Our Criminal Laws

A punishable offense against society Society (through police & prosecutors) attempts to identify, arrest, prosecute, and punish the criminal. Efforts are designed to protect society rather than the victim of the crime.

1. Duty State statutes prohibiting certain conduct. 2. Violation of the Duty Breach of the duty 3. Criminal Intent Defendant intended to commit the act Defendant intended to do evil

Taking another’s property or money by a person to whom it has been entrusted Example I am the bookkeeper for a company. I write in the check ledger that I wrote check #123 to pay a $50 electric bill. The electric bill was really $ I wrote MYSELF a check for $50.00 I paid the $25.00 electric bill and pocketed the extra $ If the owner does not audit the books, this could be done over and over and adds up to lots of money.

Can corporations/organizations form criminal intent? Yes—if their employees have criminal intent, their employer may be judged to have criminal intent. When corporate employees commit a crime, can officers be held criminally responsible? Yes—vicarious criminal liability

Early common law Under 7 –below the age of reason Over 14 –know the difference between right and wrong Between these ages knowledge have to be proven Today Age of criminal liability is 18 in most states Minors are young as 7 may be tried and punished as adults if they are accused of serious crimes such as murder

Sufficient mental capacity is needed Insane persons (not having mental capacity) Voluntary intoxication (yes still has the necessary mental capacity) Drug use (yes still has the necessary mental capacity)

Not for less serious crimes when jail is unlikely Traffic offenses Extreme carelessness --Sometimes conduct is so careless some courts treat it the same as criminal intent

Crimes against a person Assault and battery, kidnapping, rape, murder Crimes against property Theft, robbery, embezzlement Crimes against the government and administration of justice Treason, tax evasion, perjury (lying on witness stand)

Crimes against public peace and order Rioting, disorderly conduct, illegal speeding Crimes against realty Burglary, arson, criminal trespass Crimes against consumers Fraudulent sale of securities, violation of pure food and drug laws Crimes against decency Bigamy, obscenity, prostitution

Felony – most serious crimes Punishable by: confinement for more than a year in state prison and/or a fine of more than $1,000 or Death Crimes including: murderrapekidnapping arsonrobberyburglary forgeryperjuryembezzlement theft of large sums

Misdemeanor Punishable by confinement in a county or city jail for less than one year and/or by fine Crimes including: disorderly conduct speeding minor infractions

Businesses are subject to general criminal law Referred to as white-collar crimes Do not involve force or violence, do not cause injury to people, and do not cause physical damage to property Examples evading income taxesdefrauding consumers conspiring to fix pricesbribery false fire and auto insurance claims

Commonly known as theft The wrongful taking of money or personal property belonging to someone else, with the intent to deprive the owner of possession Robbery—taking of property from another’s person or immediate presence, against the victim’s will, by force or by causing fear Burglary—entering a building without permission when intending to commit a crime

Examples: Shoplifting, pick pocketing, purse snatching Can be a felony or a misdemeanor Determined by the value of the property stolen and other circumstances Robbery and burglary are always felonies

Knowingly receiving stolen property Having the intent to deprive the rightful owner of the property Fence one who receives stolen property

Obtaining money/property by lying about a past or existing fact Because of not being told the truth the victim parts with property voluntarily A type of fraud

Falsely making/altering a writing to defraud another Often involves checks Usually this crime is a felony

Unlawfully offering or giving anything of value to influence performance of an official Soliciting or accepting the bribe is also a crime

Falls under Larceny “the taking of personal property”

Known as blackmail Obtaining money/property from a person by wrongful use of force, fear, or power of office

Known as blackmail Obtaining money/property from a person by wrongful use of force, fear, or power of office

Willful and illegal burning of a building