1. Law For Business And Personal Use
Chapter 5 –
Our Criminal Laws

2. What Are Crimes? Offenses against society
State prosecutes – victim does not benefit directly
Victim can sue in civil court, but criminals are often judgment proof
Our Criminal Laws 2

3. What Are Crimes? 3 elements Duty to do (or not do) something
Act or omission in violation of duty
Criminal intent (not always necessary)
Intent to commit the act
Intent to do evil
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4. What Are Crimes? Overview of criminal conduct Crimes against persons
Assault, rape, etc.
Crimes against property
Embezzlement, theft, etc.
Crimes against the government and justice
Tax evasion, bribery, perjury, etc.
Our Criminal Laws 4

5. What Are Crimes? Overview of criminal conduct
Crimes against public peace and order
Rioting, drunk and disorderly conduct, etc.
Crimes against realty
Burglary, arson, etc.
Crimes against consumers
Violation of pure food and drug laws, etc.
Crimes against decency
Bigamy, obscenity, prostitution, etc.
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6. How Are Crimes Classified?
Felonies – serious crimes
Murder
Kidnapping
Arson
Rape
Robbery
Burglary
Home invasion
Embezzlement
Forgery
Theft of large sums
Perjury
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7. How Are Crimes Classified?
Misdemeanors – less serious crimes
Disorderly conduct
Speeding
Larceny of small sums
Infractions – lesser misdemeanors
Parking violations
Failing to clear snow from sidewalks
Littering
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8. What Are Business-Related Crimes?
Larceny – theft (taking property of another with intent to deprive the owner of possession)
Robbery – take from person by force or fear
Burglary – entering a building not open to the public with intent to commit a crime
Shoplifting, pickpocketing, purse snatching
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9. What Are Business-Related Crimes?
Receiving stolen property
Fence (knowingly)
False pretenses
Victim parts with property voluntarily
Forgery
Making or altering a document to defraud (must have intent)
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10. What Are Business-Related Crimes?
Bribery
Unlawfully offering or giving a government official anything to influence duty
Extortion (Blackmail)
Obtaining something by force, fear, or power of office
Conspiracy
Agreement to commit a crime
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11. What Are Business-Related Crimes?
Arson
Willful, illegal burning of a building
Selling and buying narcotics
Possession or offering to sell
Computer crime
Accessing, altering, damaging, or destroying without authorization
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12. What Rights Does A Person Have When Arrested?
Fair procedures during investigation and court
Due process
Don’t have to testify against oneself
Right to cross-examine witnesses
Representation by lawyer
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13. When Is One Party Responsible For The Criminal Conduct Of Another?
Plans crime
Lookout
Accomplice
Corporations
Vicarious criminal liability (substituted)
Criminal intent of employees is criminal intent of officers
Officers of corporation liable for actions of managers
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14. What Are Defenses To Criminal Charges?
Procedural defenses
Problems with way evidence is obtained
Problems with way arrested, questioned, tried, or punished
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15. What Are Defenses To Criminal Charges?
Substantive defenses
Disprove, justify or excuse alleged crime
Alibi
Somewhere else
Self-defense
Reasonable force against death, serious bodily harm, kidnapping, rape
Self
Family
Only nondeadly force can be used to protect or recover property
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16. What Are Defenses To Criminal Charges?
Substantive defenses (continued)
Disprove, justify or excuse alleged crime
Criminal insanity
Did not know act was wrong because of mental disease
Immunity
Freedom from prosecution
State’s evidence - testimony to convict accomplice
Plea bargaining - plead guilty to lesser crime
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17. What Are The Punishments For Crimes?
Felonies
Confinement in state prison more than one year
Execution
Misdemeanor
Confinement in county or city jail for less than one year
Fine
Both
Infractions
Fines only
Since not at risk of jail, not jury trial
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