Presentation on theme: "CHAPTER 5 Crimes. Civil Crimes – individual v individual Criminal Crimes – individual v society Crimes is a punishable offense against society in."— Presentation transcript:
Civil Crimes – individual v individual Criminal Crimes – individual v society Crimes is a punishable offense against society in order to protect society Elements of criminal acts: Whether you were aware of your duty to do or not to do a certain thing Whether you performed an act or omission in violation of that duty Whether or not you had criminal intent IT IS EVERYONE’S DUTY TO KNOW THE LAW !
Felonies, Misdemeanors, Infractions FELONY Most serious crimes, punishable by death or imprisonment for 1 year or more Different classes of felonies – Class X, Class 2, etc. MISDEMEANORS Less serious crimes – Different classes - Class A, etc. Results in fine or imprisonment for less than 1 year misdemeanors INFRACTIONS (aka, Petty Offenses) Most minor crimes, such as traffic offenses Either fined, ticketed, brief jail sentence
Crimes 2 elements must exist to be convicted of a crime: Must have INTENT Actually must occur Criminal Intent – knowingly and purposely intending to commit a crime - this must be proven Defendant intended to commit the act and to do evil Age is a factor: Over age 14 - presumed capable of recognizing the difference between right/wrong and can be held accountable as adults Most states have fixed criminal liability at 18 Vicarious Criminal Liability When someone else can be held criminally liable for the acts of another i.e., parents held responsible for actions of their children
Crime Vocabulary Theft – taking another person’s property Motive – reason behind criminal act, but not an element in determining if a crime was committed Criminal Solicitation – requesting or encouraging another to commit a crime Conspiracy – plan by 2 or more to commit an illegal act/crime Alibi– accused was someplace else at the time of the crime
Crime Vocab Continued Infancy – children under 7 years of age incapable of committing a crime Do they know the difference between right/wrong? Intoxication – under influence of either drugs or alcohol Insanity – mental illness/disability that makes a person incapable of forming criminal intent Consent – voluntary agreement to a proposition/act of another
Crime Vocab Continued Duress – threat causing another person to perform and act that he/she wouldn’t otherwise perform i.e., club initiations Self-Defense – right to protect yourself from criminal conduct of others Can only use amount of force necessary to detain Entrapment - police officer or public official suggesting or encouraging a crime Forgery – false/unauthorized signing of document, false making of a document with the intent to defraud i.e., fake ID’s Burglary – unlawful entry into building with intent to commit a crime
Crime Vocab Continued Robbery – forceful (weapon, hitting, etc) taking of property of another Assault – threatened use of immediate force against another Battery – physical contact Larceny (theft) – wrongful taking of another’s property Shoplifting – taking property from a retail store without paying for it. Felony or misdemeanor depends on amount stolen.
Crime Vocab Continued Embezzlement – employee that steals from a company Arson – willful and malicious burning of a building Bribery – offering, requesting, or receiving anything of value with the aim of influencing a public official Perjury – lying under oath Arraignment – before a trial, judge only – plead guilty/not guilty, charges stated, plea bargain Indictment – formal accusation of a crime by grand jury (serious crime) or prosecutor
White Collar Crimes Businesses are subject to general criminal law not paying income taxes, stock fraud, etc RIGHTS OF THE ACCUSED: Constitution provides Due Process – fair procedures Probable Cause Reasonable Suspicion A person who knowingly aids another in the commission of a crime also is guilty of criminal wrongdoing Vicarious Liability company’s liable for the acts of their employees (McDonald’s strip search lawsuit)
The Praying Robber on Oprah Oprah Clip Oprah Clip Read the article from Oprah.com Assignment: Complete a reflection piece relating the crime to the punishment. Utilize terms we have learned in this chapter.