5 Forgery Falsely making or materially altering to defraud another Most commonly found on checks when one signs another’s name without permission to do so

Chapter 5 Bribery Unlawfully offering or giving anything of value to influence performance of an official Soliciting or accepting the bribe is also criminal

Chapter 5 Computer crime Larceny when stealing computer data is harder to prosecute Courts conclude that there is not a “taking” of personal property if the data is copied and deleted

Extortion Commonly known as blackmail Chapter 5 Extortion Commonly known as blackmail Obtaining money or other property from a person by wrongful use of force, fear, or the power of office The extortionist may threaten to inflict bodily damage Exposing an embarrassing fact

Conspiracy An agreement between two or more persons to commit a crime Chapter 5 Conspiracy An agreement between two or more persons to commit a crime Usually agreement is secret The conspiracy is a crime separate from the crime parties planned to commit Crime could be a felony or a misdemeanor

Arson The willful and illegal burning of a building Chapter 5 Arson The willful and illegal burning of a building Occurs when someone intentionally starts a fire and burns a structure without the owner’s consent

Criminal Procedure GOALS LESSON 5-2 Chapter 5 LESSON 5-2 Criminal Procedure GOALS Know the rights a person has when arrested Recognize a person’s potential criminal liability for the actions of others Understand the justifiability of the common defenses to criminal charges

Constitutional Rights Chapter 5 Constitutional Rights Authors of our Constitution believed it was better for society to give individuals too much liberty than to allow the government too much power. Probable Cause - a reasonable ground for belief

Chapter 5 Agree / Not Agree During a routine traffic stop of a small truck for speeding, an officer became suspicious of the cargo the truck contained due to a smell coming from inside. When his request to search the truck was refused, the officer radioed for the assistance of a drug dog. Unfortunately, the dog was unavailable.

Chapter 5 Agree / Not Agree Finally, he ordered the driver to open the cargo area. When the driver did so, the officer found more than a ton of marijuana. At trial, the defense attorney maintained that it was an illegal search and seizure and that the marijuana should not be allowed to be used as evidence.

Chapter 5 Agree / Not Agree Search was deemed unreasonable as it lacked probable cause  marijuana could not be used as evidence

Rights Convict a person of a crime – evidence must establish guilt Chapter 5 Rights Convict a person of a crime – evidence must establish guilt “beyond a reasonable doubt” Right to a trial by jury -- prosecutor or defendant can request Guilty Verdict -- only if all jurors vote to convict

RIGHTS AND RESPONSIBILITIES Chapter 5 RIGHTS AND RESPONSIBILITIES Rights when arrested Due process (probable cause) Representation by a lawyer (private /court-appointed) Responsibility for the criminal conduct of others Accomplice – knowingly aids in the commission of crime (also guilty of criminal wrongdoing)

DEFENSES TO CRIMINAL CHARGES Chapter 5 DEFENSES TO CRIMINAL CHARGES DEFENSE – a legal position taken by an accused to defeat the charges against him/her Procedural defenses – based on problems with the way evidence is obtained or the way an accused person is arrested, questioned, tried or punished confessing to a crime because of police threats

DEFENSES TO CRIMINAL CHARGES Chapter 5 DEFENSES TO CRIMINAL CHARGES Substantive defenses – disprove, justify, or excuse the alleged crime Alibi Self defense – only non-deadly force if reasonable sufficient Criminal insanity – know right from wrong Immunity – freedom from prosecution even when one has committed the crime

Contempt of Court – action that hinders the administration of justice Chapter 5 Contempt of Court – action that hinders the administration of justice  crime punishable by imprisonment

PUNISHMENTS FOR CRIMES Chapter 5 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.

Chapter 5 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.

Chapter 5 The Ripple Effect