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Chapter 4 Criminal Law and Procedure. Crimes and Criminal Behavior Hot Debate Hot Debate What’s Your Verdict What’s Your Verdict A question of ethics.

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Presentation on theme: "Chapter 4 Criminal Law and Procedure. Crimes and Criminal Behavior Hot Debate Hot Debate What’s Your Verdict What’s Your Verdict A question of ethics."— Presentation transcript:

1 Chapter 4 Criminal Law and Procedure

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

3 Elements of Criminal Acts 1. A duty exists 2. Duty was violated 3. Intent

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

27 Review 4-2 Pg 75 Pg 75


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