1. Chapter 4

2. Criminal Law

3.  Crime-(fundamentally) a punishable offense against society Enforcement is designed to protect society rather than aid the victim  Versus civil law  Crimes are defined by statute

4. 1. A duty to do (or not do) a certain thing. Described by state statute (or less commonly federal statues or city ordinances) Statute would be cited to judge. 2. An act or omission in violation of that duty Here is the crime! 3. Criminal intent Intended to commit the act 1. Intended to do evil

5. Corporations can form criminal intent if employees were doing assigned activities and the act benefitted the organization Officers can be held responsible too Vicarious criminal liability (substituted)

6.  Related to age Common law-less than 7 were below the age of reason, over 14 were accountable (tried as adults), for 7-14 had to prove they knew the difference between right and wrong Criminal liability generally 18 today. Under 18, juvenile delinquency Must have mental capacity to understand right and wrong.  Insane- may not be responsible  Voluntary drug/alcohol use-still responsible

7.  Less serious crimes where jail is not likely Ex. Traffic offenses  Cases involving extreme carelessness Ex. Driving at 100 mph resulting in death

8.  Classified various ways.  One way: Crimes against: Person Property Government Public peace and order Realty Consumers Decency

9. 1. Felony= > One year in state prison and/or a fine of > $1000. Examples: murder, kidnapping, robbery, rape, perjury (lying under oath. 2-3 years)

10. 2. Misdemeanor=< one year in city or county jail and/ or fine Examples: speeding, disorderly conduct Lesser misdemeanors (parking ticket, littering) can be called infractions. No possible jail time so no jury.

11.  White collar crime-committed in the business world, no violence, no injury, no damage to property More lenient, punishment fines or short prison sentences. Anti-trust laws-price fixing and reducing competition Larceny (theft)- wrongful taking of money or personal property belonging to someone else, with intent to deny the owner of possession

12.  Robbery (variation of larceny)-taking of property from another’s person or immediate presence by force or causing fear.  Burglary (variation of larceny)- entering a building without permission when intending to commit a crime  Shoplifting, pickpocketing, purse snatching

13.  Larceny may be a misdemeanor or a felony. Robbery and burglary always felony Other forms depend on value of property stolen.  Selling stolen property separate crime.

14.  Receiving Stolen Property-receiving or buying property known to be stolen (a fence). Knew or should have known!  False Pretenses-obtaining money or other property by lying about a past or existing fact. Victim willingly gives property (fraud)  Forgery-falsely making or materially altering a writing to defraud another. Includes altering a check. (Signing name or altering amount)

15.  Bribery-unlawfully offering or giving anything of value to influence performance of an official (soliciting or accepting is illegal) Commercial bribery-bribing nongovernmental parties  Computer Crime  Extortion-(Blackmail) obtaining money or other property from a person by wrongful. Use of force, fear, or the power of office

16.  Conspiracy-an agreement between two or more persons  Considered a separate crime  May be a misdemeanor or a felony  Arson-willful and illegal burning of a building (includes burning a building to defraud insurance)

17.  Illinois Shoplifting Laws Illinois Shoplifting Laws “A merchant who has reasonable grounds to believe that a person has committed retail theft may detain such person, on or off the premises of a retail mercantile establishment, in a reasonable manner and for a reasonable length of time….”

18. Criminal Procedure

19.  Major objective of Constitution to protect people from federal government (state and local too) It is better for our society to give individuals too much liberty than to allow the government too much power.

20.  Constitutional right to due process requires fairness in government actions. Examples:  Miranda rights You have the right to remain silent when questioned. Anything you say or do may be used against you in a court of law. You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future. If you cannot afford an attorney, one will be appointed.

21.  Right to cross examine witnesses  Proof beyond a reasonable doubt  Right to a trial by jury  Agreement of all jurors  Probable cause-a reasonable ground for belief

22.  Defense-a legal position taken by the accused to defeat charges.  It often allows the defendant to escape liability. 1. Procedural Defenses-based on problems with the way evidence is obtained or the way the accused person is arrested, questioned, tried, or punished. (Ignorance of the law is not a defense)

23. 2. Substantive Defense-disprove, justify, or excused the alleged crime. Most discredit the facts. Self-defense, criminal insanity, and immunity are examples

24.  Self-defense-the use of force that appears to be reasonably necessary to the victim to prevent death, serious bodily harm, rape, or kidnapping. Extends to members of one’s family and household and to others whom one has a legal duty to protect  Only non deadly force to protect or recover property.  May not shoot a thief who is escaping.

25.  Criminal insanity-when the accused does not know the difference between right and wrong due to a verifiable mental disease or defect  Immunity-freedom from prosecution even when someone has committed the crime charged. Sometimes in exchange for testifying, sometimes so they will not self incriminate.  A witness who refuses after immunity is in contempt of court. (imprisonment possible)

26.  Punishment-any penalty provided by law and imposed by a court.  Goal is discipline, not to remedy the wrong.  Plea bargaining-pleading guilty to a lesser crime to avoid a trial. Must be approved by the judge.

27.  Not innocent until proven guilty  Judge takes an active role-cross examination  No protection from self incrimination, hearsay and opinion  Family can be party to investigation

28.  Research a case that successfully used self defense or insanity as a defense.  What were the details of the case?  Why was the defense successful? Refer to and discuss notes as to the criteria that must be met for the defense.  Do you agree or disagree with the results? Why?  Include the source!

29.  What are Castle laws?  What are Stand your Ground laws?  Do you think that these laws help people defend themselves or cause more violence? Use CASES to support your views. Cases should include the source (URL is sufficient) No Wikipedia!!!