H OT D EBATE PAGE 64 Stages in the Growth of Law What Stage of Law does the trial represent? At what Stage of Law is Mark’s behavior?
Slide 3 Chapter 1 S TAGES IN THE G ROWTH OF L AW Individuals free to take revenge Wild West, little kids, Gangs Sovereign (Leader) acquires power……convinces the wronged to accept goods/money Sovereign gives this power to a system of courts Leader (central authority) acts to prevent/punish wrongs
CIVIL LAW Wrongs against individuals Police do not take action Seek remedy for wrongs done Wrongs against society Gov’t investigates/ prosecutes Conviction results in fines/ imprisonment/ execution Slide 4 Chapter 1 CRIMINAL LAW
E LEMENTS OF C RIMINAL A CTS Duty To do or not do a certain action Breach Failure to do duty is the criminal act Intent Usually, but not always required to be proven
E LEMENTS OF C RIMINAL A CTS Criminal Intent (cont.) Some minor crimes don’t require intent Traffic tickets Intent may not mean intended consequences Mens Rea – Guilty Mind
W HAT IS THE DIFFERENCE BETWEEN The state of a person's mind that directs his or her actions toward a specific object Reason behind the behavior The goal or object of a person's actions Money Revenge Obsession INTENTMOTIVE
C RIMINAL I NTENT ( CONT.) Know the difference between right and wrong Ages 0 to 7 Incapable of forming criminal intent Lack moral sense/understanding of action Laws vary state to state after that Ages 7-14 Presumed incapable of committing crime Can be disproved by showing child understood nature of act Illinois – can be tried as adult as early as 10 Insane: did not know right from wrong
R ESPONSIBILITY FOR THE C ONDUCT OF O THERS Can a Corporation have INTENT? If employees have criminal intent…….does the corporation also have criminal intent? McDonald’s Coffee Enron Wal-Mart Big Tobacco If employee committed crime, can officers (corporation) be held accountable? BP Alaska Oil Spill Costa Concordia
Felony Serious crime Death, imprisonment (1 year +) Murder, Rape, Kidnapping Misdemeanor crime Fine, confinement (up to 1 year) Shoplifting, trespass, disorderly conduct Infraction Minor crime Fines or short time in jail Littering, parking tix, violation of building codes Dollar value of crime moves it from misdemeanor to felony
CRIMES AGAINSTTYPES OF CRIME A personAssault & Battery Kidnapping Rape Murder PropertyTheft Robbery Embezzlement Gov’t & Administration of JusticeTax Evasion Perjury Public Peace & OrderRioting Disorderly Conduct RealtyBurglary Arson Criminal Trespass ConsumersFraudulent Sale of Securities Violation of pure food and drug laws DecencyBigamy Obscenity Prostitution
White Collar Crime No force or violence No physical harm to person or property Tax evasion Collusion Falsifying insurance claims Political corruption Punishments are usually fines / imprisonment Do we treat them differently?
B USINESS R ELATED C RIMES 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 Usually stealing property
B USINESS R ELATED C RIMES Receiving Stolen Property Knowingly receiving or buying What recourse does rightful owner have? False Pretenses Type of fraud, victim parts voluntarily Bouncing a check Forgery Altering writing in an attempt to defraud Common with checks / signatures
B USINESS R ELATED C RIMES Bribery Unlawfully offering or giving anything of value to influence performance of an official Computer Crime Solicitation Request to do something criminal Hiring a hit man Extortion (blackmail) Obtaining money or property through use of force or fear / intimidation
B USINESS R ELATED C RIMES Conspiracy Agreement between two or more people to commit a crime Arson Willful and illegal burning or exploding of a building
R IGHTS OF THE A CCUSED Founding Fathers believed it to be better for society to give individuals too much liberty than to allow the government too much power. 4 th Amendment Unreasonable search & seizures 5 th Amendment Bear witness against self 6 th Amendment Right to representation Confront accusers 14 th Amendment Due Process of Law
R IGHTS OF THE A CCUSED P. 71 “What’s your Verdict? Terms to Know Probable Cause – reasonable grounds for belief
D EFENSE Legal position taken by an accused to defeat the charges against him/her
T YPES OF D EFENSES Procedural How rights/responsibilities can be legally exercised/enforced through the legal system Were procedures followed correctly? Substantive Defines rights & duties How do you disprove, justify or excuse the alleged crime?
P ROCEDURAL D EFENSES Obtaining Evidence Arrest – Miranda Warning? Questioning – Coerced Confession? Trial – Sets up for appeal Punishment – Directions from the Judge
S UBSTANTIVE D EFENSES Lack of Mental Capacity Insane – sufficiently mentally disturbed M’Naghten Test NOT responsible IF at the time of the act did not understand the nature and quality of the act Involuntary Intoxication Voluntary is NOT a defense Duress Wrongful threat that causes a person to perform an act that they would not otherwise do
S UBSTANTIVE D EFENSES Mistake – Ignorance is NOT a defense Lack of Care –Breached a duty Consent – NOT a defense Mercy killing Drug Sales
S UBSTANTIVE D EFENSES Self Defense Reasonable belief of immediate death/serious harm Attacker using unlawful force (as opposed to lawful police force) Victim did not begin/cause attack Florida “Stand Your Ground”
S UBSTANTIVE D EFENSES Entrapment when police officers coerce or induce someone into committing a crime Why isn’t “Bait Car” entrapment? Government agents do not entrap defendants simply by offering them an opportunity to commit a crime. Judges expect people to resist any ordinary temptation to violate the law. An entrapment defense arises when government agents resort to repugnant behavior such as the use of threats, harassment, fraud, or even flattery to induce defendants to commit crimes.
S UBSTANTIVE D EFENSES Immunity Freedom from prosecution even when one has committed the crime charged Diplomatic – allow foreign representatives to work in host country without fully understanding all customs Prosecutorial – removes the privilege against self-incrimination Refusal to testify with Immunity? Contempt of Court – action that hinders action of the court Statute of Limitations – time period a state can prosecute a crime Limit time living under threat Difficulty uncovering the truth (evidence, witnesses)
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