1. Criminal Law & Procedure Chapter 4
Lesson 4-1 Criminal Law
Lesson 4-2 Criminal Procedure

2. Lesson 4-1 Criminal Law GOALS
Understand the 3 elements that make up a criminal act,
Classify crimes according to the severity of their potential sentences,
Identify types of crimes that affect business

3. What Are Crimes? Crime – a punishable offense against Society.
When crime occurs, Society – acting through police & prosecutors – attempts to Identify, Arrest, Prosecute, and Punish the criminal.
Designed to Protect Society, not the victim.
For most crimes, victim can sue criminals for civil damages; however, few criminals have the ability to pay judgments.
Crimes are defined by Statute, (laws enacted by s/f legislatures).
Statutes tell us what conduct is prohibited.

4. Duty - to do or not to do a certain thing,
Before anyone can be convicted of a crime, 3 Elements usually must be proved at trial: a Duty, Breach of Duty, & Criminal Intent.
Duty - to do or not to do a certain thing,
State Statutes prohibit certain conduct, described duty.
To establish duty in trial, the Prosecutor cites a statute to judge.
An act or omission in Violation of that Duty (Breach of Duty),
The specific conduct that violates the statute – the Criminal Act.
Criminal Intent
Must be proved in most cases.
Means the defendant (1) intended to commit the act, and (2) intended to do evil

5. More… Criminal Intent the Doctrine of Vicarious Criminal Liability.
Criminal Intent creates 2 issues for Corporations:
1) A Corporation CAN form criminal intent the way humans can.
If corporation’s employees have criminal intent, their employer may be judged to have it.
Ex: Doing assigned duties, and criminal act benefits the organization.
2) Corporate Officers can be held criminally responsible when a
corporate employee commits a crime. Held criminally liable under -
the Doctrine of Vicarious Criminal Liability.
(Vicarious means Substituted)
The criminal intent of the employee is used as a substitute for the
requirement of criminal intent for an officer.

6. More… Criminal Intent AGE …
Under early common law children under age of 7 were considered to be below the age of reason (incapable of having criminal intent).
TODAY – statues in most states fix the age of criminal liability at 18.
State statutes provide that minors as young as 7 may be tried and punished as adults if they are accused of serious crimes.
– A Crime for an Adult, is JUVENILE DELINQUENCY for a Minor -

7. Mental Capacity
MENTAL CAPACITY…
to have criminal intent, one must have sufficient mental capacity. (to know the difference between right and wrong)
Insane persons – Not held responsible for their criminal acts.
Voluntary Intoxication /Drugs – ARE responsible for their criminal acts.

8. Some Crimes Do Not Require the Element of Criminal Intent…
For less serious offenses, where being sentenced to jail is unlikely, CI is Not Required.
Example – Traffic Offenses – speeding
Actions involving Extreme Carelessness.
Conduct was so careless that courts treat it the same as CI.

9. Classification of CRIMES
FELONY –crime punishable by Confinement for More than 1 year in a State Prison, or by a Fine of More than $1,000 or both, - or even Death
Ex: Murder, Kidnapping, Arson, Rape, Robbery, Burglary, Embezzlement, Forgery, Theft of large sums, Perjury
MISDEMEANOR –
Less serious crime, usually punishable by Confinement for less than 1 year, in a county/city jail, by fine, or both
Ex: disorderly conduct, speeding
INFRACTION –
Lesser misdemeanor,
Can only be Fined, No risk of being jailed

10. Criminal Conduct may be classified in various ways
Crimes against a PERSON – Assault, Battery, Hate Crime, Kidnapping, Murder
Crimes against PROPERTY – Theft, Robbery, Embezzlement
Crimes against the Government & Administration of Justice –
Treason, Tax Evasion, Perjury
Crimes against PUBLIC PEACE & ORDER – Rioting, Disorderly Conduct, Illegal Speeding
Crimes against REALTY – Burglary, Arson, Criminal Trespass
Crimes against CONSUMERS – Fraudulent Sale of Securities, Violation of Pure Food & Drug Laws
Crimes against DECENCY – Bigamy, Obscenity, Prostitution

11. Business Related Crimes…
White Collar Crimes – offenses committed in the business world.
These crimes do not involve force or violence, do not cause physical injury to people, &
do not cause physical damage to property.
Because physical violence is not involved, courts tend to be more lenient with white-collar criminals.
Punishments usually include fines or short prison sentences.
Examples – Internet fraud, stolen pin #’s, Identity Theft, evading income taxes, defrauding consumers, conspiring to fix prices, making false fire/auto insurance claims, false advertising, bribery, & embezzling
Antitrust Laws – laws that state competing companies may not cooperate in fixing prices or divide sales regions.
Require businesses to compete with one another.

12. More Common Business-Related Crimes…
LARCENY - theft, the wrongful taking of money or personal property belonging to someone else, w/ intent to deprive the owner of possession.
Robbery – variation, the taking of property from another’s person or immediate presence, against the victim’s will, by force or by causing fear.
Burglary – variation, entering a building without permission when intending to commit a crime.
Other types of larceny – shoplifting, pickpocketing, purse snatching.
May either be a Felony or Misdemeanor.
Determined by value of property stolen & other circumstances.
Robbery & Burglary – are always Felonies
A thief who sells stolen goods - guilty of a separate crime of selling stolen property.

13. More Common Business-Related Crimes…
RECEIVING STOLEN PROPERTY – knowingly receiving stolen property consists of either receiving or buying property known to be stolen, with intent to deprive the rightful owner of the property.
One who receives stolen property is known as a Fence.
FALSE PRETENSES – obtaining money or other property by lying about a past or existing fact. Victim parts w/ property voluntarily.
type of fraud
FORGERY – falsely making or materially altering a writing to defraud another.
Most common forgeries – found on checks

14. More Common Business-Related Crimes…
BRIBERY– unlawfully offering or giving anything of value to influence performance of an official.
COMPUTER CRIME– cybercrime, refers to any crime that involves a computer and a network.
EXTORTION – blackmail, obtaining money or other property from a person by wrongful use of force, fear, or the power of office.
CONSPIRACY – an agreement between 2 or more persons to commit a crime.
usually a secret agreement, & separate crime from the crime parties planned to commit.
ARSON – is the willful and illegal burning of a building

15. Lesson 4-2 Criminal Procedure GOALS
Know the rights individuals have when arrested and their potential criminal liability for the actions of others,
Name and describe the two types of defenses to criminal charges,
Understand appropriate punishments for crimes,

16. Rights & Responsibilities
One of the major objectives of the Constitution of the U.S. is to Protect Individuals from certain actions of the federal government. The authors of the Constitution believed it was better for our society to give Individuals too much liberty than to allow government too much power. In this country, people suspected or accused of criminal conduct have rights that are not available in many other countries.

17. Rights When ARRESTED: The constitutional right to due process requires
fundamental fairness in governmental actions.
It requires fair procedures during an investigation and in court.
C/defendants may not be compelled to testify against themselves,
Right to cross-examine witnesses,
Right to be represented by a lawyer,
To be convicted, evidence must establish guilt with proof beyond a reasonable doubt,
Right to a trial by jury
(in jury trials, defendant is found guilty only if All jurors vote to convict.)

18. Responsibility for the Criminal Conduct of Others
A person who Plans and/or Aids,
(an Accomplice) can also be
Guilty of same crime,
Corporations/Officers can be held Vicariously liable for conduct of employees/managers,

19. DEFENSES to Criminal Charges
The state must prove that
defendant is
Guilty beyond a Reasonable Doubt
But…
Defendant may escape criminal liability by establishing a defense.
2 types of defenses: Procedural & Substantive

20. Based on PROBLEMS with the way evidence is obtained or
PROCEDURAL Defense
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.
The legal system assumes that everyone knows the law.

21. Miranda v. Arizona Case…
Specific Miranda warnings include the following:
You have the right to remain silent,
Anything you say can and will be used against you in a court of law,
You have the right to talk to a lawyer and have him present
with you during questioning,
If you cannot afford a lawyer, one will be appointed to represent you,
if you wish..
Intelligent Waiver:
Do you understand each of these rights as I have explained them to you?
Having these rights in mind, do you wish to talk to us now?

22. SUBSTANTIVE Defenses
Disprove, Justify, or Excuse the alleged crime. Most substantive defenses discredit the facts. Examples: Self-defense, Criminal Insanity, & Immunity

23. Examples of Substantive Defenses
Self-Defense – use of force that appears to be reasonably necessary to victim to prevent death, serious bodily harm, rape or kidnapping.
You may not use deadly force if non-deadly force appears reasonably sufficient.
Only non-deadly force may be used to protect or recover property.
Criminal Insanity – exists when accused does not know difference between right and wrong.
Immunity – freedom from prosecution even when one has committed crime charged.
Government can grant immunity to a reluctant witness to remove the privilege against self incrimination.
A witness who refuses to testify after the grant of immunity is in contempt of court (action that hinders the administration of justice)

24. Self-Defense… (complicated & defendant must be able to prove that he had a “Reasonable Belief” that his life was in danger at that moment…)
CASTLE DOCTRINE – law in PA, provision: “Stand your ground” In PA you have the right to use reasonable force to protect yourself/family in any place in which lawfully present. No duty to retreat an attacker if in situation of immediate death/serious injury.
MAKE MY DAY – a law passed in Oklahoma in the late 1980’s, is credited with cutting burglaries in that state in half since its passage. The law was enacted after 66 year-old Dr. Frank Sommer was charged with a criminal act for shooting a burglar in his own home. The state senator who sponsored the law said that its purpose is to protect the victim of crime who defends his home and his family against unlawful intrusion from any criminal prosecution or civil action.

25. PUNISHMENTS for Crimes
Punishment – any penalty provided by law and imposed by a court.
PURPOSE – is NOT to remedy the wrong, but rather to Discipline the Wrongdoer.
Plea Bargaining - when an accused person agrees to plead guilty to a less serious crime in exchange for having a more serious crime dropped.
The accused voluntarily gives up the right to a public trial to avoid the risk of a greater penalty if convicted.