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Criminal Law and Procedure

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Presentation on theme: "Criminal Law and Procedure"— Presentation transcript:

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

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