CRIMES AGAINST PROPERTY

Civil Rights and Criminal Law 4th Amendment – protects against unreasonable searches and seizures and requires probable cause 5th Amendment – due process, double jeopardy, protection against self-incrimination 6th Amendment – right to trial by jury, right to speedy trial, right to counsel, right to confront accuser 8th Amendment – freedom from cruel and unusual punishments and freedom from excess bails 14th Amendment – incorporates equal protection and due process to the states

3 categories of punishment Felony More than one year in state or federal prison May impact a person’s ability to obtain certain types of employment Misdemeanor Less than one year in jail May sometimes be served in local or county jail instead of state prison Violation Fine Citation

2 categories of crime Crimes against property are crimes that involve a person’s things: money; personal property; land; etc. Crimes against the person are crimes that violate a person’s body, health or safety.

Crimes Against Property Arson Vandalism Larceny Embezzlement Robbery Burglary Extortion (Blackmail) Cybercrime

Larceny Larceny is the unlawful taking and carrying away of the property with the intent to permanently deprive the owner of it. Robbery – forcible taking of property from someone’s person Burglary – breaking and entering a dwelling with intent to commit a crime therein Shoplifting – taking items from a store without paying or intending to pay for them

First Degree Robbery Second Degree Robbery Third Degree Robbery Robbery in Oregon First Degree Robbery Use of dangerous weapon Causes physical injury Class A felony Second Degree Robbery Threatens use of dangerous weapon Threat of injury Class B felony Third Degree Robbery Takes property from the person Prevents person from holding onto property Class C felony

Shoplifting Problem 10.2 Why do you think people shoplift? Why do so many teens shoplift? List the reasons. What could be done to address each of the reasons for shoplifting? Which most effective and why? If you saw a stranger shoplifting, what would you do? Would your answer be different if you knew the person? A movie star is caught shoplifting with thousands of dollars worth of merchandise. It is her first offense. What penalty should she receive? Would the penalty be different if she was not famous?

Shoplifting Challenge question: As John is shopping at Target, he places 2 DVDs in his backpack, intending to steal them. A store detective follows him around the store and stops John just before John gets to the front door. What crime, if any has John committed? Explain your answer.

*Both deal with destruction of property* Arson and Vandalism *Both deal with destruction of property* Arson- willful or malicious burning of a person’s property Crime even if property is burned by owner May also involve a separate fraud crime if burned to collect insurance Vandalism – willful destruction or damage to property Can be a felony or a misdemeanor, depending on extent of damage

Arson in the Second Degree Arson in Oregon Arson in the Second Degree starting a fire or causing an explosion, the person intentionally damages property of another: Damage exceeds $750; OR manufacture of methamphetamine Class C felony – usually 1-5 years in prison Arson in the First Degree starting a fire or causing an explosion, the person intentionally damages protected property: Causes bodily injury Injuries police officer or firefighter acting in the line of duty Class A felony - could be up to 25 years in prison

Cybercrimes New crimes have arisen due to technology Spamming, worms and viruses, phishing Music piracy Transmission of obscene material Hacking and computer fraud

Advocacy Activity Team 1: For a-d, argue that each should be a crime Team 2: For a-d, argue that each should not be a crime Team 3: For e-h, argue that each should be a crime Team 4: For e-h, argue that each should not be a crime

Questions or comments? Questions about law school?