Chapter 5 Our Criminal Laws Lesson 5-1 Criminal Law

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

Three Elements of a Crime Defendant intended to commit the act Defendant intended to do evil (3) Criminal Intent Breach of the duty (1) Duty State statutes prohibiting certain conduct (2) Violation of the Duty Three Elements of a 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 Embezzlement Taking another’s property or money by a person to whom it has been entrusted

Corporations and Criminal Intent Yes—vicarious criminal liability When corporate employees commit a crime, can officers be held criminally responsible? Yes—if their employees have criminal intent, their employer may be judged to have criminal intent Can corporations (organizations) form criminal intent? Corporations and Criminal Intent 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

Criminal Intent and Age Between  knowledge had to be proven Over 14  know the difference between right and wrong Under 7  below the age of reason Early common law Criminal Intent and Age Early common law Under 7 - below the age of reason Over 14 - know the difference between right and wrong Between - knowledge had to be proven

Criminal Intent and Age Minors as young as 7 may be tried and punished as adults if they are accused of serious crimes such as murder Age of criminal liability is 18 in most states Today Criminal Intent and Age Today Age of criminal liability is 18 in most states Minors as young as 7 may be tried and punished as adults if they are accused of serious crimes such as murder

Criminal Intent Sufficient mental capacity needed Insane persons (no) Drug use (yes) Voluntary intoxication (yes) Insane persons (no) Sufficient mental capacity needed Criminal Intent Sufficient mental capacity needed Insane persons (no) Voluntary intoxication (yes) Drug use (yes)

Is Criminal Intent Always Required for a Crime? Conduct is so careless some courts treat it the same as criminal intent Extreme carelessness Traffic offenses Not for less serious crimes when jail is unlikely Is Criminal Intent Always Required for a Crime? Not for less serious crimes when jail is unlikely Traffic offenses Extreme carelessness Conduct is so careless some courts treat it the same as criminal intent

Criminal Conduct Crimes against a person Crimes against the government and administration of justice Treason, tax evasion, perjury Theft, robbery, embezzlement Crimes against property Crimes against a person Assault and battery, kidnapping, rape, murder Criminal Conduct 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

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

Classification of Crimes Murder, rape, kidnapping, arson, robbery, burglary, embezzlement, forgery, theft of large sums, perjury Felony Death Punishable by a fine of more than $1,000 or Punishable by confinement for more than a year in state prison and/or Classification of Crimes Felony –Punishable by confinement for more than a year in state prison and/or –Punishable by a fine of more than $1,000 or –Death –Murder, rape, kidnapping, arson, robbery, burglary, embezzlement, forgery, theft of large sums, perjury

Classification of Crimes Misdemeanor Punishable by confinement in a county or city jail for less than one year and/or by fine Disorderly conduct, speeding Infractions Felony Murder, rape, kidnapping, arson, robbery, burglary, embezzlement, forgery, theft of large sums, perjury Punishable by confinement for more than a year in state prison and/or Punishable by a fine of more than $1,000 or Death Lesser misdemeanors Classification of Crimes Misdemeanor –Punishable by confinement in a county or city jail for less than one year and/or by fine –Disorderly conduct, speeding –Infractions •Lesser misdemeanors

Business-Related Crimes Felony Death Murder, rape, kidnapping, arson, robbery, burglary, embezzlement, forgery, theft of large sums, perjury Punishable by a fine of more than $1,000 or Punishable by confinement for more than a year in state prison and/or Do not involve force or violence, do not cause injury to people, and do not cause physical damage to property Referred to as white-collar crimes Businesses are subject to general criminal law Ex: evading income taxes, defrauding consumers, conspiring to fix prices, false fire and auto insurance claims, bribery Business-Related Crimes •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 •Ex: evading income taxes, defrauding consumers, conspiring to fix prices, false fire and auto insurance claims, bribery

Larceny •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 Felony Murder, rape, kidnapping, arson, robbery, burglary, embezzlement, forgery, theft of large sums, perjury Punishable by confinement for more than a year in state prison and/or Punishable by a fine of more than $1,000 or Death Burglary—entering a building without permission when intending to commit a crime Larceny •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

Larceny (con’t) •Shoplifting, pickpocketing, purse snatching Can be a felony or a misdemeanor Determined by the value of the property stolen and other circumstances Felony Murder, rape, kidnapping, arson, robbery, burglary, embezzlement, forgery, theft of large sums, perjury Punishable by confinement for more than a year in state prison and/or Punishable by a fine of more than $1,000 or Death Robbery and burglary are always felonies Larceny (con’t) •Shoplifting, pickpocketing, 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

Receiving Stolen Property Felony Death Murder, rape, kidnapping, arson, robbery, burglary, embezzlement, forgery, theft of large sums, perjury Punishable by a fine of more than $1,000 or Punishable by confinement for more than a year in state prison and/or Fence intent to deprive the rightful owner of the property Knowingly receiving stolen property one who receives stolen property Receiving Stolen Property •Knowingly receiving stolen property –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 Victim parts with property voluntarily Type of fraud Felony Murder, rape, kidnapping, arson, robbery, burglary, embezzlement, forgery, theft of large sums, perjury Punishable by confinement for more than a year in state prison and/or Punishable by a fine of more than $1,000 or Death False Pretenses •Obtaining money/property by lying about a past or existing fact •Victim parts with property voluntarily •Type of fraud

Forgery •Falsely making/altering a writing to defraud another •Checks Usually a felony Felony Murder, rape, kidnapping, arson, robbery, burglary, embezzlement, forgery, theft of large sums, perjury Punishable by confinement for more than a year in state prison and/or Punishable by a fine of more than $1,000 or Death Forgery •Falsely making/altering a writing to defraud another •Checks •Usually a felony

Murder, rape, kidnapping, arson, robbery, burglary, embezzlement, forgery, theft of large sums, perjury Death Punishable by a fine of more than $1,000 or Felony Punishable by confinement for more than a year in state prison and/or Bribery •Unlawfully offering or giving anything of value to influence performance of an official •Soliciting or accepting the bribe is also criminal

Computer Crime •Larceny? –“the taking of personal property” Larceny? Felony Murder, rape, kidnapping, arson, robbery, burglary, embezzlement, forgery, theft of large sums, perjury Punishable by confinement for more than a year in state prison and/or Death Punishable by a fine of more than $1,000 or Computer Crime •Larceny? –“the taking of personal property”

Extortion •Known as blackmail Obtaining money/property from a person by wrongful use of force, fear, or power of office Felony Murder, rape, kidnapping, arson, robbery, burglary, embezzlement, forgery, theft of large sums, perjury Punishable by confinement for more than a year in state prison and/or Death Punishable by a fine of more than $1,000 or Extortion •Known as blackmail •Obtaining money/property from a person by wrongful use of force, fear, or power of office

Conspiracy •An agreement between two or more persons to commit a crime Usually secret Conspiracy is a separate crime from the crime the parties plan to commit Either a felony or a misdemeanor Felony Murder, rape, kidnapping, arson, robbery, burglary, embezzlement, forgery, theft of large sums, perjury Punishable by confinement for more than a year in state prison and/or Punishable by a fine of more than $1,000 or Death Businesses: fix prices or divide markets Conspiracy •An agreement between two or more persons to commit a crime •Usually secret •Conspiracy is a separate crime from the crime the parties plan to commit •Either a felony or a misdemeanor •Businesses: fix prices or divide markets

Arson •Willful and illegal burning of a building Felony Murder, rape, kidnapping, arson, robbery, burglary, embezzlement, forgery, theft of large sums, perjury Willful and illegal burning of a building Felony Death Punishable by a fine of more than $1,000 or Punishable by confinement for more than a year in state prison and/or Arson •Willful and illegal burning of a building