You and the Legal System Classifications of Crimes Crimes Against People Crimes Against Property White-Collar Crime

What is a Crime? Crime: 1. 2. 3. Before anyone can be convicted, three elements must be proven at the trial. A duty to do or not to do a certain thing. -must involve voluntary conduct (can’t be based on a condition, it can’t be a crime to be an alcoholic) -failure to act may also be a crime An act or omission in violation of that duty. Criminal intent. -required state of mind is defined (murder vs. manslaughter, taking a life is the same, but intent is different)

What if I punched someone in a basketball game? Crime Duty In relation to state statute or city ordinances that identify criminal behavior. Violation of the Duty The actual criminal act. It must meet the violate the conduct outlined in the statute. Criminal Intent Intended to commit the act and intended to do evil. What if I punched someone in a basketball game? Duty: Prosecutor must cite a statute to the judge at the trial to establish duty. Violation: Proven through testimony and evidence. Criminal Intent: What was the state of mind? What if I were to fall and catch myself on you which knocked you to the ground and knocked out a tooth?

Classifications of Crimes Prosecutor vs. Defendant The Government Person Accused

Crimes are Classified as: Felonies Punishable by confinement for > 1 year in a state prison or by a fine of more than $1,000, or both, or even death. Misdemeanors Less serious crime usually punishable by confinement in a county/city jail for < 1 year, by fine, or both. Infractions Lesser misdemeanors punishable by fine. Felony Examples: Murder, kidnapping, arson, rape, robbery, burglary, embezzlement, forgery, theft of large sums and perjury. -Punishable by hard labor Misdemeanor Examples: Disorderly conduct, speeding, small theft, driving w/out a license, drinking under age. Infraction Examples: Parking violations.

You and the Legal System Criminal vs. Civil Law Civil Law: Summons: Order to appear in court, sent to the accused from the court clerk.

Criminal Conduct Crimes against a person. Crimes against property. Crimes against the government. Crimes against public peace and order. Crimes against realty. Crimes against consumers. Crimes against decency. Person: assualt and battery, kidnapping, rape, murder. Property: theft, robbery, embezzlement. Government: treason, perjury, tax evasion. Public: rioting, speeding, disorderly conduct Realty: burglary, arson, criminal trespass Consumers: violation of food and drug laws, sale of securities Decency: bigamy, obscenity, prostitution

Crimes Against People Murder Manslaughter Battery Assault Kidnapping Sex Offenses MURDER: Unlawful killing of another human being with malice aforethought (evil intent before killing). 1st Degree: Killing with premeditation 2nd Degree: Killing in a cruel way (torture) 3rd Degree: Killing while committing a felony (rape) If none apply, usually becomes 2nd Degree. Manslaughter: Unlawful killing of another human being without malice aforethought. Involuntary - no intent to kill, happens during an unlawful or reckless act. Voluntary - intends at the time committed, but does as the result of great personal distress. Battery: Unlawful touching of another person. -Does need criminal intent (bump into) -Examples include: giving poison or drugs, spitting in face, siccing a dog, kissing someone. Assault: Attempt to commit a battery. -Example: pointing and shooting a gun (if it hits them it is battery) Both Assault and Battery are misdemeanors unless aggravated--weapon used. Kidnapping: Unlawful removal or restraint of a person against that person’s will. -Distance doesn’t matter. Sex Offenses: Rape-forced sexual intercourse Statutory Rape-rape where victim is underage

Crimes Against Property Burglary Larceny Robbery Arson Burglary: Breaking (opening) and entering of a dwelling house at night with the intent to commit a felony. What is wrong with this definition? States have passed statutes involving daytime, not a dwelling, committing a misdemeanor. Larceny: Unlawful taking and carrying away or personal property of another with the intent to deprive the owner. -Legal term for stealing. -$300 or more is felony, $300 or less is misdemeanor. Robbery: Wrongful taking and carrying away of the personal property of another accompanied by violence or threats. -Taking from person or close to the body with threats, different from larceny. Arson: Willful and malicious burning of the dwelling house of another. -Malicious burning of house or other building (statute added)

White -Collar Crimes Embezzlement Antitrust Laws False Pretenses Forgery Bribery Computer Crime Extortion Conspiracy WHAT IS WHITE-COLLAR CRIMES: Fraud and deceit that is nonviolent. Embezzlement: Taking another’s property or money by a person to whom it has been entrusted. Antitrust Laws: Competing companies cannot cooperate in price-fixing or in dividing sales regions. False Pretenses: One who obtains property or money by lying about a past or existing fact. (typically called a con--statements must be intended to mislead and induce victim to rely on them) Forgery: Falsely making or materially altering a writing to defraud another. (creating a false identity, must intend to deceive) Bribery: Unlawfully offering or giving anything of value to influence an official. (fine <20,000 (or 3x amount) or imprisonment <15 years) Computer Crime: There is no “taking of personal property” if you copy or erase computer equipment because it is a loss of electrical impulses which no one really owns. New criminal laws are being created daily. Extortion: (Blackmail) Obtaining money or other property from a person by wrongful use of force, fear, or the power of office. Conspiracy: An agreement between two or more people to commit a crime.

How is our legal system different from other countries? Persons accused of crimes are not presumed innocent until proven guilty. Victims and their families can become parties to investigations. Judges take an active role in trials, including examining and cross-examining. Persons accused of crimes have no protection from self-incrimination and can be compelled to testify. Testimony based on hearsay and opinion is allowed.

Look at the Evidence Study the following situations, answers the questions, then prepare arguments to support your answer.

Mary received a citation for failing to remove the snow from the sidewalk in front of her dress shop. The fine was $60. Mary thought the citation was unfair because she did not have enough time to shovel the snow. She received the citation 5 hours after the snowstorm had ended. In court she protested and asked for a jury trial. When she was told that the matter would be heard only by a judge, she said it is her constitutional right to a trial by jury in criminal matters. Is she right? No. Mary is not entitled to a jury trial because her offense is an infraction and there is not a risk of jail time.

Phillip developed a scheme to generate funds by sending bogus bills for a relatively small amount for District Sanitization Services to residents of certain affluent neighborhoods. Enough people paid these bills to make the practice quite profitable. Has Phillip committed a crime? If so, what crime? Yes. Phillip has committed the crime of false pretenses. He has engaged in the act with the intent to cheat people out of their money.

A corporation was cited and charged with illegal pollution for dumping chemical wastes into a river. The dumping happened when an employer mistakenly opened the wrong valve. The company pleaded not guilty because the dumping was not intentional. Moreover, neither the company nor the employee knew of the ban on dumping this particular chemical. Is either argument a good defense? Neither the company nor the employee can assert as a valid defense the fact that it did not know that this particular act was criminal. Ignorance of the law is no excuse. However, the employee and the business may escape criminal responsibility on the grounds that there was no criminal intent.