1. Crimes and Criminal Behavior

2. Crimes

3. Crimes
fundamental characteristic of crime is that it is a punishable offense against society
society - acting through police and prosecutors
attempt to identify
arrest
prosecute
punish the criminal

4. Crimes
society's chosen representatives determine what actions to take against person who committed the crime
Victims, as individuals, can sue the perpetrator in civil court for damages
however, few criminals have the abilities to pay judgements

5. Crimes Crimes should be carefully defined by statute
a well worded criminal statute clearly and specifically
defines the behavior it prohibits
does not interfere with protected individual rights

6. Elements of Criminal Acts

7. Criminal Behavior
Prosecution must prove 3 elements regarding alleged criminal behavior
whether you had a duty imposed by criminal statute to do or not do a certain thing
whether you performed an act or omission in violation of that duty
whether or not you had a criminal intent in so doing

8. Duty to conform his or her conduct to the law's requirements
prosecutor cites to the judge a statute that prescribes the duty owed in the case at hand

9. Duty
Violation of the Duty - (breach of duty) - the specific conduct of the defendant that violates the statute
could be proved in the trial by the testimony of a witness who saw the defendant commit the crime

10. Criminal Intent
the defendant intended to commit the specific act or omission.
must be proven
intent and motive are separate
intent refers to the state of mind that must be present concurrently with the alleged criminal act
motive refers to what specifically drives a person to act

11. Discuss What’s Your Verdict?

12. Embezzlement
taking another person's property or money by a person to whom it had been entrusted
act could be proven with the documentation from the new system and the testimony of investigators.

13. Criminal Acts Related to Corporations
Criminal intent creates two issues related to corporations.
can corporations form criminal intent the way individuals can?
If corporation's employees have criminal intent, their employer can be judged to have criminal intent
if employees were doing their assigned duties and the criminal act benefits the company, organization had criminal intent.

14. Criminal Acts Related to Corporations
when a corporate employee commits a crime, can officers of the company be held criminally responsible?
officers will be held criminally liable under the doctrine of Vicarious Criminal Liability.
vicarious = substituted

15. Criminal Acts Related to Age
Criminal intent related to age
ORIGINALLY
children under the age of 7 considered incapable of forming criminal intent.
children over the age of 14 were presumed capable of forming criminal intent as they can recognize difference between right and wrong
age ability had to be proved

16. Criminal Acts Related to Age
TODAY
criminal liability can begin as early as 16
some states still say minors as young as 7 may be tried and punished if accused of serious crimes and if proven capable of forming criminal intent can be tried as an adult.
if a minor - it is generally considered juvenile delinquency

17. Criminal Acts Related to Mental Capacity
Criminal intent related to mental capacity
if it is a medical related condition (insanity) cannot be held responsible
if it is voluntary (drinking or drug related) can be held responsible

18. Criminal Acts Related to Minor Crimes
Criminal intent related to minor crimes
some minor crimes do not have to have criminal intent
traffic violations (speeding without noticing how fast you were going)
extreme carelessness may be same as criminal intent
speeding through residential area while intoxicated and hit and killing someone (vehicular homicide)

19. Classification of Crimes

20. Crimes Identifying against whom or what they committed
felonies or misdemeanors - severity of potential sentences

21. Felony
crime punishable by confinement for more than 1 year in state prison, a fine of more than $1000, both, OR death penalty
Ex. murder, kidnapping, arson, rape, robbery, burglary, embezzlement, forgery, theft of large sums, and perjury
ALSO Hate Crimes (recently added) - Federal Crimes
originally passed in 1969 but amended in 2009
originally included crimes incited by race, color, religion, and national origins
now includes disability, sexual orientation, gender, and gender identity

22. Misdemeanor
crime punishable by confinement in a county or city jail for one year or less, fine of $1000 or less, or both
ex. disorderly conduct, speeding
Lesser misdemeanors are called infractions
only fines - no jail time
not entitled to jury trial since no jail time
ex. parking tickets and littering

23. Business Related Crimes

24. Business Related Crimes
business are subject to criminal law
AKA - White Collar Crime
do not involve physical injury to people or damage to property
ex. not paying income tax, stock fraud, using false weighing machines, conspiring to fix prices, making false insurance claims, engaging in false advertising, committing bribery, engaging in political corruption, and embezzling

25. Business Related Crimes
courts of more lenient with these crimes because no physical injury or damage
punishments are usually fines and short prison sentences
Antitrust laws - competing companies may not cooperate on fixing prices or in dividing sales regions

26. Discuss What’s Your Verdict

27. Larceny
wrongful taking of money or personal property belonging to someone else with intent of depriving owner of it (theft)
taking of property from another person against the victim's will by force or by causing fear (robbery)
entering a building without permission when intending to commit a crime (burglary)
other ex. shoplifting, pickpocketing, and purse snatching
felony or misdemeanor depending on value of property stolen
robbery and burglary are always felony
if stolen property is sold it is a separate crime - selling stolen property

28. Receiving Stolen Property
knowingly receiving or purchasing stolen property (person who receives property is known as a fence)

29. False Pretenses
obtaining money or other property by lying about a past or existing fact
type of fraud

30. Forgery
falsely making or materially altering a writing to defraud another
most commonly found on checks either by signing a check which is not theirs or changing amounts
usually a felony

31. Bribery
unlawfully offering or giving anything of value to influence performance of an official in carrying out their public duties
soliciting or accepting bribes is also criminal
if involving a non-government party - commercial bribery
Foreign Corrupt Practices Act of prohibits bribery in foreign countries by US Companies

32. Computer Crime
Computer Fraud and Abuse Act specifically targets computer related crimes
ex copy information from one computer to another
erasing information from a computer
credit card fraud

33. Extortion
obtaining money or other property from a person by wrongful use of force, fear, or power or office
AKA - blackmail

34. Conspiracy agreement between two or more persons to commit a crime
agreement is usually secret
conspiracy is a separate crime from the criminal act itself

35. Arson willful and illegal burning or exploding of a building
intentionally starting fire that damages or destroys a building or other property without owner's consent
if you burn your own property to defraud an insurance company