Chapter 5 Crimes

Offenses Against Society When a crime occurs, society, acting through such employees as police and prosecutors, attempts to identify, arrest, prosecute, and punish the criminal. When a crime occurs, society, acting through such employees as police and prosecutors, attempts to identify, arrest, prosecute, and punish the criminal. PROTECT SOCIETY-NOT AID VICTIM! PROTECT SOCIETY-NOT AID VICTIM!

Elements of Every Crime A duty to do (or not to do) a certain thing. A duty to do (or not to do) a certain thing.duty An act or omission in violation of that duty. An act or omission in violation of that duty.violation Criminal Intent Criminal Intent Criminal Intent Criminal Intent

DUTY Very easy to prove. Very easy to prove. – Simply State the Law (statutes) – Lawyers, police, prosecutors just cite a statute to the judge. – BACK BACK

Violation of that Duty The breach of the DUTY. The breach of the DUTY. This is the specific CONDUCT of the person. This is the specific CONDUCT of the person. Evidence, such as witnesses, can prove the breach. Evidence, such as witnesses, can prove the breach. BACK BACK BACK

Criminal Intent Must be proved. Must be proved. – 1. intended to commit the act. – 2. intended to do evil. Corporations can have criminal intent. Corporations can have criminal intent. – Employer can be held responsible for employees criminal intentions. – Employees doing something illegal because they were told to (vicarious criminal liability) Age and Criminal Intent. Age and Criminal Intent. – Less than 7-no intent. – 13-Up can be tried as adults. Mental Capacity Mental Capacity – Insane/Mentally Challenged –No intent. Less Serious Crimes- No jail time (intent not required). Less Serious Crimes- No jail time (intent not required). Carelessness-Requires no intent. Carelessness-Requires no intent.

Overview of Criminal Conduct Person : assault, battery, kidnapping, rape, murder. Person : assault, battery, kidnapping, rape, murder. Property : Theft, robbery, embezzlement, receiving stolen property. Property : Theft, robbery, embezzlement, receiving stolen property. Government: Treason, tax evasion, bribery, counterfeiting, perjury. Government: Treason, tax evasion, bribery, counterfeiting, perjury. Public Peace/Order : Rioting, concealed weapons, drunk, disorderly conduct. Public Peace/Order : Rioting, concealed weapons, drunk, disorderly conduct. Realty : Burglary, arson, trespass. Realty : Burglary, arson, trespass. Consumers : Worthless securities, food and drug laws. Consumers : Worthless securities, food and drug laws. Decency : Bigamy, obscenity, prostitution, contributing to minor. Decency : Bigamy, obscenity, prostitution, contributing to minor.

Felony vs. Misdemeanor Jail/Prison Time: More than 1 year or execution. Jail/Prison Time: More than 1 year or execution. – Larceny – Bribery – Conspiracy – Buy/Sell Narcotics – Receive Stolen Property – Forgery – Extortion – Arson – Computer Crime Less Serious Crime: Less than 1 year in jail, fine, or both jail and fine. Less Serious Crime: Less than 1 year in jail, fine, or both jail and fine. – Larceny – False Pretenses – Conspiracy – Receive Stolen Property – Extortion – Computer Crime

Business-Related Crimes White Collar Crimes: White Collar Crimes: – Generally No Physical Violence. – Well-Educated and respected members of community. – Defrauding consumers, false advertising, embezzling etc. Antitrust Laws: Antitrust Laws: – Businesses to compete. – No fixing prices – No dividing regions.

Larceny-BOTH THEFT THEFT Wrongful taking of money or personal property. Wrongful taking of money or personal property. Robbery: Taking things off the immediate person, causing fear. Robbery: Taking things off the immediate person, causing fear. Burglary: Entering a building without permission and stealing. Burglary: Entering a building without permission and stealing.

Receiving Stolen Property-Both Knowingly receiving or buying property known to be stolen. Knowingly receiving or buying property known to be stolen.

False Pretenses- Misdemeanor Obtaining money or property by lying about a past or existing fact. Obtaining money or property by lying about a past or existing fact.

Forgery-Felony Falsely making or materially altering a writing to defraud another. Falsely making or materially altering a writing to defraud another.

Bribery-Felony Unlawfully offering or giving to a government official anything of value to influence performance of an official duty. Unlawfully offering or giving to a government official anything of value to influence performance of an official duty.

Extortion-Both Commonly known as blackmail. Commonly known as blackmail.

Conspiracy-Both An agreement between two or more persons to commit a crime. An agreement between two or more persons to commit a crime.

Arson-Felony Willful and illegal burning of a building. Willful and illegal burning of a building.

Selling and Buying narcotics-Felony Transporting, selling, offering to sell, or possessive Transporting, selling, offering to sell, or possessive

Computer Crime- Both Accessing, altering, damaging, or destroying without authorization any computer. Accessing, altering, damaging, or destroying without authorization any computer. Even accessing another’s computer without authorization is a crime. Even accessing another’s computer without authorization is a crime.

Rights of the arrested Due Process Due Process Fair Procedures Fair Procedures Not testify against themselves. Not testify against themselves. Right to cross- examine witnesses Right to cross- examine witnesses Right to attorney Right to attorney

Responsible for Criminal Conduct of another Aids someone in a crime. Aids someone in a crime. – Lookout or driver – Helps plan Someone is killed while committing a felony-all are guilty of homicide. Someone is killed while committing a felony-all are guilty of homicide.

Defenses to criminal charges Procedural Defenses Procedural Defenses – Problems with: how evidence is obtained how evidence is obtained How accused is arrested, questioned, tried, or punished. How accused is arrested, questioned, tried, or punished. – Ignorance is NO Defense. Substantive Defenses Substantive Defenses – Disprove, Justify, or excuse the alleged crime. Eyewitness Self-Defense Criminal Insanity Criminal Insanity Immunity

Self-Defense The use of force that appears to be necessary to prevent death, serious bodily harm, kidnapping, or rape. The use of force that appears to be necessary to prevent death, serious bodily harm, kidnapping, or rape. May NOT use deadly force when non-deadly force is enough. May NOT use deadly force when non-deadly force is enough. Only Non-Deadly Force to protect or recover property. Only Non-Deadly Force to protect or recover property. Back Back Back

Criminal Insanity When a person does not know the difference between right and wrong. When a person does not know the difference between right and wrong. Back

Immunity Freedom from prosecution even when one has committed the crime charged. Freedom from prosecution even when one has committed the crime charged. – Agree to testify against another. – If they refuse after they said they would they would be charged with “Contempt of Court”.

Punishment for crimes Any penalty provided by law and imposed by a court. Any penalty provided by law and imposed by a court. Purpose is to Discipline the wrongdoer. Purpose is to Discipline the wrongdoer. Plea Bargain: Pleading guilty to a less serious crime in exchange for having a more serious charge dropped. Plea Bargain: Pleading guilty to a less serious crime in exchange for having a more serious charge dropped.