Topic: CATEGORIES OF CRIMES I. FELONIES – Major category of crimes that carry over 1 year in jail. 1 yr. or more in jail A (most serious); 20yrs.-Life B C D E (Least Serious) Ex. Murder, Robbery, Sexual Assault , Arson, etc.

II. MISDEMEANORS – Crimes that carry a maximum of 1 year penalty. 1 year or less in jail A B Ex. Petit Larceny, disorderly conduct III. VIOLATIONS – Any act that fails to abide by existing laws. Fines Traffic & parking tickets

Aim: What is a Crime? Crime- a voluntary act of commission or omission that is commanded by law. 2 Elements of a Crime: 1. “Mens Rea”- criminal state of mind 2. “Actus Reus”- the criminal act

Mens Rea- 4 states of the criminal mind: 1) INTENTIONALLY: A person foresees and desires to perform an act they know is wrong 2) KNOWINGLY : Person acts in a conscious state of mind and is aware of the facts. 3) RECKLESSLY: Disregards a substantial and unjustifiable risk. 4) CRIMINAL NEGLIGENCE: a person fails to perceive or see a substantial and unjustifiable risk.

III. Classification of Crimes

Violent Crime – Crimes against persons that include violence or potentially violent acts. 4 Major Categories: Murder – Unlawful killing of a human being Assault and Battery – Physical attack of another(battery) or, through threats intentionally leads another to believe that they will be harmed (assault). Sexual Assault – Rape, refers to coerced actions of a sexual nature with an unwilling participant. Robbery – The taking of property by means of force.

Property Crime –The goal of the offender is some form of economic gain or the damaging of property. The most common form of criminal activity. Larceny/Theft – Taking of property not accomplished by the use of force. Burglary - Unlawful entry with intent to commit a felony such as theft. Motor Vehicle Theft – Theft and attempted theft of an automobile. Arson – Willful, malicious burning of property.

Public Order Crimes – Behavior that has been labeled criminal because it is contrary to shared social values, norms, and customs. These are sometimes referred to as victimless crimes because they often harm only the offender. Ex. Public drunkenness, Prostitution, Gambling, Illicit Drug use.

White-Collar Crimes – Nonviolent crimes committed by corporations and individuals to gain personal or business advantage. These crimes have the most far-reaching effects ($400 Billion Annually). Conflict over punishments between “white” and “blue” collar crimes. Examples of White Collar Crime: Embezzlement-theft or misappropriation of funds placed in one's trust or belonging to one's employer. Pilferage-a problem commonly involving employees who steal items from their place of employment, especially in a manufacturing plant.

Credit Card/Check Fraud- Insurance Fraud- Securities Fraud- Consumer Fraud- A false representation of a matter of fact—whether by words or by conduct, by false or misleading allegations, or by concealment of what should have been disclosed—that deceives and is intended to deceive another so that the individual will act upon it to her or his legal injury. Bribery-offering, giving, receiving, or soliciting of any item of value to influence the actions of an official or other person in charge of a public or legal duty Tax Evasion-the illegal nonpayment or underpayment of tax.

Organized Crime – A conspiratorial relationship between any number of persons engaged in the market for illegal goods and services. These crime rings are usually structured hierarchically. The Big Five: The Mafia Russian Mobs Japanese Yakuza Chinese Triads Colombian Drug Cartels

High Tech Crime – Crimes relating to the use of computers or advanced technology. 85% of businesses and large governmental agencies had internet security breaches in the last year. Cybercrime against persons: Obscene material Cyber-Stalking Cyber-harassment Cybercrimes against property: Hacking Cracking (unauthorized access) Piracy Viruses Cybercrimes against the Government Cyber-Terrorism

Amount of Evidence necessary to convict CRIMINAL CASE CIVIL CASE Who the wrong is committed against Who vs. Who Example Amount of Evidence necessary to convict Burden of Proof is on Penalties Society Individual Prosecution Vs. Defendant Plaintiff Vs. Defendant People of the State of California Vs. O.J. Simpson Goldman Vs. Simpson Guilt beyond a reasonable doubt Preponderance of Evidence-evidence shows it is more than likely The Prosecution The Plaintiff Monetary damages ($$) Possible imprisonment

Notes Presumed Innocent- defendant is considered innocent until proven guilty Burden of Proof- refers to who has the responsibility to prove their case. Prosecution- district attorneys that work for the state to convict criminals Defense Counsel- lawyers for defendants Civil cases - Goldman vs. Simpson Plaintiff (one suing) always listed first defendant

AIM: CRIMINAL LAW

Class A-Felonies (15-25 to Life)