1. V. Criminal Law Chapter 5 Criminal Law Lesson Objectives
12/8/2018
Lesson 5
BHS Law Related Education Law I
Chapter 5 Criminal Law
V. Criminal Law
Lesson Objectives
Define the Elements Present in All Crimes.
Analyze and Comprehend the Classification of Criminal Conduct and Crimes. White Collar Crime v. Blue Collar Crime.
Analyze and Define Vicarious Criminal Liability Host and Corporate Liability.
Criminal Procedure.

2. CHAPTER 1
12/8/2018
Lesson 5
BHS Law Related Education Law I
Chapter 5 Criminal Law
A. Elements of a Crime
Before a person can be convicted of a crime, three elements must be proved at trial; (Please read Problem 21 on page 85)
a) Duty
b) Violation of the Duty
c) Criminal Intent

3. Duty A. Elements of a Crime
CHAPTER 1
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Lesson 5
Slide 3
BHS Law Related Education Law I
Chapter 5 Criminal Law
A. Elements of a Crime
Duty
A responsibility to do or not do something that is usually stated in a statute or ordinance.
(What was the duty in Paula’s case?)
To establish the duty at trial the prosecutor will cite the statute or ordinance violated by the defendant.
(Fraudulent Scheme -an illegal enterprise (such as extortion or fraud or drug dealing) carried on for profit. 3

4. Violation of the Duty A. Elements of a Crime
CHAPTER 1
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Lesson 5
Slide 4
BHS Law Related Education Law I
Chapter 5 Criminal Law
A. Elements of a Crime
Violation of the Duty
An act or failure to act that violates the duty established by the statute or ordinance.
(Did Paula violate the duty?)
The specific conduct that violates the statute or ordinance is considered the criminal act. 4

5. Criminal Intent A. Elements of a Crime
CHAPTER 1
12/8/2018
Lesson 5
Slide 5
BHS Law Related Education Law I
Chapter 5 Criminal Law
A. Elements of a Crime
Criminal Intent
Criminal intent refers to the defendant’s state of mind (mens rea) at the time an act is carried out.
To form criminal intent a person must have the mental capacity to know the difference between right and wrong. 5

6. A. Elements of a Crime Chapter 5 Criminal Law Criminal Intent
12/8/2018
Lesson 5
Slide 6
BHS Law Related Education Law I
Chapter 5 Criminal Law
A. Elements of a Crime
Criminal Intent
An exception to the element of criminal intent is where a person acts with extreme carelessness or recklessness.
Proving extreme carelessness or recklessness replaces the element of intent.
The following analysis will help determine if there was criminal intent;
Was the act or actions intentional or reckless/careless?
Were there illegal consequences of that act or actions? 6

7. B. Classification of Crimes
CHAPTER 1
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Lesson 5
Slide 7
BHS Law Related Education Law I
Chapter 5 Criminal Law
B. Classification of Crimes
A crime is classified as either a;
Misdemeanor-a less serious crime usually punishable by confinement in a county or city jail for less than one year, by fine, or both.
Felony-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. 7

8. 3. Blue Collar v. White Collar Crime
CHAPTER 1
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Lesson 5
Slide 9
BHS Law Related Education Law I
Chapter 5 Criminal Law
3. Blue Collar v. White Collar Crime
White Collar Crime-a generic term for crimes involving dishonest business practices. (Commercial fraud, cheating consumers, swindles, insider trading on the stock market, embezzlement)
The term comes from the out-of-date assumption that business executives wear white shirts with ties. It also distinguishes these crimes and criminals from physical crimes, supposedly likely to be committed by "blue collar" workers. 8

9. C. Vicarious Criminal Liability
CHAPTER 1
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Lesson 5
Slide 8
BHS Law Related Education Law I
Chapter 5 Criminal Law
C. Vicarious Criminal Liability
The legal doctrine of Vicarious Criminal Liability holds one person responsible for the criminal conduct of another.
Examples include;
Host liability
Corporate liability 9

10. CHAPTER 1
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Lesson 5
Slide 10
BHS Law Related Education Law I
Chapter 5 Criminal Law
D. Criminal Procedure
Burden of Proof-Under the U.S. criminal justice system, the defendant is presumed to be innocent unless and until the State has proven guilt “beyond a reasonable doubt.”
Reasonable doubt is an honest and reasonable uncertainty as to the guilt of the defendant after a full, fair and impartial consideration to all of the evidence. 10

11. D. Criminal Procedure Chapter 5 Criminal Law
12/8/2018
Lesson 5
Slide 10
BHS Law Related Education Law I
Chapter 5 Criminal Law
D. Criminal Procedure
Under the Constitution persons accused of a crime have rights.
Right of Due Process-(5th & 14th Amend.)
Right to trial by jury-(6th Amend.)
Right to assistance of counsel-(6th Amend.)
May not be compelled to testify against themselves. (5th Amend.) 11

12. D. Criminal Procedure Defenses to Criminal Charges
CHAPTER 1
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Lesson 5
Slide 11
BHS Law Related Education Law I
Chapter 5 Criminal Law
D. Criminal Procedure
Defenses to Criminal Charges
Procedural Defenses
Problems with the way evidence is obtained.
Problems stemming from the way a person is arrested, questioned, tried or punished.
Substantive Defenses
disprove, justify or excuse criminal behavior.
Examples: Self defense, insanity, and immunity. 12

13. D. Criminal Procedure Plea Bargaining Chapter 5 Criminal Law
12/8/2018
Lesson 5
Slide 12
BHS Law Related Education Law I
Chapter 5 Criminal Law
D. Criminal Procedure
Plea Bargaining
The accused may plead guilty to a less serious crime in exchange for having a more serious charge dropped.
Plea bargaining is a useful case management tool for the criminal courts to manage backlog. 13