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Classification of Crimes  Crimes are classified as :  1). Felonies  2). Misdemeanors  Felony: A felony is a crime punishable by confinement for more.

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Presentation on theme: "Classification of Crimes  Crimes are classified as :  1). Felonies  2). Misdemeanors  Felony: A felony is a crime punishable by confinement for more."— Presentation transcript:

1 Classification of Crimes  Crimes are classified as :  1). Felonies  2). Misdemeanors  Felony: A felony is a crime punishable by confinement for more than a year in a state prison or by a fine of more than 1,000, or both-or even death. Murder, kidnapping, arson, rape, robbery, embezzlement are all felonies. People who lie under oath are committing perjury.  Misdemeanor: Is a less serious crime. Its punishable in a county or city jail forl less than one year by fine, or both. Such crimes as disorderly conduct and speeding are usually misdemeanors. Infractions : result in a fine.

2 Defenses to Criminal Charges  A defense allows the defendant to escape liability  There are two types of defenses:  Procedural Defense: Are based on problems with the way evidence is collected, or the way the accused person is questioned, tried, or punished.  Substantive Defense: Disproves,justifies, or excuses th alleged crime. Most o substantive defenses discredit the charges. Self-defense, criminal insanity, and immunity are all examples of substantive defenses.  Self Defense: The use of force that s reasonably necessary to the victim to prevent death.  Criminal Insanity: The accused does not know the difference between right and wrong,  There is know criminal intent, therefore there is no crime  Immunity: freedom from prosecution eve when one has committed the crime.  Contempt of Court: A witness that refuses to testify..

3 What Are Crimes  A crime is a punishable offense against society. When a crime occurs it disrupts our stable environment. Crimes contrast with civil offenses which are offenses against just the victim not society. For almost all crimes, the victim can sue identified criminals for civil damages. Crimes are defined by statue (laws enacted by statute or federal legislatures) Statutes tell us what conduct is prohibited so that we conform our conduct to the law. (laws enacted by statute or federal legislatures) Statutes tell us what conduct is prohibited so that we conform our conduct to the law.  Elements of a crime: Before anyone can be convicted of a crime, three elements must be present.   1. A duty to do or not do a certain thing  2. An act in omission in violation of that duty.  3. Criminal Intent.

4 Business-Related Crimes  Like people, businesses re subject to general criminal law. Offenses committed in the business world typically are referred to as white-collar crimes. These crimes do not cause injury to people, and do not cause physical damage to property.  Examples of white-collar crimes include: Evading taxes, defrauding customers, price fixing, false insurance claims, false advertising, embezzling, political corruption. Evading taxes, defrauding customers, price fixing, false insurance claims, false advertising, embezzling, political corruption.  Antitrust laws state that competing companies may not cooperate in fixing prices or divided sales regions. Antitrust laws require fair competition, between companies. Some common business crimes are: Larceny: Known as theft is the wrongful taking of money or property. Larceny: Known as theft is the wrongful taking of money or property. Receiving Stolen property: Knowingly receiving stolen property. Receiving Stolen property: Knowingly receiving stolen property. False Pretenses: One who obtains money or property by lying about a past or existing fact. False Pretenses: One who obtains money or property by lying about a past or existing fact. Forgery: is falsely making,altering a writing to defraud another. Checks are most common. Forgery: is falsely making,altering a writing to defraud another. Checks are most common. Bribery: Is unlawfully offering or giving anything of value to influence performance of an official. Bribery: Is unlawfully offering or giving anything of value to influence performance of an official. Computer Crime: Stealing computer data. Computer Crime: Stealing computer data. Extortion: Blackmail obtaining money or property by use of force, fear,or power. Extortion: Blackmail obtaining money or property by use of force, fear,or power. Conspiracy: An agreement between two or more people to commit a crime. Conspiracy: An agreement between two or more people to commit a crime. Arson: the willing and illegal burning ofa building Arson: the willing and illegal burning ofa building

5 Rights & Responsibilities  Rights when arrested: The right to due process requires fair procedures during an investigation and in court. A criminal does not have to testify against themselves, they have the right to cross examine witnesses. The criminal must be represented by an attorney.  To convict a person of a crime, the evidence must prove guilt with proof beyond a reasonable doubt. 90 % of evidence must support the guilty verdict.  Defendants have a constitutional right to a trial by jury.  A person who aids another in the commission of a crime is also guilty of criminal wrongdoing.

6 Elements of a Crime  Duty: State statutes prohibiting certain conduct usually describes duty. To establish duty in a trial, the prosecutor cites a statute to the judge.  Violation of the Duty: The breach- the conduct that violates a statute- is the criminal act.For ex. all states have statutes that make battery a crime.  Criminal Intent: Intent must be proven in most cases. Criminal Intent means : 1. You intended to commit the act 1. You intended to commit the act 2. You intended to do evil. 2. You intended to do evil.  Criminal Intent creates two issues fo corportations. F a companies employees have criminal intent their employer may be judged to have criminal intent. The second issue related to the cop rate officers. An officer of a company may be held liable for the acts of their employees. Under the doctrine of vicarious criminal liability. Vicarious means to substitute.

7 Criminal Conduct  Today most states fix the age of criminal liability at 18, but the figure can range from 16-19. Minors as young as 7,may be tried as adults. Generally what is a crime for an adult, is juvenile delinquency for a minor.  To have criminal intent one must have sufficient mental capacity to knowt he difference between right and wrong. Insane persons may not be held liable for their criminal acts. Being on drugs or drunk does not relieve a person from responsibility.  Criminal Conduct may be classified in the following ways Crimes against a person ( rape, battery, kidnapping) Crimes against a person ( rape, battery, kidnapping) Crimes against property ( theft, robbery, embezzlement) Crimes against property ( theft, robbery, embezzlement) Crimes against the govt.( tax evasion, perjury) Crimes against the govt.( tax evasion, perjury) Crimes against public peace( illegal speeding, disorderly conduct) Crimes against public peace( illegal speeding, disorderly conduct) Crimes against realty ( arson, criminal trespass) Crimes against realty ( arson, criminal trespass) Crimes against consumers ( fraudulent sales, violation o f food & drug laws) Crimes against consumers ( fraudulent sales, violation o f food & drug laws) Crimes against decency ( bigamy, prostitution, obscenity) Crimes against decency ( bigamy, prostitution, obscenity)


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