LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. CHAPTER 4 Criminal Law and Procedure Criminal Law Criminal Procedure

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 4 SLIDE 2 4-1Criminal Law GOALS Understand the three elements that make up a criminal act Classify crimes according to the severity of their potential sentences Identify the types of crimes that affect business

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 4 SLIDE 3 CRIMES AND CRIMINAL BEHAVIOR  Elements of criminal acts  Duty to do (or not to do) a certain thing - to establish duty in a trial the prosecutor will cite the statute to a judge  Violation of the duty the breach of this duty is the criminal act.  Criminal intent must be proven 1. defendant intended to commit the act 2. intended to do evil

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 4 SLIDE 4 CRIMINAL INTENT  Issues for Corporations  Can a corporation form criminal intent?  If the corporations employees have criminal intent, the  employer can be judged to have criminal intent  if the employees were doing their assigned duties and the criminal act benefits the organization, most courts will find criminal intent  Can officers be held criminally responsible if an employee commits a crime?  many times the answer is yes, under the doctrine of vicarious liability (substituted liability) ie: president of company knows generally about dangerous working conditions, but does nothing and a worker is killed, president may be charged with homicide

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 4 SLIDE 5 CRIMINAL INTENT  Issues of age  under seven considered below the age of reason  seven to fourteen must prove they had knowledge  fourteen to seventeen kind of a gray area- will depend on crime  eighteen and up are adults

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 4 SLIDE 6 CRIMINAL INTENT  Issues Intent  sufficient mental capacity to know the difference between right and wrong  insane persons are not held responsible  normally neither voluntary intoxication nor use of drugs will be considered to affecting ones criminal intent

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 4 SLIDE 7 CRIMINAL INTENT When is intent not required  less serious crimes  jail time is unlikely ie: traffic offenses, extreme carelessness

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 4 SLIDE 8 CHECKPOINT  What three elements must be proven at trial before someone can be convicted of a crime? 1.duty to do or not do 2.violation of duty 3.intent     

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 4 SLIDE 9 CLASSIFICATIONS OF CRIMES Felonies  Serious crime punishable by confinement for more than one year in a state prison or fine over $1,000 or both, or death Misdemeanors  Less serious crime punishable 1) by confinement in a county or city jail for less than one year, 2) by fine, or 3) by both confinement and fine ~ can be classified as an infraction White-collar crimes  Criminals are generally well-educated, respected members of the community

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 4 SLIDE 10 CLASSIFICATION OF CRIMES BY PARTY, INTEREST, OR PROPERTY INJURED 1.Crimes against a person (assault and battery, kidnapping, rape, murder) 2.Crimes against property (theft, robbery, embezzlement, receiving stolen property) 3.Crimes against the government and the administration of justice (treason, tax evasion, bribery, counterfeiting, perjury) 4.Crimes against public peace and order (rioting, carrying concealed weapons, drunk and disorderly conduct, illegal speeding) 5.Crimes against realty (burglary, arson, criminal trespass) 6.Crimes against consumers (fraudulent sale of worthless securities, violations of pure food and drug laws) 7.Crimes against decency (bigamy, obscenity, prostitution, contributing to the delinquency of a minor)

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 4 SLIDE 11 CRIMES AGAINST A PERSON  Homicide  1 st degree Murder  Felony Murder  2 nd degree Murder  Voluntary Manslaughter  Involuntary Manslaughter  Negligent Homicide  Assault & Battery  Stalking  Sexual Assault  Rape  Statutory Rape  Acquaintance Rape  Hate Crimes

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 4 SLIDE 12 DEFINITIONS CRIMES AGAINST A PERSON  Homicide – most serious  Criminal is committed with plan or malice, done with intent to kill or seriously harm, acting reckless without regard to others  Criminal homicide if: persons actions are without regard for another’s life and result in the killing of another  Homicide can be non-criminal: excusable or justifiable and is not subject to criminal charges  1 st degree Murder  premeditated, deliberate, with malice  depraved indifference to human life

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 4 SLIDE 13 DEFINITIONS CRIMES AGAINST A PERSON  Felony Murder killing takes place during the commission of certain felonies Arson, rape, robbery, burglary no need to prove intent, malice assumed because homicide occurred during a felony act  2 nd degree Murder without premeditation or deliberation intent existed at moment of murder/killing intentional but spontaneous  Voluntary Manslaughter victim has done something to cause a reasonable person to lose self- control or act rashly violent argument occur just after the provocation punished less severely

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 4 SLIDE 14 DEFINITIONS CRIMES AGAINST A PERSON  Involuntary Manslaughter  no intent  result of reckless conduct causing extreme danger of death or bodily injury - ie: playing with loaded gun  Negligent Homicide  failure to exercise reasonable or ordinary care  vehicle deaths are most common  Suicide  considered a plea for help  psych exam and treatment  helping can be murder or manslaughter

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 4 SLIDE 15 DEFINITIONS CRIMES AGAINST A PERSON  Assault & Battery  assault – attempt or threat to physically attack  battery – unlawful physical contact  no injury necessary  must intend bodily harm  states have statutes for different classifications  assault with intent to rob, murder  battery defined by harm inflicted  Stalking  repeatedly following or harassing  make threats/cause fear

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 4 SLIDE 16 DEFINITIONS CRIMES AGAINST A PERSON  Sexual Assault  includes rape and attempted rape  verbal threats of a sexual nature  unwanted sexual contact/grabbing, fondling  Rape  sexual intercourse without consent  no consent if person is unconscious, mentally incompetent, impaired by drugs or alcohol  Statutory Rape  sexual intercourse between an adult and minor  lack of consent is not an element since a minor is incapable of giving legal consent  trend is to protect victims  “rape shield” past history not allowed

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 4 SLIDE 17 DEFINITIONS CRIMES AGAINST A PERSON  Acquaintance Rape – parties know each other  Hate Crimes  1969 statute covered  Race  Color  Religion  National origin  Amended 2009 to include  Disability  Sexual Orientation  Gender  Gender Identity

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 4 SLIDE 18 BUSINESS-RELATED CRIMES Larceny Receiving stolen property False pretenses Forgery Bribery Computer crime Extortion Conspiracy Arson

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 4 SLIDE 19 DEFINITIONS OF BUSINESS RELATED CRIMES  Larceny – wrongful taking of money or personal property belonging to someone else.  Robbery – taking of property from another’s person or immediate presence, against the victim’s will, by force or causing fear  Burglary is another variation, entering a building without permission  Receiving Stolen Property – knowingly receiving or buying  False Pretenses – obtain money or property by lying  Forgery – falsely making or materially altering a writing to defraud another  Bribery – unlawfully offering or giving to a governmental official anything of value to influence performance

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 4 SLIDE 20 DEFINITIONS OF BUSINESS RELATED CRIMES  Extortion - blackmail  Conspiracy – agreement between two or more persons to commit a crime  Arson – willful and illegal burning of a building  Selling and Buying Narcotics  Computer Crime

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 4 SLIDE 21 PRELIMINARY CRIMES Solicitation ~ to ask, command, urge, or advise another to commit a crime Attempt ~ perform all the elements of a crime but fail to achieve the criminal result Conspiracy ~ agreement between two or more persons to commit a crime

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 4 SLIDE 22 PARTIES TO A CRIME Principal ~ person who commits the crime Accomplice ~ someone who helps the principal commit a crime Accessory before the fact ~ person who orders a crime or helps the principal commit the crime but who is not the present during the crime ~ can usually be charged with the same crime as the principal Accessory after the fact ~ someone knowing a crime has been committed, helps the principal or an accomplice avoid capture or helps them escape

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 4 SLIDE 23 CHECKPOINT Name the three categories of crimes classified by the severity of their potential sentences. 1.Felonies 2.Misdemeanors 3.White Collar     