Criminal Law & Criminal Procedure Chapter 5 Our Criminal Laws Criminal Law & Criminal Procedure Chapter 5

Section 5-1 Goals EXPLAIN THE ELEMENTS OF A CRIME DESCRIBE THOSE CRIMES WHICH COMMONLY OCCUR IN THE BUSINESS ENVIRONMENT IMPORTANT! IGNORANCE OF THE LAW IS NO EXCUSE TO BE RELIEVED OF A CRIME!

Criminal law Hot debate – pg 66 Emily vs. Northside Chemical Company Discuss questions Emily vs. Northside Chemical Company

What is a crime? Crime Civil offense A punishable offense against society Attempts to identify, arrest, prosecute or punish the criminal to protect society Defined by statute Civil offense Offenses against a victim, not society Victims can sue for civil damages Most crimes-the criminal has very little money to sue for…

3 Elements of a Crime A duty to do or not do a certain thing Usually described by state statutes An act or omission in violation of that duty Criminal Act- specific conduct that violates a duty Criminal Intent Intent to commit the act Intent to do evil MUST BE PROVED

1. Duty Usually state statutes prohibit certain conduct Occasionally federal statutes or city ordinances identify criminal behavior Stealing from employer Breaking into neighbors house

2. Violation of the Duty Criminal Act Breach of duty Specific conduct that violates statute Breaches proven in trial Example: Sue stole money from employer; Joe saw her and testified in court

3. Criminal Intent Intent must be proven (most cases) Defendant Intended to commit the act Intended to do evil Example: Sue intentionally stole money from employer

Going back to Emily vs. Northside….. Did Emily commit a crime? DID EMILY HAVE A DUTY? DID SHE VIOLATE THAT DUTY? DID SHE INTEND TO STEAL?

What’s your verdict? – Page 67 Statute defined Duty? Defined by statue? Was there a violation of that duty? Embezzlement Criminal act of taking someone’s property or money by an entrusted person

Criminal Intent & Corporations Employee criminal intent=Organization’s criminal intent President of company is aware of dangerous working condition Worker is killed because of working condition President can be found guilty of crime Vicarious Criminal Liability Substitute – employee is used as a substitute

Other factors involving criminal intent To have criminal intent, one must have sufficient mental capacity Insanity – not mentally capable Age Under 7 considered below age of reason Over 14 can be considered an adult Over 14 knows the difference between right and wrong 7-14 intent & understanding must be proven Drugs/alcohol- does not relieve criminal intent; done voluntarily

Criminal intent – cont. PLEASE ADD TO YOUR NOTES Some crimes do not require the element of criminal intent Example: A driver speeding hit and killed someone The intent was not there; however, could be convicted of vehicular homicide Less serious crimes where jail is unlikely; intent is not required Traffic offenses…….

Match the Classifications of Criminal Conduct Crimes against… A person Property The government Public peace and order Realty Consumers Decency Examples Prostitution Embezzlement Rioting Perjury Battery Security fraud Arson

The Answers Crimes against… Examples A person Property The government Public peace and order Realty Consumers Decency Examples e) Battery b) Embezzlement d) Perjury c) Rioting g) Arson f) Security fraud a) Prostitution

Analyze Real Cases – page 76 #26 – cigar owner Did Feinberg have a duty to tell his customers of the change in percent? Did he violate the duty? Did he intend to kill anyone? Feinberg acted with such gross negligence that it is equivalent of criminal intent #28 – shopper Did the shopper have a duty to “not steal” Did he intend to steal? Yes to all - guilty

Two Classifications of Crimes Felony A crime punishable by confinement of more than a year in state prison Fine over $1,000 Both Death Misdemeanor Less serious crime, punishable by county/city jail less than 1 year Infraction Lesser misdemeanor No jury trial Perjury – PLEASE ADD TO YOUR NOTES People who lie under oath

Business Related Crimes (What’s my verdict? Page 69) White Collar Crimes Offences committed in the business world No force or violence, personal injury, or physical damage Tax evasion Defrauding customers Price fixing Insurance fraud Because physical violence is not involved, courts tend to be more lenient Larceny (theft) Wrongful taking of money or property with intent to deprive ownership May be a felony or misdemeanor – depends on value

Business Related Crimes cont. Robbery (form of larceny) Taking of property against the victims will By force, causing fear Always a felony Burglary (larceny) Entering a building w/o permission with intent of committing a crime Receiving Stolen Property Knowingly receiving or buying…

Business Related Crimes cont. False Pretenses Lying about facts to obtain money or property Forgery Making or changing a document to defraud another Bribery Offering or giving something of value to influence an official

Business Related Crimes cont. Extortion (blackmail) Obtaining money/property by fear, force, or power of office Conspiracy Agreement between 2 or more people to commit a crime Arson Willful & illegal burning of a building

Review Chapter 5.1 Page 70 – Think About Legal Concepts #1 - #5 Page 70 – Think Critically About Evidence #6 - 8

Section 5-2 Goals Understand rights when arrested Recognize criminal liability Understand common defenses of criminal charges

Constitution Believes too much liberty is better than giving the government too much power

Constitutional Rights & Responsibilities What’s Your verdict? Page 71 Rights when arrested Due Process=fair procedures in investigation and court Example: Right to be represented by a lawyer Defendants may not be compelled to testify against self Right to cross examine witnesses Jury Trial- is asked for by prosecutor or defendant. How is a jury picked

Criminal Conduct of Others Anyone aiding in a crime can also be found guilty for the same crime Ex. Burglary look-out Vicarious Liability (substitute)

Defenses to Criminal Charges “What’s My Verdict”? – pg. 72 Defense- Often allows defendant to escape liability Two types Procedural Defenses Substantive Defenses

Procedural vs. Substantive Procedural defenses Problems with the way evidence was obtained The way a person is arrested, questioned, tried or punished EX: confession was signed due to threat by police Ignorance of law does not count Substantive Defenses Disprove, justify, or excuse crime Discredit facts Self-Defense Criminal Insanity Immunity Freedom from prosecution – exchange for agreement to testify against other criminals

Other terms… Contempt of court Punishment Plea Bargain Witness who refuses to testify after immunity has been given Punishment Penalty provided by law and imposed by a court Deter others from breaking the same law “What’s Your Verdict”? – page 72 Plea Bargain Plea of guilty for a lesser crime so a more serious crime is dropped

Wrap Chapter 5 - Thursday With a partner… Your Legal Vocabulary P. 74, 1-12 Think about legal concepts P.73, 1-5 Think critically about evidence P. 75 18-21 Analyze Real Cases P. 76

Mock Trial Review short PowerPoint with Intellectual Property terms

In The Lab Famous Crimes Tri-fold brochure Mini lesson on Microsoft Publisher