1. Chapter 5 Our Criminal Laws Lesson 5-1 Criminal Law

2. What is a Crime? A punishable offense against societySociety (through police & prosecutors) attempts to identify, arrest, prosecute, and punish the criminal Efforts are designed to protect society rather than the victim of the crime A punishable offense against society Society (through police & prosecutors) attempts to identify, arrest, prosecute, and punish the criminal Efforts are designed to protect society rather than the victim of the crime

3. Three Elements of a Crime (1) Duty –State statutes prohibiting certain conduct (2) Violation of the Duty –Breach of the duty (3) Criminal Intent –Defendant intended to commit the act –Defendant intended to do evil (1) Duty State statutes prohibiting certain conduct (2) Violation of the Duty Breach of the duty (3) Criminal Intent Defendant intended to commit the act Defendant intended to do evil

4. Embezzlement Taking another’s property or money by a person to whom it has been entrusted

5. Corporations and Criminal Intent Can corporations (organizations) form criminal intent? –Yes—if their employees have criminal intent, their employer may be judged to have criminal intent When corporate employees commit a crime, can officers be held criminally responsible? –Yes—vicarious criminal liability Can corporations (organizations) form criminal intent? Yes—if their employees have criminal intent, their employer may be judged to have criminal intent When corporate employees commit a crime, can officers be held criminally responsible? Yes—vicarious criminal liability

6. Criminal Intent and Age Early common law –Under 7  below the age of reason–Over 14  know the difference between right and wrong –Between  knowledge had to be proven Early common law Under 7  below the age of reason Over 14  know the difference between right and wrong Between those ages  knowledge had to be proven

7. Criminal Intent and Age Today –Age of criminal liability is 18 in most states –Minors as young as 7 may be tried and punished as adults if they are accused of serious crimes such as murder Today Age of criminal liability is 18 in most states Minors as young as 7 may be tried and punished as adults if they are accused of serious crimes such as murder

8. Criminal Intent Sufficient mental capacity needed –Insane persons (no)–Voluntary intoxication (yes) –Drug use (yes) Sufficient mental capacity needed Insane persons (no) Voluntary intoxication (yes) Drug use (yes)

9. Is Criminal Intent Always Required for a Crime? Not for less serious crimes when jail is unlikely –Traffic offenses Extreme carelessness –Conduct is so careless some courts treat it the same as criminal intent Not for less serious crimes when jail is unlikely Traffic offenses Extreme carelessness Conduct is so careless some courts treat it the same as criminal intent

10. Criminal Conduct Crimes against a person –Assault and battery, kidnapping, rape, murder Crimes against property –Theft, robbery, embezzlement Crimes against the government and administration of justice –Treason, tax evasion, perjury Crimes against a person Assault and battery, kidnapping, rape, murder Crimes against property Theft, robbery, embezzlement Crimes against the government and administration of justice Treason, tax evasion, perjury

11. Criminal Conduct Crimes against a person –Assault and battery, kidnapping, rape, murder Crimes against property –Theft, robbery, embezzlement Crimes against the government and administration of justice –Treason, tax evasion, perjury Crimes against public peace and order Rioting, disorderly conduct, illegal speeding Crimes against realty Burglary, arson, criminal trespass Crimes against consumers Fraudulent sale of securities, violation of pure food and drug laws Crimes against decency Bigamy, obscenity, prostitution

12. Classification of Crimes Felony –Punishable by confinement for more than a year in state prison and/or–Punishable by a fine of more than $1,000 or–Death –Murder, rape, kidnapping, arson, robbery, burglary, embezzlement, forgery, theft of large sums, perjury Felony Punishable by confinement for more than a year in state prison and/or Punishable by a fine of more than $1,000 or Death Murder, rape, kidnapping, arson, robbery, burglary, embezzlement, forgery, theft of large sums, perjury

13. Classification of Crimes Misdemeanor –Punishable by confinement in a county or city jail for less than one year and/or by fine–Disorderly conduct, speeding–Infractions Lesser misdemeanors Misdemeanor Punishable by confinement in a county or city jail for less than one year and/or by fine Disorderly conduct, speeding Infractions Lesser misdemeanors

14. Business-Related Crimes Businesses are subject to general criminal lawReferred to as white-collar crimesDo not involve force or violence, do not cause injury to people, and do not cause physical damage to property Ex: evading income taxes, defrauding consumers, conspiring to fix prices, false fire and auto insurance claims, bribery Businesses are subject to general criminal law Referred to as white-collar crimes Do not involve force or violence, do not cause injury to people, and do not cause physical damage to property Ex: evading income taxes, defrauding consumers, conspiring to fix prices, false fire and auto insurance claims, bribery

15. Larceny Commonly known as theftThe wrongful taking of money or personal property belonging to someone else, with the intent to deprive the owner of possessionRobbery—taking of property from another’s person or immediate presence, against the victim’s will, by force or by causing fear Burglary—entering a building without permission when intending to commit a crime Commonly known as theft The wrongful taking of money or personal property belonging to someone else, with the intent to deprive the owner of possession Robbery—taking of property from another’s person or immediate presence, against the victim’s will, by force or by causing fear Burglary—entering a building without permission when intending to commit a crime

16. Larceny (con’t) Shoplifting, pickpocketing, purse snatchingCan be a felony or a misdemeanorDetermined by the value of the property stolen and other circumstances Robbery and burglary are always felonies Shoplifting, pickpocketing, purse snatching Can be a felony or a misdemeanor Determined by the value of the property stolen and other circumstances Robbery and burglary are always felonies

17. Receiving Stolen Property Knowingly receiving stolen property –intent to deprive the rightful owner of the property Fence –one who receives stolen property Knowingly receiving stolen property intent to deprive the rightful owner of the property Fence one who receives stolen property

18. False Pretenses Obtaining money/property by lying about a past or existing factVictim parts with property voluntarily Type of fraud Obtaining money/property by lying about a past or existing fact Victim parts with property voluntarily Type of fraud

19. Forgery Falsely making/altering a writing to defraud anotherChecks Usually a felony Falsely making/altering a writing to defraud another Checks Usually a felony

20. Bribery Unlawfully offering or giving anything of value to influence performance of an official Soliciting or accepting the bribe is also criminal Unlawfully offering or giving anything of value to influence performance of an official Soliciting or accepting the bribe is also criminal

21. Computer Crime Larceny? –“the taking of personal property” Larceny? “the taking of personal property”

22. Extortion Known as blackmail Obtaining money/property from a person by wrongful use of force, fear, or power of office Known as blackmail Obtaining money/property from a person by wrongful use of force, fear, or power of office

23. Conspiracy An agreement between two or more persons to commit a crimeUsually secretConspiracy is a separate crime from the crime the parties plan to commitEither a felony or a misdemeanor Businesses: fix prices or divide markets An agreement between two or more persons to commit a crime Usually secret Conspiracy is a separate crime from the crime the parties plan to commit Either a felony or a misdemeanor Businesses: fix prices or divide markets

24. Arson Willful and illegal burning of a building