1. Criminal Law!

2. Aim: What are the different types of Crime?

3. Crime vs. Deviance
Deviance is behavior which goes against norms established by society.
Deviance is subjective.
Deviant acts are crimes only when a majority accepts that those acts should be punished.
Not all crimes are considered particularly deviant.
Criminal law defines acts the legislature has decided are so unacceptable, they must be prevented.

4. Types of Crimes Classified by seriousness Six general categories
Crimes against persons (violence)
Property crimes
Public order crimes
White collar crimes
Organized crimes
High-tech crimes

5. Violent Crimes Crimes against persons Four categories Murder
Sexual Assault
Assault and Battery
Robbery

6. Property Crimes Four categories Larceny/Theft Burglary
Most common crime
Four categories
Larceny/Theft
Burglary
Motor Vehicle Theft
Arson

7. Public Order Crimes Contrary to public values and morals
Public Intoxication
Prostitution
Drug Use
Linked to Consensus Model
Known as “victimless crimes”

8. White Collar Crime Business related crime
Non-violent illegal acts by a business or individual to obtain economic advantage
Examples
Martha Stewart
Enron

9. Organized Crime
Illegal acts by an organized group to satisfy society’s demand for certain goods and services.
Gambling
Prostitution
Illegal substances
Conspiratorial relationships
Criminal tactics used---violence, corruption, intimidation

10. Question?
Do we
have organized
crime in Oregon?

11. High-Tech Crime Internet---Site for cyber crime Selling pornography
Soliciting minors
Fraud (credit cards, identity theft)

12. Purpose of Criminal Justice System
“Criminal Justice system ‘protects individuals and the community.’”
1967 President’s Commission on Law Enforcement and Administration of Justice
Three general goals described:
Control crime
Prevent crime
Provide and maintain justice

13. Which of the following is a “crime” and why
Bob points a gun at Suzy and demands she give him all her money.
Yes it is a crime, robbery

14. Is It A Crime? You be the judge, Yo!
Jimmy approaches Suzy to rob her, but as Jimmy begins to pull his gun out of his pocket he drops it and runs away Yes attempted robbery. Why? Jimmy has taken a substantial step to rob Suzy

15. Is It A Crime? You be the judge, Yo!
Jimmy walks past Suzy and thinks to himself, “I sure would like to take all of Suzy’s cash, if I only had a gun.” No. Jimmy cant be punished for thoughts

16. STATE OF MIND & CRIMINAL ELEMENTS
State of Mind: -Almost all crimes require a “guilty state of mind” – Mens rea -Committing a crime is an ACT – actus reus = the action that is criminal

17. State of Mind
Guilty of state of mind is the level of awareness someone has when they commit a crime (intentionally, knowingly or recklessly)

18. Defined by OR law: Oregon Revised Statutes (ORS)
“Intentional / with intent” – person acts with a conscious objective to cause the result or engage in the conduct so described.
“Knowingly / with knowledge” – a person acts with an awareness that the conduct is illegal.
“Recklessly” – person is aware & disregards substantial risk that an illegal act will occure

19. State of mind is different than “motive”
Motive is the REASON a person commits an act
State of mind is the knowledge of your act
Ex Jimmy steals Suzy’s purse because he needs money to buy drugs
Motive: Needs $ to buy drugs
State of Mind: He intentionally stole the purse

20. There are crimes, “strict Liability” that do not require a guilty state of mind
Can you think of some
Ex: selling alcohol to a minor

21. Criminal Element Crimes are defined by “elements”
Each Element of a crime must proven to convict a person of a crime
Prosecutors must prove the state of mind and each element beyond a reasonable doubt to convict

22. Criminal Elements Robbery Elements: Burglary Elements:
Taking and carrying away goods or money
Taking from someone’s person
Use of force or intimidation
Burglary Elements:
Enter or remain in a building unlawfully
With the intent to commit a crime

23. Classes of Crimes
Felony: Crime where potential for imprisonment is more than a year
Misdemeanor: Crime where potential for imprisonment is less than a year
Both determine what type of punishment a criminal can get

24. Classes of Crime Robbery in OR First degree = 20 yrs in prison
Second degree = 10 yrs
Third degree = 5 yrs
*1st, 2nd and 3rd degree are all felonies
*Each state has different requirements for what degree a crime is.

25. In Oregon Robbery:
1st degree = use of deadly weapon or intending to cause serious harm
Ex pointing a gun at a bank teller
2nd degree = person claims they have a weapon
Ex Saying to teller you have a gun
3rd degree = person uses force or threat of force
Ex grab teller by the shirt and threaten

26. Activity
In pairs
For each crime listed on the handout identify each ELEMENT as an ACT or a STATE of MIND

27. Parties to Crime
When a crime is committed other people my get charged too.
Principal: The person who commits the crime
Mr Ackerman takes your cheetos. Ackerman is the principal

28. Parties to Crime Accomplice: someone who helps a person commit a crime
Ex you drive the getaway car after Ackerman takes the cheetos
*Accomplice may be convicted of the SAME crime as principal even though only drove the car.

29. Parties to Crime
Accessory Before the Fact: a person who orders a crime or helps the principal, but is not present during the crime
Ex the mastermind plans the robbery but does not go.
This person is usually charged with the same crime

30. Parties to Crime
Accessory After the Fact: person knows the crime took place but and help principal or accomplice avoid capture, escape or conceal crime
This person is not usually charged with the same crime but rather obstruction of justice
Why do we penalize those who help others commit crime?
Would penalizing only the principal help or hurt crime prevention?

31. Preliminary Crimes
Certain actions that take place BEFORE a criminal act are considered a crime
The idea is that this will help PREVENT crime.

32. Preliminary Acts
Solicitation: When a person commands or advises another to commit a crime
The crime does not have to occur to be found guilty.
Ex: Bob wants to kill Jane and asks Steve to do it for him for $100,000. Steve never does, but Bob is guilty of solicitation

33. Preliminary Crimes
Attempt: A person has the intent and taken steps towards committing a crime.
The crime does not have to occur BUT need intent and steps toward
This can be hard to prove. What IS a substantial step

34. Pete decides to kill Paul, he buys a gun on his way to Paul’s house and is pulled over & arrested for another crime.
Has Pete taken a substantial step toward murdering Paul?

35. Preliminary Crimes
Conspiracy: An agreement between two or more persons to commit a crime

36. Ex Sophia and Sara talk one night about how much they have Suzanna
Ex Sophia and Sara talk one night about how much they have Suzanna. They begin to make a plan to murder her and both agree to murder Suzanna tomorrow. They post their plans on the internet and the cops arrest them before the murder. Both are arrested for conspiracy

37. Did they take a substantial step?
Did the girls have to commit the crime to be guilty? No
Did they take a substantial step?
Yes, posted plans on the internet which was open to public view

38. Purpose of Criminal Justice System
“Criminal Justice system ‘protects individuals and the community.’”
1967 President’s Commission on Law Enforcement and Administration of Justice
Three general goals described:
Control crime
Prevent crime
Provide and maintain justice

39. Structure of the Criminal Justice System
Three parts of the Criminal Justice System:
Law Enforcement
The Courts
Corrections