1. Criminal Law & Criminal Procedure Chapter 5
Our Criminal Laws
Criminal Law & Criminal Procedure
Chapter 5

2. Section 5-1 Goals EXPLAIN THE ELEMENTS OF A CRIME
DESCRIBE THOSE CRIMES WHICH COMMONLY OCCUR IN THE BUSINESS ENVIRONMENT
IMPORTANT! IGNORANCE OF THE LAW IS NO EXCUSE TO BE RELIEVED OF A CRIME!

3. Criminal law Hot debate – pg 66 Emily vs. Northside Chemical Company
Discuss questions
Emily vs. Northside Chemical Company

4. What is a crime? Crime Civil offense
A punishable offense against society
Attempts to identify, arrest, prosecute or punish the criminal to protect society
Defined by statute
Civil offense
Offenses against a victim, not society
Victims can sue for civil damages
Most crimes-the criminal has very little money to sue for…

5. 3 Elements of a Crime A duty to do or not do a certain thing
Usually described by state statutes
An act or omission in violation of that duty
Criminal Act- specific conduct that violates a duty
Criminal Intent
Intent to commit the act
Intent to do evil
MUST BE PROVED

6. 1. Duty Usually state statutes prohibit certain conduct
Occasionally federal statutes or city ordinances identify criminal behavior
Stealing from employer
Breaking into neighbors house

7. 2. Violation of the Duty Criminal Act Breach of duty
Specific conduct that violates statute
Breaches proven in trial
Example:
Sue stole money from employer; Joe saw her and testified in court

8. 3. Criminal Intent Intent must be proven (most cases) Defendant
Intended to commit the act
Intended to do evil
Example:
Sue intentionally stole money from employer

9. Going back to Emily vs. Northside….. Did Emily commit a crime?
DID EMILY HAVE A DUTY?
DID SHE VIOLATE THAT DUTY?
DID SHE INTEND TO STEAL?

10. What’s your verdict? – Page 67
Statute defined
Duty?
Defined by statue?
Was there a violation of that duty?
Embezzlement
Criminal act of taking someone’s property or money by an entrusted person

11. Criminal Intent & Corporations
Employee criminal intent=Organization’s criminal intent
President of company is aware of dangerous working condition
Worker is killed because of working condition
President can be found guilty of crime
Vicarious Criminal Liability
Substitute – employee is used as a substitute

12. Other factors involving criminal intent
To have criminal intent, one must have sufficient mental capacity
Insanity – not mentally capable
Age
Under 7 considered below age of reason
Over 14 can be considered an adult
Over 14 knows the difference between right and wrong
7-14 intent & understanding must be proven
Drugs/alcohol- does not relieve criminal intent; done voluntarily

13. Criminal intent – cont. PLEASE ADD TO YOUR NOTES
Some crimes do not require the element of criminal intent
Example:
A driver speeding hit and killed someone
The intent was not there; however, could be convicted of vehicular homicide
Less serious crimes where jail is unlikely; intent is not required
Traffic offenses…….

14. Match the Classifications of Criminal Conduct
Crimes against…
A person
Property
The government
Public peace and order
Realty
Consumers
Decency
Examples
Prostitution
Embezzlement
Rioting
Perjury
Battery
Security fraud
Arson

15. The Answers Crimes against… Examples A person Property The government
Public peace and order
Realty
Consumers
Decency
Examples
e) Battery
b) Embezzlement
d) Perjury
c) Rioting
g) Arson
f) Security fraud
a) Prostitution

16. Analyze Real Cases – page 76
#26 – cigar owner
Did Feinberg have a duty to tell his customers of the change in percent?
Did he violate the duty?
Did he intend to kill anyone?
Feinberg acted with such gross negligence that it is equivalent of criminal intent
#28 – shopper
Did the shopper have a duty to “not steal”
Did he intend to steal?
Yes to all - guilty

17. Two Classifications of Crimes
Felony
A crime punishable by confinement of more than a year in state prison
Fine over $1,000
Both
Death
Misdemeanor
Less serious crime, punishable by county/city jail less than 1 year
Infraction
Lesser misdemeanor
No jury trial
Perjury – PLEASE ADD TO YOUR NOTES
People who lie under oath

18. Business Related Crimes (What’s my verdict? Page 69)
White Collar Crimes Offences committed in the business world
No force or violence, personal injury, or physical damage
Tax evasion
Defrauding customers
Price fixing
Insurance fraud
Because physical violence is not involved, courts tend to be more lenient
Larceny (theft)
Wrongful taking of money or property with intent to deprive ownership
May be a felony or misdemeanor – depends on value

19. Business Related Crimes cont.
Robbery (form of larceny)
Taking of property against the victims will
By force, causing fear
Always a felony
Burglary (larceny)
Entering a building w/o permission with intent of committing a crime
Receiving Stolen Property
Knowingly receiving or buying…

20. Business Related Crimes cont.
False Pretenses
Lying about facts to obtain money or property
Forgery
Making or changing a document to defraud another
Bribery
Offering or giving something of value to influence an official

21. Business Related Crimes cont.
Extortion (blackmail)
Obtaining money/property by fear, force, or power of office
Conspiracy
Agreement between 2 or more people to commit a crime
Arson
Willful & illegal burning of a building

22. Review Chapter 5.1 Page 70 – Think About Legal Concepts
#1 - #5
Page 70 – Think Critically About Evidence
#6 - 8

23. Section 5-2 Goals Understand rights when arrested
Recognize criminal liability
Understand common defenses of criminal charges

24. Constitution
Believes too much liberty is better than giving the government too much power

25. Constitutional Rights & Responsibilities
What’s Your verdict? Page 71
Rights when arrested
Due Process=fair procedures in investigation and court
Example:
Right to be represented by a lawyer
Defendants may not be compelled to testify against self
Right to cross examine witnesses
Jury Trial- is asked for by prosecutor or defendant.
How is a jury picked

26. Criminal Conduct of Others
Anyone aiding in a crime can also be found guilty for the same crime
Ex. Burglary look-out
Vicarious Liability (substitute)

27. Defenses to Criminal Charges
“What’s My Verdict”? – pg. 72
Defense- Often allows defendant to escape liability
Two types
Procedural Defenses
Substantive Defenses

28. Procedural vs. Substantive
Procedural defenses
Problems with the way evidence was obtained
The way a person is arrested, questioned, tried or punished
EX: confession was signed due to threat by police
Ignorance of law does not count
Substantive Defenses
Disprove, justify, or excuse crime
Discredit facts
Self-Defense
Criminal Insanity
Immunity
Freedom from prosecution – exchange for agreement to testify against other criminals

29. Other terms… Contempt of court Punishment Plea Bargain
Witness who refuses to testify after immunity has been given
Punishment
Penalty provided by law and imposed by a court
Deter others from breaking the same law
“What’s Your Verdict”? – page 72
Plea Bargain
Plea of guilty for a lesser crime so a more serious crime is dropped

30. Wrap Chapter 5 - Thursday
With a partner…
Your Legal Vocabulary
P. 74, 1-12
Think about legal concepts
P.73, 1-5
Think critically about evidence
P. 75
18-21
Analyze Real Cases
P. 76

31. Mock Trial Review short PowerPoint with Intellectual Property terms

32. In The Lab Famous Crimes Tri-fold brochure
Mini lesson on Microsoft Publisher