1. Criminal Law and Procedure
Chapter 4
Criminal Law and Procedure

2. Crimes and Criminal Behavior
Hot Debate
What’s Your Verdict
A question of ethics
Crime – punishable offense against society

3. Elements of Criminal Acts
A duty exists
Duty was violated
Intent

4. Elements of Criminal Acts
Duty
Everyone has a duty to conform to the law’s requirements
Prosecutor cites a statute outlining those requirements

5. Elements of Criminal Acts
Violation of Duty
Breach of duty = criminal act
Example:
Battery – the intentional causing of bodily harm to another person
Assault – the threat of causing harm to another person

6. Elements of Criminal Acts
Criminal Intent
Person intended to commit act or omission
Motive – reason for committing a crime
Motive not the same as intent

7. Elements of Criminal Acts
Criminal Intent (cont.)
Under 7 cannot form intent
Laws vary state to state after that
Know the difference between right and wrong
Ages 7-14: Maybe, Over 14: Yes
Insane: No

8. Elements of Criminal Acts
Criminal Intent (cont.)
Can a person be held responsible for a crime committed by a company?
Vicarious criminal liability – legal doctrine where company officers are charged with crimes.

9. Elements of Criminal Acts
Criminal Intent (cont.)
Some minor crimes don’t require intent
Traffic tickets
Intent may not mean intended consequences

10. Classification of Crimes
Felony – Serious crimes
State prison more than a year
Fine of more than $1000
Both???
Examples:
Page 67 Chart
Murder, kidnap, arson, rape, robbery, burglary, embezzlement, grand larceny

11. Classification of Crimes
Misdemeanor – Less serious crimes
City or county jail less than 1 year
Fine less than $1000
Both???
Examples:
Infractions / Petty crime
Parking violations, littering
Fine only

12. Business Related Crimes
What’s your Verdict – pg 68
Antitrust laws, collusion
White collar crimes – Business related
Examples: pg 68

13. Business Related Crimes
Larceny (theft)
Wrongful taking of money or personal property belonging to someone else
Robbery
Larceny involving the use of force
Burglary
Breaking an entering with the intent to commit a crime

14. Business Related Crimes
Receiving Stolen Property
Knowingly receiving or buying
What recourse does rightful owner have?
False Pretenses
Type of fraud, victim parts voluntarily
Forgery
Altering writing in an attempt to defraud
Common with checks / signatures

15. Business Related Crimes
Bribery
Unlawfully offering or giving anything of value to influence performance of an official
Soliciting
Computer Crime
Extortion (blackmail)
Obtaining money or property through use of force or fear / intimidation

16. Business Related Crimes
Conspiracy
Agreement between two or more people to commit a crime
Arson
Willful and illegal burning or exploding of a building

17. Rights and Responsibilities
What’s your verdict? Pg 71
Rights of the Accused
Fair Procedures - investigation and in court
Probable Cause – reasonable ground for belief
Beyond a reasonable doubt
Plaintiff’s responsibility

18. Rights and Responsibilities
Responsibility of Another’s Criminal Conduct
Knowingly aids
Ex: lookout during a burglary
Ms. Roberts
Helps Plan

19. Defenses to Criminal Charges
Defense – legal position taken by the accused to defeat charges against him or her.
Procedural Defenses – based on problem with the way investigation / arrest is handled.
What’s your verdict? Pg 72

20. Procedural Defenses Forced Confession Evidence gathered illegally
Ignorance of the law???

21. Defenses to Criminal Charges
Substantive Defenses – disprove, justify, or excuse alleged crime.
You committed the act, but you have an excuse
Self-Defense
Criminal Insanity
Immunity

22. Defenses Entrapment Mistake Consent Duress Infancy
Statute of Limitations (Procedural)

23. Substantive Defenses Do you have to testify against yourself?
Against a friend?
Spouse?
Contempt of Court – action that hinders the administration of justice

24. Punishments for Crimes
What is the purpose of punishment?
Remedy or discipline
Exceptions to intent requirement
Plea Bargaining
Voluntarily give up the right to trial. Why?

25. End of Unit
Jeopardy?
Unit Test Chapters 1-3

26. Review 4-1
Legally, a crime is considered an offense against ____________
Ben is convicted and sentenced to 2 -5 years. He has convicted a _________
When an officer of a corporation will be held criminally liable under the doctrine of _________
Falsely making or materially altering a writing is known as the crime of false pretneses. T or F

27. Review 4-2
Pg 75