Criminal Law Chapter 2

Crime An act against the public good, punishable by a fine, imprisonment, or both.

In order for it to be a CRIME, it must… Threaten peace, safety, and well-being of entire community Must be prohibited by the law of the place where it is committed

Parties in a criminal proceeding - the party that accuses the person of a crime (usually the government) Also known as the plaintiff in civil cases - the person who is accused of a crime (or the person being “tried” for a crime) Prosecutor Defendant

Classifications of crimes Felonies Misdemeanors Activity

Felonies Felony - a major crime punishable by imprisonment (for a term exceeding one year), or death.

Back to Classifications Examples of Felonies Murder Manslaughter Burglary Robbery Arson Back to Classifications

Back to Classifications Misdemeanors - less serious crime with a less severe penalty. Require a penalty such as a fine or imprisonment in a county or city jail Misdemeanor Back to Classifications

Examples of Misdemeanors Driving without a license Lying about your age in order to purchase alcoholic beverages Leaving the scene of an accident Traffic offenses and parking violations are “minor misdemeanors” or “petty offenses” Back to Classifications

Activity Using recent news stories, identify at least one felony and one misdemeanor Next

Elements of a Crime Criminal Act Required State of Mind

Criminal Act Each statute that defines a crime must specifically explain the conduct that is forbidden Question: When could failure to act be a crime? Voluntary conduct Cannot be based on a person’s status or condition (i.e. alcoholic) Back to Elements

Required State of Mind Specified in the statute that defines the crime Intent Accident What about Motive?

Motive Prosecution does not have to prove motive (though it helps) If a person has committed the forbidden act with the required state of mind, he or she is criminally liable

Particular Crimes Crimes Against People Sex Offenses Crimes Against Property Crimes Against Business Interests

Crimes Against People Murder – the unlawful killing of another human being with malice aforethought (intent) Manslaughter – the unlawful killing of another human being without malice aforethought Please note… the major difference between murder and manslaughter is that malice is found in murder, but not in manslaughter

Manslaughter Voluntary Manslaughter – when one person intends, at the time the act is committed, to kill another but does so suddenly and as the result of great personal distress (such as rage or passion). Involuntary Manslaughter – when one person, while committing an unlawful or reckless act, kills another (there is no intent to kill) See Example 2 on page 25

Crimes Against People con’t… Felony Murder Rule – states that any killing occurring during a felony is murder For example: if you are robbing a bank and the security guard attempts to shoot you, but misses and an innocent bystander is killed, you will be charged with MURDER.

Crimes Against People Con’t… Assault and Battery Battery – the unlawful touching of another person Must involve criminal intent or reckless behavior Use of a weapon Giving poison or drugs to an unsuspecting victim Spitting on someone Siccing a dog on someone Kissing someone who does not want to be kissed Assault – an attempt to commit a battery i.e. Pointing a gun at someone (this one is actually “aggravated assault” because you used a deadly weapon)

Crimes Against People Con’t… Kidnapping – the unlawful removal or restraint of a person against that person’s will Note: person does not actually have to be moved, kidnapping can occur in one’s own home Sex Offenses Rape, sexual assault, statutory rape etc.

Crimes Against Property Please note: Crimes against property may be a felony or a misdemeanor (depending on severity) Burglary – the breaking (opening) and entering of a dwelling house at night with the intent to commit a felony Larceny – the unlawful taking and carrying away of personal property of another with the intent to deprive the owner of it (note: in Georgia, this is now known as “Theft by Taking” Example: hooking up a cable TV system to your television set without paying for it

Crimes Against Property con’t… Embezzlement – the wrongful taking away of another’s property by a person who has been entrusted with that property Example: I ask you to clean my ring Robbery – the wrongful taking and carrying away of the personal property (it is actually on the person or close to the body of the person) of another accompanied by violence or threats Example: You tell me to give you my ring or you will kill me Arson – the willful and malicious burning of a house or other building

Crimes Against Business Interests Larceny by False Pretenses (Fraud) – the taking of someone’s money or property by intentionally deceiving that person See Example 6 on page 28 Example: Obtaining goods by writing a check that you know will “bounce” Forgery – the false making or changing of a writing with the intent to defraud Signing of another person’s name Creating and using false identity

Crimes Against Business Interests continued… Bribery and Extortion Bribery – to pay or give anything of value to public officials in order to influence their official activity (both parties are guilty) Extortion – the unjust taking of money or a thing of value by a public official i.e. A public official refuses to approve a construction job unless you pay him a certain amount of money Computer Crimes The Computer Fraud and Abuse Act Designed to punish hackers

Defenses to Crimes Insanity Entrapment Self-Defense Defense of Family Members

Insanity American Law recognizes that persons cannot be held responsible for their actions if they do not know what they are doing. Tests of insanity: M’Naghten Rule (oldest test for insanity) American Law Institute (ALI) Sentencing for Insanity Plea: committed to institution and must undergo psychiatric examinations Back to Defenses

Entrapment A law enforcement officer cannot induce a law-abiding citizen to commit a crime See Example 8 in the book Note: the person using the defense must show that the crime would not have been committed had it not been for the inducement of the officer Back to Defenses

Self-Defense When persons have good reason to believe that they are in danger of serious injury or death, they can use force to protect themselves. Must retreat, if possible, before using force (except in one’s own home) Must show that you did not start the altercation May not use more force than was necessary to stop unprovoked attack Back to Defenses

Defense of Family Members If a person uses force to rescue a family member who is being attacked, most states will not punish the rescuer. Must have good reason to believe that the victim was in danger of severe bodily injury or even death See Example 9 in book in reference to attacks in your own home

Double Jeopardy According to the 5th Amendment, no person may be tried twice for the same offense

Sentencing Convicted Criminals Sentence - appropriate punishment for a crime. May include: Fines (the payment of a specified amount of money as a penalty for committing a crime) Imprisonment Indeterminate Determinate Mandatory Death

Problems in society Chapter 3

Substance Abuse Substance Abuse is the use of drugs or alcohol to an excessive extent

Federal Controlled Substances Act Classifies drugs into categories and sets penalties for each group

Drug Use Drug Use – involves the use of substances that are illegal and harmful, including alcohol and tobacco which are legal for adults but not for teenagers or children Addiction – occurs when a person can no longer function normally without regularly consuming drugs or alcohol, with a tendency to increase use

Drugs Can lead to more serious problems It is illegal to possess certain drugs It is a more serious offense to sale certain drugs than merely possessing them It is also illegal to give drugs away You may also be prosecuted for associating with anyone who does drugs (See pg. 40, Example 2)

Alcohol Alcohol is the most commonly used drug in the United States Liability also falls on anyone who sells or gives alcoholic beverages to minors (including hosts of social events) When you use public roads, you agree to give law enforcement officials permission to test you for alcohol use (implied consent)

Domestic Violence Domestic Violence – physical or mental abuse of children, spouses, and elderly people by members of their families. May be in the form of physical or mental abuse A protective order may be issued Domestic Violence Laws outlaw physical violence directed at any family member Please note: the laws of many states require teachers, physicians, nurses, and others to report suspected cases of abuse

Vandalism Vandalism - the willful or malicious causing of damage to property. Vandals are often required to pay for damages and/or provide the work needed to restore the damaged property Parents of vandals may be liable as well Actions such as pranks, jokes, or dares are no defense Look-outs are equally guilty

Shoplifting Shoplifting - the act of stealing goods from a store. Concealment on one’s person of an article offered for sale is considered proof in most states Shoplifting losses and the cost of extra security increase retail prices Felony - Value of stolen goods is greater than $500 Misdemeanor – Value of stolen goods is less than $500 Shoplifting

Motor Vehicle Violations In most states, young drivers who break traffic laws are punished as adults Penalties include: payment of fines, having license suspended, or having license revoked Causes insurance rates to increase

Motor Vehicle Violations con’t… Drag racing Side-by-side racing Timing vehicles separately Joyriding Temporarily taking a motor vehicle without the permission of the owner All participants, not just the divers, can be held liable in both cases.

Delinquent and Unruly Children Delinquent child - a minor, under a certain age (usually 16, 17, or 18), who has committed an act that would be a crime if done by an adult. - a minor who has done something that would not be a crime if it were done by and adult. Truancy Use of tobacco Running away Violating curfew Unruly child

The juvenile court system’s goal is rehabilitation… not punishment.

Juvenile or Adult??? In many states, children over a certain age (usually 14) may be tried as an adult in criminal court. The following factors will be considered: Seriousness of the offense Minor’s family, school, and social history Minor’s court and delinquency record Protection of public Nature of past treatment efforts Likelihood of successful rehabilitation

Final notes about juvenile offenders… Persons who go before juvenile courts must be given same constitutional rights as people who go before other types of courts…in other words, full protection of the Constitution must be extended to everyone, regardless of age. Adults are “arrested”… juveniles are “taken into custody”

Be sure to see next slide for quiz instructions Self-Assessment Congratulations! You have now finished the Chapter 2 Notes for Business Law. Now its time to check your understanding. Go to the website below and complete the interactive quiz. http://glencoe.com/qe/qe51.php?qi=1315 Be sure to see next slide for quiz instructions

Instructions for Interactive Quizzes Either go into Slide Show View and click on the hyperlink to the website, or copy the web address into your Web Browser Click on the appropriate response for each question Click view results You may take the quiz as many times as you wish When you are satisfied with your quiz score, complete the necessary fields at the bottom of your screen. Please note…my e-mail address is: Rebecca_Streetman@gwinnett.k12.ga.us