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CHAPTER 4: CRIMINAL LAW & PROCEDURE

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1 CHAPTER 4: CRIMINAL LAW & PROCEDURE
Chapter 4 presents criminal law and criminal law procedures. August 9, 2002 BUSINESS LAW (Ms. Hawkins) BUSINESS LAW (Ms. Hawkins)

2 CHAPTER 4: CRIMINAL LAW & PROCEDURE
Here are some interesting crime statistics: One in three black men between the ages of 20 and 29 years old is under correctional supervision or control. US Dept. of Justice August 9, 2002 BUSINESS LAW (Ms. Hawkins) BUSINESS LAW (Ms. Hawkins)

3 CHAPTER 4: CRIMINAL LAW & PROCEDURE
Here are some interesting crime statistics: In 1997, about 9% of the black population in the U.S. was under some form of correctional supervision compared to 2% of the white population US Dept. of Justice August 9, 2002 BUSINESS LAW (Ms. Hawkins) BUSINESS LAW (Ms. Hawkins)

4 CHAPTER 4: CRIMINAL LAW & PROCEDURE
Here are some interesting crime statistics: 10.0% of black males age 25 to 29 were in prison on December 31, 2001, compared to 2.9% of Hispanic males and about 1.2% of white males in the same age group. US Dept. of Justice August 9, 2002 BUSINESS LAW (Ms. Hawkins) BUSINESS LAW (Ms. Hawkins)

5 CHAPTER 4: CRIMINAL LAW & PROCEDURE
Here are some interesting crime statistics: According to the US Census Bureau, the US population in 2000 was 12.1 % Black. US Dept. of Justice August 9, 2002 BUSINESS LAW (Ms. Hawkins) BUSINESS LAW (Ms. Hawkins)

6 CHAPTER 4: CRIMINAL LAW & PROCEDURE
Here are some interesting crime statistics: According to the 1998 federal Household Survey, “most current illicit drug users are white.” Whites (72 percent of all users) Blacks (15 percent of all users) Hispanics (10 percent of all users) US Dept. of Justice August 9, 2002 BUSINESS LAW (Ms. Hawkins) BUSINESS LAW (Ms. Hawkins)

7 CHAPTER 4: CRIMINAL LAW & PROCEDURE
Here are some interesting crime statistics: And yet, blacks constitute 36.8% of those arrested for drug violations, over 42% of those in federal prisons for drug violations and almost 58% of those in state prisons for drug felonies. US Dept. of Justice August 9, 2002 BUSINESS LAW (Ms. Hawkins) BUSINESS LAW (Ms. Hawkins)

8 CHAPTER 4: CRIMINAL LAW & PROCEDURE
Here are some interesting crime statistics: Among persons convicted of drug felonies in state courts, whites were less likely than African-Americans to be sent to prison. Thirty-three percent (33%) of convicted white defendants received a prison sentence, while 51% of African-American defendants received prison sentences. US Dept. of Justice August 9, 2002 BUSINESS LAW (Ms. Hawkins) BUSINESS LAW (Ms. Hawkins)

9 CHAPTER 4: CRIMINAL LAW & PROCEDURE
What is crime? A punishable offense against society. What is the difference between a crime and a civil offense? Civil offenses are against a victim and not society. August 9, 2002 BUSINESS LAW (Ms. Hawkins) BUSINESS LAW (Ms. Hawkins)

10 CHAPTER 4: CRIMINAL LAW & PROCEDURE
Hot Debate (Page 66) Q: Should Emily be punished for her crime? Yes: Respect for the evenhandedness of the law would be lost if Emily was not tried for the crime. No: Emily accomplished what the law could not do. August 9, 2002 BUSINESS LAW (Ms. Hawkins) BUSINESS LAW (Ms. Hawkins)

11 CHAPTER 4: CRIMINAL LAW & PROCEDURE
Victims Can Sue For almost all crimes, the victim can sue identified criminals for civil damages. Q: Why does this seldom happen? A: Few criminals have the ability to pay judgments. August 9, 2002 BUSINESS LAW (Ms. Hawkins) BUSINESS LAW (Ms. Hawkins)

12 CHAPTER 4: CRIMINAL LAW & PROCEDURE
How Are Crimes Defined? Crimes are defined by statute (laws enacted by state or federal legislatures). August 9, 2002 BUSINESS LAW (Ms. Hawkins) BUSINESS LAW (Ms. Hawkins)

13 CHAPTER 4: CRIMINAL LAW & PROCEDURE
Elements of a Crime These elements must be proved in order for a person to be convicted of a crime: A duty to do or not to do a certain thing (Usually a state statute is cited to the judge). 2. An act or omission in violation of that duty (A breach of duty violating a statute, known as a “criminal act”) 3. Criminal intent (must be proved). August 9, 2002 BUSINESS LAW (Ms. Hawkins) BUSINESS LAW (Ms. Hawkins)

14 CHAPTER 4: CRIMINAL LAW & PROCEDURE
What’s Your Verdict? (Page 67) Q: Has Davis committed a crime despite repayment? A: Duty: Davis has a duty not to take the credit union’s money. B: Violation: Davis took at least $35,000 belonging to the C.U.; (embezzlement: taking another’s property or money by a person to whom it has been entrusted). C: Intent: Criminal intent could be proven with the testimony of the auditors. August 9, 2002 BUSINESS LAW (Ms. Hawkins) BUSINESS LAW (Ms. Hawkins)

15 CHAPTER 4: CRIMINAL LAW & PROCEDURE
Can Corporations Form Criminal Intent? If corporate employees are guilty of proven criminal intent, the employer may be judged to have it, especially if the criminal act benefits the company. Corporate officers can be held criminally responsible under the doctrine of “vicarious criminal liability.” August 9, 2002 BUSINESS LAW (Ms. Hawkins) BUSINESS LAW (Ms. Hawkins)

16 CHAPTER 4: CRIMINAL LAW & PROCEDURE
Can A 7 Year Old Be Criminally Liable? First, criminal intent must be established. One must have sufficient mental capacity to know the difference Between right and wrong. August 9, 2002 BUSINESS LAW (Ms. Hawkins) BUSINESS LAW (Ms. Hawkins)

17 CHAPTER 4: CRIMINAL LAW & PROCEDURE
Can A 7 Year Old Be Criminally Liable?… What are some examples of insufficient mental capacity for criminal intent? The age of criminal liability in most states ranges from 16 to 19 years old; some states may try 7 year olds as adults, depending on the seriousness of the crime. Insane persons August 9, 2002 BUSINESS LAW (Ms. Hawkins) BUSINESS LAW (Ms. Hawkins)

18 CHAPTER 5: OUR CRIMINAL LAWS
Can A 7 Year Old Be Criminally Liable?… August 9, 2002 BUSINESS LAW (Ms. Hawkins) BUSINESS LAW (Ms. Hawkins)

19 CHAPTER 4: CRIMINAL LAW & PROCEDURE
Is Criminal Intent Always Required?… What are some examples where criminal intent is not required to convict? Less serious crimes such as traffic violations. Actions of extreme carelessness (vehicular manslaughter while DUI) August 9, 2002 BUSINESS LAW (Ms. Hawkins) BUSINESS LAW (Ms. Hawkins)

20 CHAPTER 4: CRIMINAL LAW & PROCEDURE
Criminal Conduct Criminal conduct can be classified as crimes against: Persons Property The Government The Public Realty Consumers Decency August 9, 2002 BUSINESS LAW (Ms. Hawkins) BUSINESS LAW (Ms. Hawkins)

21 CHAPTER 4: CRIMINAL LAW & PROCEDURE
Criminal Conduct… Crimes against-- Persons (assault and battery, kidnapping, rape, murder) Property (theft, robbery, embezzlement) The Government (treason, tax evasion, perjury) The Public Peace (rioting, disorderly conduct) August 9, 2002 BUSINESS LAW (Ms. Hawkins) BUSINESS LAW (Ms. Hawkins)

22 CHAPTER 4: CRIMINAL LAW & PROCEDURE
Criminal Conduct… Crimes against-- Realty (burglary, arson, criminal trespass) Consumers (fraudulent sale of securities, violation of pure food and drug laws) Decency (bigamy, obscenity, prostitution) August 9, 2002 BUSINESS LAW (Ms. Hawkins) BUSINESS LAW (Ms. Hawkins)

23 CHAPTER 4: CRIMINAL LAW & PROCEDURE
Criminal Conduct… Assault The threat or attempt to strike another, whether successful or not, provided the target is aware of the danger. Battery The actual intentional striking of someone, with intent to harm, or in a "rude and insolent manner" even if the injury is slight. August 9, 2002 BUSINESS LAW (Ms. Hawkins) BUSINESS LAW (Ms. Hawkins)

24 CHAPTER 4: CRIMINAL LAW & PROCEDURE
Criminal Conduct… “Theft” or “Larceny” The dishonest appropriation of property belonging to another with the intention of permanently depriving that person of it. August 9, 2002 BUSINESS LAW (Ms. Hawkins) BUSINESS LAW (Ms. Hawkins)

25 CHAPTER 4: CRIMINAL LAW & PROCEDURE
Criminal Conduct… Treason The crime of betraying one's country (levying war against them, or in adhering to their enemies, giving them aid and comfort). August 9, 2002 BUSINESS LAW (Ms. Hawkins) BUSINESS LAW (Ms. Hawkins)

26 CHAPTER 4: CRIMINAL LAW & PROCEDURE
Criminal Conduct… Robbery When a robbery is committed there has to be both violence, or the threat of violence, and a theft. August 9, 2002 BUSINESS LAW (Ms. Hawkins) BUSINESS LAW (Ms. Hawkins)

27 CHAPTER 4: CRIMINAL LAW & PROCEDURE
Criminal Conduct… Burglary Burglary is committed by any person who enters a building or part of a building, as a trespasser with the intent to steal, inflict grievous bodily harm, rape, or commit criminal damage, and who does so. August 9, 2002 BUSINESS LAW (Ms. Hawkins) BUSINESS LAW (Ms. Hawkins)

28 CHAPTER 4: CRIMINAL LAW & PROCEDURE
Name That Crime! carjacking arson White Collar Crimes forgery murder Drug Crimes prostitution perjury Violent Crimes distribution Child Abuse Sex Crimes insider trading August 9, 2002 BUSINESS LAW (Ms. Hawkins) BUSINESS LAW (Ms. Hawkins)

29 CHAPTER 4: CRIMINAL LAW & PROCEDURE
August 9, 2002 BUSINESS LAW (Ms. Hawkins) BUSINESS LAW (Ms. Hawkins)

30 CHAPTER 4: CRIMINAL LAW & PROCEDURE
Crime Definitions: MAYHEM - The act of unlawfully and violently depriving another of the use of such of his members as may render him less able in fighting either to defend himself or annoy his adversary; and therefore the cutting or disabling, or weakening a man's hand or finger, or striking out his eye or foretooth, or depriving him of those parts the loss of which abates his courage, are held to be mayhems. But cutting off the ear or nose or the like are not held to be mayhems at common law. August 9, 2002 BUSINESS LAW (Ms. Hawkins) BUSINESS LAW (Ms. Hawkins)

31 CHAPTER 4: CRIMINAL LAW & PROCEDURE
Crime Definitions: INSIDER TRADING - is not defined in any specific statute; it is a term used to describe insiders (such as officers of a corporation) taking unfair advantage of information to make money or avoid losing money in securities. Generally, insider trading means that an insider with material, non-public information engages in trading without disclosing that information to the public first. These crimes typically are prosecuted under the Securities and Exchange Act of 1934. August 9, 2002 BUSINESS LAW (Ms. Hawkins) BUSINESS LAW (Ms. Hawkins)

32 CHAPTER 4: CRIMINAL LAW & PROCEDURE
Crime Definitions: FRAUD - intentionally lying in order to induce someone to rely on the lie and part with something of value, with resulting injury or damage. August 9, 2002 BUSINESS LAW (Ms. Hawkins) BUSINESS LAW (Ms. Hawkins)

33 CHAPTER 4: CRIMINAL LAW & PROCEDURE
Crime Definitions: THE RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS ACT (RICO Charges) was established to fight the influence of organized crime on legitimate businesses. Defendants may be found guilty of violating RICO if they engage in "racketeering activity" under the auspices of an enterprise that affects interstate commerce, or if they are involved in the collection of an unlawful debt. There are nine state and 35 federal offenses specifically listed as racketeering activity. The nine listed state offenses are murder, kidnapping, gambling, robbery, arson, bribery, dealing in obscene materials, and dealing in narcotics or other dangerous drugs. Drug smuggling, murder, bribery, and extortion of "protection money" are examples of the activities to which RICO was originally applied. August 9, 2002 BUSINESS LAW (Ms. Hawkins) BUSINESS LAW (Ms. Hawkins)

34 CHAPTER 4: CRIMINAL LAW & PROCEDURE
Crime Definitions: EXTORTION - The use, or the express or implicit threat of the use, of violence or other criminal means to cause harm to person, reputation, or property as a means to obtain property from someone else with his consent; also known as “blackmail.” (USC 18) August 9, 2002 BUSINESS LAW (Ms. Hawkins) BUSINESS LAW (Ms. Hawkins)

35 CHAPTER 4: CRIMINAL LAW & PROCEDURE
Crime Classifications: Crimes are usually classified as either felonies or misdemeanors. August 9, 2002 BUSINESS LAW (Ms. Hawkins) BUSINESS LAW (Ms. Hawkins)

36 CHAPTER 4: CRIMINAL LAW & PROCEDURE
Crime Classifications: Felony A crime punishable by confinement for more than a year in a state prison or by a fine of more than $1,000, or both—or even death. Examples: murder, rape, arson, robbery burglary, embezzlement, kidnapping, forgery, perjury, theft of large sums… August 9, 2002 BUSINESS LAW (Ms. Hawkins) BUSINESS LAW (Ms. Hawkins)

37 CHAPTER 4: CRIMINAL LAW & PROCEDURE
Crime Classifications: Misdemeanor A less serious crime punishable by confinement in a county or city jail for less than one year, by fine, or both. Examples: disorderly conduct, speeding… August 9, 2002 BUSINESS LAW (Ms. Hawkins) BUSINESS LAW (Ms. Hawkins)

38 CHAPTER 4: CRIMINAL LAW & PROCEDURE
Terms To Know… Perjury To lie under oath. White-Collar Crime Crimes that do not involve force or violence, and which do not cause injury to people, and do not cause physical damage to property. August 9, 2002 BUSINESS LAW (Ms. Hawkins) BUSINESS LAW (Ms. Hawkins)

39 CHAPTER 4: CRIMINAL LAW & PROCEDURE
Terms To Know… Antitrust Laws Laws that state that competing companies may not cooperate in fixing prices or in dividing sales regions (competition is required). Larceny (“Theft”) Remember that 2 types of larceny are burglary and robbery. August 9, 2002 BUSINESS LAW (Ms. Hawkins) BUSINESS LAW (Ms. Hawkins)

40 CHAPTER 4: CRIMINAL LAW & PROCEDURE
Terms To Know… Receiving Stolen Property Receiving or buying property known to be stolen, with intent to deprive the rightful owner of the property (a “fence”). False Pretenses One who obtains money or other property by lying about a past or existing fact (a type of fraud). August 9, 2002 BUSINESS LAW (Ms. Hawkins) BUSINESS LAW (Ms. Hawkins)

41 CHAPTER 4: CRIMINAL LAW & PROCEDURE
Terms To Know… Forgery Falsely making or materially altering a writing to defraud another. Bribery Unlawfully offering or giving anything of value to influence performance of an official. August 9, 2002 BUSINESS LAW (Ms. Hawkins) BUSINESS LAW (Ms. Hawkins)

42 CHAPTER 4: CRIMINAL LAW & PROCEDURE
Terms To Know… Computer Crime Many states have created new criminal laws for computer-related crimes. Conspiracy An agreement between two or more persons to commit a crime; can be a felony or misdemeanor. August 9, 2002 BUSINESS LAW (Ms. Hawkins) BUSINESS LAW (Ms. Hawkins)

43 CHAPTER 4: CRIMINAL LAW & PROCEDURE
Terms To Know… Arson The willful and illegal burning of a building; in some states it is arson if you burn your own building (i.e., insurance fraud). August 9, 2002 BUSINESS LAW (Ms. Hawkins) BUSINESS LAW (Ms. Hawkins)

44 CHAPTER 4: CRIMINAL LAW & PROCEDURE
Rights When Arrested Defendants don’t have to testify against themselves (self-incrimination) Defendants have the right to cross-examine witnesses. Defendants have the right to legal representation. Defendants must be proven guilty with proof beyond a reasonable doubt Trial by jury August 9, 2002 BUSINESS LAW (Ms. Hawkins) BUSINESS LAW (Ms. Hawkins)

45 CHAPTER 4: CRIMINAL LAW & PROCEDURE
Criminal Procedure in Europe No protection against self-incrimination. Testimony based on hearsay and opinion is allowed. Defendants are not presumed innocent until proven guilty. Victims and their families can become parties to investigations. Judges take an active role in trials. August 9, 2002 BUSINESS LAW (Ms. Hawkins) BUSINESS LAW (Ms. Hawkins)

46 CHAPTER 4: CRIMINAL LAW & PROCEDURE
Responsibility for the Criminal Conduct of Others A person who aids another in the commission of a crime is also guilty of criminal wrongdoing. Examples: look-out people, drivers of get away cars, those who plan a crime August 9, 2002 BUSINESS LAW (Ms. Hawkins) BUSINESS LAW (Ms. Hawkins)

47 CHAPTER 4: CRIMINAL LAW & PROCEDURE
Defenses to Criminal Charges A defense allows a Defendant to escape liability. The two types of defenses are: Procedural Substantive August 9, 2002 BUSINESS LAW (Ms. Hawkins) BUSINESS LAW (Ms. Hawkins)

48 CHAPTER 4: CRIMINAL LAW & PROCEDURE
Procedural Defenses Based on problems with: The way evidence is obtained The way the accused person is arrested, questioned, tried, or punished August 9, 2002 BUSINESS LAW (Ms. Hawkins) BUSINESS LAW (Ms. Hawkins)

49 CHAPTER 4: CRIMINAL LAW & PROCEDURE
Procedural Defenses (What’s Your Verdict? Page 72) Would it be fair for Will and Zach to get off because they were not advised of their rights? August 9, 2002 BUSINESS LAW (Ms. Hawkins) BUSINESS LAW (Ms. Hawkins)

50 CHAPTER 4: CRIMINAL LAW & PROCEDURE
Substantive Defenses These defenses disprove, justify, or excuse the alleged crime. Examples are: Self-defense Criminal insanity Immunity August 9, 2002 BUSINESS LAW (Ms. Hawkins) BUSINESS LAW (Ms. Hawkins)

51 CHAPTER 4: CRIMINAL LAW & PROCEDURE
Substantive Defenses Self-defense The use of force that appears to be reasonably necessary to prevent death, serious bodily harm, rape, or kidnapping. August 9, 2002 BUSINESS LAW (Ms. Hawkins) BUSINESS LAW (Ms. Hawkins)

52 CHAPTER 4: CRIMINAL LAW & PROCEDURE
Substantive Defenses Criminal Insanity The accused does not know the difference between right and wrong, hence there is no intent and no crime. August 9, 2002 BUSINESS LAW (Ms. Hawkins) BUSINESS LAW (Ms. Hawkins)

53 CHAPTER 4: CRIMINAL LAW & PROCEDURE
Substantive Defenses Immunity Freedom from prosecution, even when one has committed the crime charged; often granted in exchange for an agreement to testify about the criminal conduct of other criminals. August 9, 2002 BUSINESS LAW (Ms. Hawkins) BUSINESS LAW (Ms. Hawkins)

54 CHAPTER 4: CRIMINAL LAW & PROCEDURE
Terms To Know… Contempt of Court An action that hinders the administration of justice; it is a crime punishable by imprisonment. August 9, 2002 BUSINESS LAW (Ms. Hawkins) BUSINESS LAW (Ms. Hawkins)

55 CHAPTER 4: CRIMINAL LAW & PROCEDURE
Terms To Know… Plea Bargaining An accused person agrees to plea guilty to a less serious crime in exchange for having a more serious charge dropped. August 9, 2002 BUSINESS LAW (Ms. Hawkins) BUSINESS LAW (Ms. Hawkins)

56 CHAPTER 4: CRIMINAL LAW & PROCEDURE
Relationship Between Poverty and Crime Hurricane Katrina victims stole food and water to stay alive. August 9, 2002 BUSINESS LAW (Ms. Hawkins) BUSINESS LAW (Ms. Hawkins)

57 CHAPTER 4: CRIMINAL LAW & PROCEDURE
Relationship Between Poverty and Crime Children from poor, rural homes are increasingly engaging in aggression and violence at the same rate that mothers report being victims of violence. The Idaho Kids Count project in a report called, "Growing up Poor in Idaho," said domestic violence most often occurs in homes that have a $10,000 income or less. Juvenile Justice Digest,  Sep 28, 2001 August 9, 2002 BUSINESS LAW (Ms. Hawkins) BUSINESS LAW (Ms. Hawkins)

58 CHAPTER 4: CRIMINAL LAW & PROCEDURE
Relationship Between Poverty and Crime According to the Census Bureau, at least 7 million "latchkey children" return to an empty house on any given afternoon. When left unsupervised, children are most at risk between 3 and 6 p.m. According to the U.S. Department of Justice, it is during these hours that children are most likely to commit or be victimized by crime; to smoke, drink or use drugs; to engage in premature sexual activity; or to get involved in gang-related activity. Parks & Recreation,  August, 2005  by Monica Hobbs Vinluan August 9, 2002 BUSINESS LAW (Ms. Hawkins) BUSINESS LAW (Ms. Hawkins)

59 CHAPTER 4: CRIMINAL LAW & PROCEDURE
Relationship Between Poverty and Crime He (Andrew Young, former UN Ambassador, and former Atlanta mayor) said that “if the gap between the rich and the poor is reduced, cities crippled by crime and violence will become much better places to live.” "I want us to look at the problem of crime as a function of an economy that has not yet reached all of our citizens," Jet,  March 3, 1997 August 9, 2002 BUSINESS LAW (Ms. Hawkins) BUSINESS LAW (Ms. Hawkins)

60 CHAPTER 4: CRIMINAL LAW & PROCEDURE
Relationship Between Poverty and Crime Historically, the causes and origins of crime have been the subjects of investigation by varied disciplines. Some factors which are known to affect the volume and type of crime occurring from place to place are: Population density and degree of urbanization. Variations in composition of the population, particularly youth concentration. Uniform Crime Reports: Crime in the United States,  Annual, 1999   August 9, 2002 BUSINESS LAW (Ms. Hawkins) BUSINESS LAW (Ms. Hawkins)

61 CHAPTER 4: CRIMINAL LAW & PROCEDURE
Relationship Between Poverty and Crime Modes of transportation and highway system. Economic conditions, including median income, poverty level, and job availability. Cultural factors and educational, recreational, and religious characteristics. Family conditions with respect to divorce and family cohesiveness. Climate. Effective strength of law enforcement agencies. Uniform Crime Reports: Crime in the United States,  Annual, 1999   August 9, 2002 BUSINESS LAW (Ms. Hawkins) BUSINESS LAW (Ms. Hawkins)

62 CHAPTER 4: CRIMINAL LAW & PROCEDURE
Relationship Between Poverty and Crime Administrative and investigative emphases of law enforcement. Policies of other components of the criminal justice system (i.e., prosecutorial, judicial, correctional, and probational). Citizens' attitudes toward crime. Crime reporting practices of the citizenry. Uniform Crime Reports: Crime in the United States,  Annual, 1999   August 9, 2002 BUSINESS LAW (Ms. Hawkins) BUSINESS LAW (Ms. Hawkins)


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