Chapter 5

1. What arguments can you make for trying Emily? 2. What arguments can you make against trying her?

1. The fact that respect for the evenhanded- ness of the law would be lost if she was not tried. 2. The fact that she had actually accomplished what the law could not do.

 Has she committed a crime despite the repayment?

 Davis owed a duty, defined by state statute, to not take the credit union’s money.

 A crime is a punishable offense against society.

 Before anyone can be convicted of a crime, three elements must be proven at the trial: 1. The duty 2. The breach of the duty 3. Criminal intent

 State statutes prohibiting certain conduct usually describes duty.  The existence of a duty in criminal law is usually proven in court by the prosecutor citing a statute to the judge.

 The breach of duty-the specific conduct that violates the statute is the criminal act.  Example: If someone intentionally hit someone in the face, causing them harm(battery), the breach of the duty could be proven in court by the testimony of a witness who saw the defendant punch the victim.

 Criminal Intent generally means that the defendant: 1. Intended to commit the act 2. Intended to do evil grisly-murder-florida-teen-followed-fight- authorities-say/

 Can a corporation, which is an organization, form criminal intent the way humans can?

 Yes, if an employee has criminal intent, their employer may be judged to have criminal intent.  Vicarious criminal liability refers to corporations.  Under common law, children under age 7 were considered to be below the age of reason. Therefore, they were considered incapable of forming criminal intent.

 State statutes provide that minors as young as 7 may be tried and punished as adults if they are accused of serious crimes, such as murder.  There are exceptions to criminal intent.  Example: If you’re driving down the road going 80 mph through a neighborhood while drunk and killed a pedestrian, you may have not intended to speed or intended to do evil, but your conduct was careless that some courts treat it the same as criminal intent. You may be convicted of vehicular homicide. illsborough/temple_terrace/stop-sign-theft-in-temple- terrace-brings-back-painful-memories-for-residents- in-rural-hillsborough-

1. Crimes against a person-assault and battery, kidnapping, rape, murder 2. Crimes against property-theft, robbery, embezzlement 3. Crimes against the government and administration of justice-treason, tax evasion, perjury 4. Crimes against public peace and order-rioting, disorderly conduct, illegal speeding 5. Crimes against realty-burglary, arson, criminal trespass 6. Crimes against consumers-fraudulent sale of securities, violation of pure food and drug laws 7. Crimes against decency-bigamy, obscenity, prostitution

 If this could be proven, could he be punished for a crime?

 Murdock committed perjury. He may be imprisoned for two or three years.

 Crimes are classified as felonies and misdemeanors.

Felony  A crime punishable by confinement for more than a year in state prison or by a fine of more than $1,000 or both—even death.  Examples: murder, kidnapping, arson, rape, robbery, burglary, embezzlement, forgery, theft of large sums, and perjury Misdemeanor  Less serious and usually punishable by confinement in a county or city jail for less than a year, by fine, or both.  Examples: speeding, parking violations, and littering

 Were the officers and their companies guilty of any crime?

 The six officers were guilty of violating criminal portions of antitrust laws.  Antitrust laws-state that competing companies may not cooperate in fixing prices or in dividing sales regions.  Antitrust laws require that business firms compete with one another.

 White collar crimes are offenses committed in the business world.  White collar crimes do not involve force or violence, do not cause injury to people, and do not cause physical damage to property.

 Commonly known as theft  The wrongful taking of money or personal property belonging to someone else, with intent to deprive the owner of possessions.  Robbery and burglary are variations of larceny  Larceny can either be a felony or a misdemeanor  Robbery and burglary are felonies  Other Examples: pick pocketing, shoplifting, purse snatching

Robbery  The taking of property from another’s person or immediate presence, against the victim’s will, by force or causing fear. Burglary  Entering a building without permission when intending to commit a crime.

 It is a crime to buy property that you know has been stolen.

 One who obtains money or other property by lying about a past or existing fact is guilty of false pretenses.  Different from larceny because the victim parts with the property voluntarily.

 Falsely making or materially altering a writing to defraud another.  Usually a felony  Most common type of forgery is on a check

 Unlawfully offering or giving anything of value to influence performance of an official.  Example: Paying a football player to throw the game, bribing nongovernmental parties

 Commonly known as blackmail  Sometimes the extortionist threatens to expose a secret crime or embarrassing fact if payment is not made.

 Newest crime  The law can NOW prosecute

 An agreement between two or more people to commit a crime.  Usually it is a secret  Can be a misdemeanor or a felony

 The willful or illegal burning of a building.

 Is he correct?

 Barlow’s right against self- incrimination was not violated by the law that requires one to remain at the scene of the accident and identify oneself.

 The Constitution believed it was better for our society to give individuals too much liberty than to allow the government too much power.

 The constitutional right to due process requires fundamental fairness in governmental actions.  Example: criminal defendants may not be compelled to testify against themselves, the right to cross-examine witnesses, be represented by a lawyer.  To convict a person of a crime, the evidence must establish guilt with proof beyond a reasonable doubt (90%).

 A person who aids another in the commission of a crime is also guilty of criminal wrongdoing.  Example: Someone who acts as the lookout for police during a robbery.

 If true, are those good defenses?

 Will and Zack should have been advised of their rights when arrested.  If they were not advised, their procedural rights of the Constitution were violated.  This is a valid defense.

 The state must prove that the defendant is guilty beyond reasonable doubt.  But even when it appears that this has been done, the defendant may escape criminal liability by establishing a defense.  Defense-often allows the defendant to escape liability.  The defendant must produce the evidence to support any defense.

Procedural Defense Substantive Defense  Based on problems with the way evidence is obtained or the way the accused person is arrested, questioned, tried, or punished.  Example: a defendant who confessed to a crime may assert the defense that she signed the confession only because she felt threatened by the police.  The legal system assumes that everyone knows the law.  Disapprove, justify, or excuse the alleged crime.  Most substantive defenses discredit the facts that the state has sought to establish.  Example: Self-defense, criminal insanity, and immunity

 Self-defense- the use of the force that appears to be reasonably necessary to the victim to prevent death, serious bodily harm, rape, or kidnapping.  You may not use deadly force if non-deadly force appears reasonably sufficient.  Only non-deadly force may be used to protect or recover property.  You may not set deadly traps, or shoot a thief who is escaping with stolen property.

 Criminal insanity-generally exists when the accused does not know the difference between right and wrong.  If the accused is criminally insane, there is no criminal intent and therefore no crime.  At the trial, the defendant must prove criminal insanity.

 Immunity-freedom from prosecution even when one has committed the crime charged.  Sometimes a criminal may be granted immunity in exchange for an agreement to testify about the criminal conduct of several other criminals.

 What is an appropriate penalty for an offense of this nature?

 Gill was guilty of an infraction, which did not require criminal intent.  His conduct was illegal so he would probably be fined.

 The purpose is not to remedy the wrong but rather discipline the wrongdoer.  An accused person may agree to plead guilty to a less serious crime in exchange for having a more serious charge dropped, this is known as plea bargaining.