1. Chapter 4
4-1 Criminal Law

2. Crimes and Criminal Behavior
4-1 Criminal Law
Crimes and Criminal Behavior
Crime – A punishable offense against society.
Police and prosecutors attempt to identify, arrest, prosecute, and punish the criminal.
These efforts are designed to protect society, NOT the victim of the crime.

3. Elements of Criminal Acts
4-1 Criminal Law
Elements of Criminal Acts
Duty
Everyone had a legally enforceable duty to conform his or her conduct to the law’s requirements.
Violation of the Duty
The specific conduct of the defendant that violates the statute – THE CRIMINAL ACT
Criminal Intent
Refers strictly to the state of mind that must be present concurrently with the alleged criminal act or failure to act.
Motive – what specifically drives a person to act or refrain from doing so.

4. Criminal Intent - Corporations
4-1 Criminal Law
Criminal Intent - Corporations
If a corporation’s employees have criminal intent, their employer many be judged to have criminal intent.
If the employees were doing their assigned duties and the criminal act benefits the organization, the organization had criminal intent.
A corporation’s officer CAN be held criminally liable.
Vicarious criminal liability – criminal intent of the employee is used as a substitute for the requirement of criminal intent for an officer (president, CEO, CFO, etc.)

5. 4-1 Criminal Law Criminal Intent - Age Common Law Today
Children under the age of 7 were considered incapable of forming the criminal intent necessary for crimes
Those over 14 were presumed capable of recognizing the different between right and wrong and held accountable as adults for their acts.
Today
Most states fix the age of criminal liability at 18, but the figure ranges from 16 to 19.
Some state statutes provide that minors as young as 7 may be tried and punished as adults for more serious crimes such as murder.

6. Criminal Intent – Mental Capacity
4-1 Criminal Law
Criminal Intent – Mental Capacity
Knowing the difference between right and wrong
Insane persons are not held responsible for their criminal acts
People who voluntarily become intoxicated or drugged are held responsible

7. Criminal Intent – Not Required
4-1 Criminal Law
Criminal Intent – Not Required
Some minor crimes do not require the element of criminal intent
Traffic offenses
Speeding
Circumstances of extreme carelessness
Reckless driving

8. Classifications of Crimes
4-1 Criminal Law
Classifications of Crimes 
Felony
A crime punishable by confinement for more than a year and/or fined more than $1000 (or death).
Misdemeanor
A less serious crime punishable by confinement of less than one year and/or fined less than $1000

9. 4-1 Criminal Law Felony Misdemeanor Severity More severe crimes
Less severe crimes
Examples
Murder, robbery, grand theft
Shoplifting, domestic fight
Punishment
Can go to state prison for more than 1 year
A sentence of less than 1 yr in county jail and/or fine
Effect on civil liberties
Complete loss of second amendment rights, right to vote, serve on jury and hold public office
No effect on civil liberties

10. 4-1 Criminal Law Type of Crime Crimes against… A person Property
Assault and battery
Kidnapping, Rape , Murder
Property
Theft
Robbery
Embezzlement
Government and administration of justice
Treason
Tax evasion
Perjury
Public peace and order
Rioting
Disorderly conduct
Realty
Burglary
Arson
Criminal trespass
Consumers
Fraudulent sate of securities
Violation of pure food and drug laws
decency
Bigamy
Obscenity

11. 4-1 Criminal Law
Business Related Crimes White-Collar Crimes- do not involve force or violence and do not cause physical injury to people or physical damage to property.

12. Business Related Crimes
4-1 Criminal Law
Business Related Crimes
Larceny (theft) – the wrongful taking of money or personal property belonging to someone else, with intent to deprive the owner of it.
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 to a crime.

13. Business Related Crimes
4-1 Criminal Law
Business Related Crimes
Receiving Stolen Property
Knowingly receiving stolen property – fence (one who receives stolen property)
False Pretenses
Obtains money (property) by lying about a past or existing fact (type of fraud)
Forgery
Falsely making or materially altering a writing to defraud another (usually a felony)
Bribery
soliciting or accepting the bribe is also a crime

14. Business Related Crimes
4-1 Criminal Law
Business Related Crimes
Computer Crime
Computer Fraud and Abuse Act
Extortion
Blackmail – obtaining money (property) from a person by wrongful use of force, fear, or the power of office.
Conspiracy
An agreement between two or more persons to commit a crime.
Arson
The willful and illegal burning or exploding of a building.

15. 4-2 Criminal Procedures Rights of the Accused The right to due process
Fair procedures during an investigation & in court
Probable cause – a reasonable ground for belief
The right of the accused to be represented by a lawyer
The state will provide one if you cannot afford one
Trial by jury
Can be requested by either the prosecutor or defendant

16. 4-2 Criminal Procedures
Rights of the Accused

17. Responsibility for the Criminal Conduct of Others
4-2 Criminal Procedures
Responsibility for the Criminal Conduct of Others
A person knowingly aids another in the commission of a crime also is guilty of criminal wrongdoing

18. Defenses to Criminal Charges
4-2 Criminal Procedures
Defenses to Criminal Charges
Defense – a legal position taken by an accused to defeat the charges against him or her.
Procedural Defenses
Substantive Defenses

19. Defenses to Criminal Charges
4-2 Criminal Procedures
Defenses to Criminal Charges
Procedural Defenses
Based on problems with the way evidence is obtained or the way an accused person is arrested, questioned, tried, or punished.
Ignorance of the law is not a defense.

20. Defenses to Criminal Charges
4-2 Criminal Procedures
Defenses to Criminal Charges
Substantive Defenses
Disprove, justify, or excuse the alleged crime.
Discredit the facts that the state sought to establish.
Self defense – the use of force that appears to be reasonably necessary to the victim to prevent death, serious bodily harm, rape, or kidnapping.
This defense extends to members of one’s family and household and to others whom one has a legal duty to protect
Only non-deadly force may be used to protect or recover property.
You may not shoot a thief who is escaping with stolen property
Insanity – Because of a verifiable mental disease or defect, the accused does not know the difference between right and wrong.
Immunity – freedom from prosecution even when one has committed the crime charged.
In exchange for testimony
Given to reluctant witnesses to remove the privilege of self-incrimination

21. Defenses to Criminal Charges
4-2 Criminal Procedures
Defenses to Criminal Charges
Substantive Defenses
Contempt of court – action that hinders administration of justice
Punishable by imprisonment
Example: A witness who refuses to testify after the grant of immunity
Punishment – A penalty provided by law and imposed by courts
Purpose is to discipline the wrongdoer and deter others from similar behavior
8th Amendment – prohibitions against excessive bail and fines and inflicting cruel and unusual punishment.
Plea Bargain – an accused person may agree to plead guilty to a less serious crime in exchange for having a more serious crime dropped
The accused gives up all rights to a public trial
Must be approved by the judge

22. Pre-trial Criminal Procedure
4-2 Criminal Procedures
Pre-trial Criminal Procedure
Indictment – a written accusation declaring that there is sufficient evidence to try an identified individual for a specific crime
A grand jury (between people) is selected to hear, in secret, the evidence of alleged crimes submitted by the prosecutor.
Arraignment – A proceeding before the court during which the formal charges are read.
Preliminary hearing – If the plea is not guilty, the defendant may request this hearing, at which the evidence against him will be presented to the court to determine if there is sufficient cause to hold a trial.
Bail – The sum of money or property deposited or pledged to guarantee that the arrested person will appear in court.
Bail bond agent – puts up your bail for a fee (usually 10%)
If the accused does not appear for court – the bail if forfeited to the state
ROR – Released on your own recognizance

23. 4-2 Criminal Procedures Preparation for Trial Private investigators
Supporting documents
Witnesses to the crime
Subpoena – A command to an individual to appear and testify or produce documents or other evidence
Failure to comply is a type of contempt of court

24. 4-2 Criminal Procedures Procedure at Trial
Issues of fact are determined by a jury (judge if there is a bench trial)
Issues of law are always decided by a judge
Jury selection (registered voters, drivers, tax payers)
The preliminary exam of potential jurors is known as voir dire.
Challenge for good cause (ties through, marriage or employment)
Preemptory challenges – dismissed without having to state cause (limited number)

25. 4-2 Criminal Procedures Procedure at Trial
Opening statement - Briefly outlines each side’s case as to what will be proved by the evidence they intent to offer.
Evidence - Anything that provides information used to prove or disprove the alleged facts.
Testimony – evidentiary statements made by witnesses in court under oath.
direct examination – the side calling the witness (prosecution or defense)
cross examination – the opposing side may question the witness.
redirect exam – the calling side has an opportunity to counter some questions raised on cross. This may be followed by a recross.
physical evidence: written documents, records, charts, weapons, photographs, or other objects.

26. 4-2 Criminal Procedures
Procedure at Trial
After closing remarks the jury will be instructed that the evidence must show beyond a reasonable doubt in order to convict.
The decision of the jury on the issue of fact is the verdict.
If a unanimous verdict of “guilty” or “not guilty” cannot be obtained after considerable deliberations, the jury is considered to be a hung jury.
Not Guilty – the accused is set free and may not be tried again.

27. 4-2 Criminal Procedures Guilty sentencing hearing sentencing
Procedure at Trial
Guilty sentencing hearing
victim’s statements may be read
statements from the victim’s family may be read
sentencing
incarceration and/or fine
probation