1. CHAPTER 5 Crimes

2.  Civil Crimes – individual v individual  Criminal Crimes – individual v society  Crimes is a punishable offense against society in order to protect society  Elements of criminal acts:  Whether you were aware of your duty to do or not to do a certain thing  Whether you performed an act or omission in violation of that duty  Whether or not you had criminal intent  IT IS EVERYONE’S DUTY TO KNOW THE LAW !

3. Felonies, Misdemeanors, Infractions  FELONY  Most serious crimes, punishable by death or imprisonment for 1 year or more  Different classes of felonies – Class X, Class 2, etc.  MISDEMEANORS  Less serious crimes –  Different classes - Class A, etc.  Results in fine or imprisonment for less than 1 year misdemeanors  INFRACTIONS (aka, Petty Offenses)  Most minor crimes, such as traffic offenses  Either fined, ticketed, brief jail sentence

4. Crimes  2 elements must exist to be convicted of a crime:  Must have INTENT  Actually must occur  Criminal Intent – knowingly and purposely intending to commit a crime - this must be proven  Defendant intended to commit the act and to do evil  Age is a factor: Over age 14 - presumed capable of recognizing the difference between right/wrong and can be held accountable as adults  Most states have fixed criminal liability at 18  Vicarious Criminal Liability  When someone else can be held criminally liable for the acts of another  i.e., parents held responsible for actions of their children

5. Crime Vocabulary  Theft – taking another person’s property  Motive – reason behind criminal act, but not an element in determining if a crime was committed  Criminal Solicitation – requesting or encouraging another to commit a crime  Conspiracy – plan by 2 or more to commit an illegal act/crime  Alibi– accused was someplace else at the time of the crime

6. Crime Vocab Continued  Infancy – children under 7 years of age incapable of committing a crime  Do they know the difference between right/wrong?  Intoxication – under influence of either drugs or alcohol  Insanity – mental illness/disability that makes a person incapable of forming criminal intent  Consent – voluntary agreement to a proposition/act of another

7. Crime Vocab Continued  Duress – threat causing another person to perform and act that he/she wouldn’t otherwise perform  i.e., club initiations  Self-Defense – right to protect yourself from criminal conduct of others  Can only use amount of force necessary to detain  Entrapment - police officer or public official suggesting or encouraging a crime  Forgery – false/unauthorized signing of document, false making of a document with the intent to defraud  i.e., fake ID’s  Burglary – unlawful entry into building with intent to commit a crime

8. Crime Vocab Continued  Robbery – forceful (weapon, hitting, etc) taking of property of another  Assault – threatened use of immediate force against another  Battery – physical contact  Larceny (theft) – wrongful taking of another’s property  Shoplifting – taking property from a retail store without paying for it.  Felony or misdemeanor depends on amount stolen.

9. Crime Vocab Continued  Embezzlement – employee that steals from a company  Arson – willful and malicious burning of a building  Bribery – offering, requesting, or receiving anything of value with the aim of influencing a public official  Perjury – lying under oath  Arraignment – before a trial, judge only – plead guilty/not guilty, charges stated, plea bargain  Indictment – formal accusation of a crime by grand jury (serious crime) or prosecutor

10. White Collar Crimes  Businesses are subject to general criminal law not paying income taxes, stock fraud, etc  RIGHTS OF THE ACCUSED: Constitution provides Due Process – fair procedures Probable Cause Reasonable Suspicion  A person who knowingly aids another in the commission of a crime also is guilty of criminal wrongdoing  Vicarious Liability company’s liable for the acts of their employees (McDonald’s strip search lawsuit)

11. The Praying Robber on Oprah  Oprah Clip Oprah Clip  Read the article from Oprah.com  Assignment: Complete a reflection piece relating the crime to the punishment. Utilize terms we have learned in this chapter.