1. 5-1 Criminal Law 5-2 Criminal Procedure
CHAPTER 5
Lessons
Our Criminal Laws
5-1 Criminal Law
5-2 Criminal Procedure
Chapter 5

2. Criminal Law GOALS LESSON 5-1
CHAPTER 5
9/21/2018
LESSON 5-1
Criminal Law
GOALS
Define the elements present in all crimes
Describe crimes that commonly occur in the business environment
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3. ELEMENTS OF A CRIME A crime is a punishable offense against society.
Victims of a crime can also sue the criminal for damages but rarely do because few criminals can pay the damages.
Before anyone can be convicted of a crime, 3 elements usually must be proved.
Duty, Violation of the duty, Criminal intent

4. Citizen Conduct (Duty)
Laws prohibit certain behavior/conduct. It is the citizens duty to know and obey the law.
To establish the duty element in court, a prosecutor will state the law to the court.
Is there a law against laser pointing in Arizona?
Example state law – Assault

5. Violation of the Duty Criminal Act—The breach of duty
The specific conduct that violates the statute.
Did your actions cause a breach of duty. In other words, did you break the law?
The prosecutor must submit evidence and call witnesses to prove your actions were a criminal act (breach of duty).
Battery is a crime (physically harming another). In this type of case, how would a prosecutor try to prove the actions of the defendant?

6. Criminal Intent Intent must be proved in most cases.
Did the defendant intend to commit the act?
Did they intend to do evil.
You are playing basketball and your elbow smashes the nose of an opposing player. Have you committed a crime? Is there intent?
How can criminal intent be proven in court? Do accidents happen? Which are acceptable and not?

7. Hot Debate Question
Emily’s father and mother both developed cancer due to hazardous and toxic materials illegally dumped in their water supply by the Northside Chemical Company. When Northside was able to avoid liability for its actions, Emily went to work for them under an assumed name. Five years later, she was discovered to have embezzled more than $1million from the company and given it all to various charities aiding the victims of environmental pollution. Your friend Bill says Emily is a heroine and should not be punished for her crime.

8. Corporations & Criminal Intent
Can businesses break the law? If so, how?
What’s Your Verdict on page 77
What’s the duty, violation of duty and criminal intent?
What crime is this?
Corporations have 2 issues regarding criminal intent:
Can a corporation commit crimes like a human can?
Yes, if an employee has criminal intent, the court usually finds the corporation to have criminal intent. Especially if the organization benefits from the actions

9. Corporations and Criminal Intent
Vicarious Criminal Liability--Substituted
Do you think corporate officers should be held responsible for employee actions? Why or why not?
This doctrine states that officers can be held criminally liable for employee actions.
CEO knows his plant has bad working conditions. A manager fails to take safety pre-cautions and an employee is killed on the job. Who is responsible?
Peanut CEO

10. Criminal Intent of Minors
Criminal intent is also related to age
Typically must be proven.
Reasoning: Did they understand right/wrong
Most states say that minors as young as 7 can be tried as adults for serious crimes.
AZ news story
At what age should an adolescent be charged as an adult?
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11. Criminal Intent and Mental Capacity
Reasoning: Did they understand right/wrong
One must have sufficient mental capacity. Insane persons are not held responsible for their criminal acts.
Drugs and alcohol are not a sufficient defense.
Is ignorance a good defense in court?
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12. Sleepwalking as a Defense…
7 cases that invoked the sleepwalking defense (history).
Internet Link
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13. 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.
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14. EXAMPLES OF FELONIES Arson Burglary Embezzlement Forgery Kidnapping
Murder
Perjury
Rape
Robbery
Theft of large sums
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15. MISDEMEANOR
A misdemeanor is a less serious crime. It is usually punishable by confinement in a county or city jail for less than one year, by fine, or both.
Examples of misdemeanors include disorderly conduct and speeding
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16. Bell Work 4/2/12
What 3 elements must be proven in court to convict a defendant of a crime?
Is there an age limit to charging someone with a crime?
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17. White Collar Crime Offenses committed in the business world.
No physical harm is caused &no violence occurs.
Examples?
Evading income taxes
Defrauding consumers
False Advertising
Bribery
Conspiring to Fix Prices (any you can think of?)
Political corruption or embezzlement
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18. Anti-Trust Laws
Set the expectations for behavior of companies when competing against each other. (rules of the game)
No price fixing, etc.
These laws aim to dissuade White Collar Crime.
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19. Bell Work
Explain how the Madoff ponzi scheme changed people’s lives. Think about clients (investors), employees, other companies and Americans as a whole.
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20. INFRACTION Some states classify lesser misdemeanors as infractions.
A person convicted of an infraction can only be fined.
Because there is no risk of being jailed, the defendant is not entitled to a jury trial.
Examples include littering and parking violations.
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21. Crime in Arizona
Crimes Map
Crimes Report
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22. CRIMINAL CONDUCT Criminal conduct may be classified as follows:
Crimes against a person
Crimes against property
Crimes against the government and administration of justice
Crimes against public peace and order
Crimes against realty
Crimes against consumers
Crimes against decency
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23. EXAMPLES OF CRIMES AGAINST A PERSON
Assault and battery
Kidnapping
Murder – arizona 8 year old kills father
Rape
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24. EXAMPLES OF CRIMES AGAINST PROPERTY
Embezzlement
Theft
Robbery
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25. EXAMPLES OF CRIMES AGAINST THE GOVERNMENT AND ADMINISTRATION OF JUSTICE
Perjury
Tax evasion
Treason
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26. EXAMPLES OF CRIMES AGAINST PUBLIC PEACE AND ORDER
Disorderly conduct
Illegal speeding
Rioting
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27. EXAMPLES OF CRIMES AGAINST REALTY
Arson
Burglary
Criminal trespass
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28. EXAMPLES OF CRIMES AGAINST CONSUMERS
Fraudulent sale of securities
Violation of pure food and drug laws
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29. EXAMPLES OF CRIMES AGAINST DECENCY
Bigamy
Obscenity
Prostitution
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30. CLASSIFICATION OF CRIMES
Felony
Misdemeanor
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31. BUSINESS-RELATED CRIMES
Larceny
Receiving stolen property
False pretenses
Forgery
Bribery
Computer crime
Extortion
Conspiracy
Arson
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32. Criminal Procedure GOALS LESSON 5-2
Know the rights a person has when arrested
Recognize a person’s potential criminal liability for the actions of others
Understand the justifiability of the common defenses to criminal charges
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33. RIGHTS AND RESPONSIBILITIES
Rights when arrested
Due process – individuals right to fair procedures during an investigation and in court.
Right to representation by a lawyer
Individuals do not have testify against themselves
Right to cross-examine witnesses
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34. RIGHTS AND RESPONSIBILITIES
Responsibility for the criminal conduct of others
Individuals are considered an accomplice if they aid in a crime. For example, acting as a lookout during a burglary (or getaway driver).
In most states, if a death occurs during a felony (robbery, etc.), then all involved are charged with murder.
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35. DEFENSES TO CRIMINAL CHARGES
Procedural defenses are based on:
Problems with how evidence is obtained
The way a person is arrested, questioned, tried or punished
Examples:
Individuals who are threatened into signing a confession or a violation of Miranda Rights
Ignorance to the law is not a valid defense.
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36. DEFENSES TO CRIMINAL CHARGES
Substantive defenses disprove, justify or excuse the alleged crime.
Examples:
Alibi – proof you were not present during the crime
Self defense – may not be used if it is not necessary
Insanity – must prove they don’t know right from wrong
Immunity – testify against alleged criminals
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37. PUNISHMENTS FOR CRIMES
Contempt of Court – can be issued if an individual does not testify and can be punished by imprisonment.
A penalty provided by law and imposed by a court is called a punishment.
The purpose is not to remedy the wrong but rather to discipline the wrongdoer.
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38. PLEA BARGAINING
Plea bargaining is when an accused person agrees to plead guilty to a less serious crime in exchange for having a more serious charge dropped.
When plea bargaining the accused gives up the right to a public trial to avoid the risk of greater penalty if convicted.
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