Chapter 4 Our Criminal Laws

What are Crimes? Crimes-punishable offenses against society Crimes contrast with civil offenses (against a victim vs. society) Crimes are defined by statutes –Laws enacted on state or federal level –Tell us what conduct is prohibited

Elements of a Crime Before conviction, 3 elements must be proven at trial Duty-to do or not do a certain thing –Prosecutor sites a statute to a judge Violation of the Duty –Criminal act-specific conduct violates a statute Criminal Intent –Defendant intended to commit the act OR –Defendant intended to do evil

Embezzlement Taking another person’s property/money by a person to whom it has been entrusted Creates 2 issues for corporations: 1.If an employee has criminal intent, the organization may be judged to have criminal intent 2.Vicarious criminal liability -liability may be imposed on 1 person for the acts of another

Criminal Conduct may be classified in various ways--AGAINST 1. Person— assault, battery, kidnapping, rape, murder 2. Property— theft, robbery, embezzlement 3. Government— tax evasion, treason, perjury 4. Public peace and order- rioting, disorderly conduct, illegal speeding 5. Realty— burglary, arson, criminal trespass 6. Consumers— fraudulent sale of securities, violation of food & drug laws 7. Decency— bigamy, obscenity, prostitution

Classifications of Crimes Felony —most serious offenses –Crime punishable by confinement for more than a year in a state prison OR –By a fine of more than $1,000 OR –BOTH Examples of Felonies Murder, kidnapping, arson, robbery, burglary, embezzlement Perjury -lying under oath

Misdemeanors-less serious crimes –Punishable by confinement in a county or city jail for less than one year, fine, OR BOTH Examples: Disorderly conduct, speeding Infractions-lesser misdemeanors where you can only be fined Examples: Parking violations, littering, etc.

Business Related Crimes White Collar Crimes –Offenses committed in the business world –Examples: evading income taxes, defrauding consumers, cheating with false weighing machines, price fixing, etc. –Physical violence is not involved so courts tend to be more lenient with white-collar criminals –Punishments include fines or short-term prison sentences

Anti-Trust Laws Competing companies may not cooperate in fixing prices or in dividing sale regions Requires business firms to compete with one another Common Business related crimes: Larceny-(theft) wrongful taking of money or property belonging to someone else with the intent to deprive the owner of possession

Larceny Robbery-taking property against the victims will, by force or by causing fear Burglary-entering a building without permission when intending to commit a crime Receiving Stolen Property-receiving or buying property known to be stolen with the intent to deprive the rightful owner

False Pretenses-obtaining money or other property by lying about past or present facts Forgery-falsely making or altering a writing to defraud another Bribery-offering/giving something of value to influence performance (actions) of an official Computer Crimes-hacking, theft/defraud consumers, virus transmission, stealing credit card numbers, illegal fund transfers, double billings…. Extortion-(blackmail)obtaining money or other property from a person by wrongful use of force, fear, or power of office Conspiracy-agreement to commit a crime b/n two or more people Arson-willful & illegal burning of a building

Rights and Responsibilities One of the major objectives of the Constitution is to protect individuals from actions of our federal government The authors of the Constitution believed it was better for our society to give individuals too much liberty than to allow government too much power

Rights when arrested Due process requires fair procedures during an investigation and in court To convict a person of a crime, the evidence must establish guilt with proof beyond a reasonable doubt Defendants have a constitutional right to a trial by jury

Defenses to Criminal Charges Procedural Defense -based on problems with the way evidence is obtained, accused is arrested, tried or punished –Ignorance of the law is not a defense. The legal system assumes that everyone knows the law Substantive Defense -disprove, justify, or excuse the alleged crime

Types of Substantive Defenses Self-defense-use of force that appears to be reasonably necessary to prevent death, serious bodily harm, rape, or kidnapping Criminal Insanity-accused doesn’t know the difference between right and wrong Immunity-freedom from prosecution even when one has committed the crime –Contempt of Court -witness who refuses to testify after the grant of immunity

Punishments for Crimes Punishment-penalty provided by law and imposed by courts –Fine, imprisonment, death Plea Bargaining-the accused may agree to plead guilty to a less serious crime in exchange for having a more serious charge dropped