Criminal Law and Procedure Chapter 4 Criminal Law and Procedure

What is a Crime? It is a punishable offense against society Society attempts to: Identify the crime Arrest Prosecute and Punish

Elements of Criminal Act Prosecutor must prove three elements: Whether you had a 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

Duty Under our system, everyone has a legally enforceable duty to conform his or her conduct to the law’s requirements.

Violation of Duty Breach of Duty – the specific conduct of the defendant that violates the statute – is the criminal act

Criminal Intent Means that the defendant intended to commit the specific act or omission defined as criminal in the controlling statute. Intent refers to the state of mind

Criminal Intent Those over the age of 14 are considered competent because they understand the difference between right and wrong Insane lack the mental capacity to understand the difference between right and wrong

Crimes against a person Assault – Intentional threat to physically or offensively injure another Battery – Harmful or offensive touching Kidnapping Rape Murder

Crimes against property Theft - the generic term for all crimes in which a person intentionally and fraudulently takes personal property of another without permission or consent and with the intent to convert it to the taker's use (including potential sale). In many states, if the value of the property taken is low (for example, less than $500) the crime is "petty theft," but it is "grand theft" for larger amounts, designated misdemeanor, or felony, respectively

Crimes against property (Theft) Robbery – Wrongful taking of another’s property from their person or presence by threat of force of violence or by causing fear Embezzlement – Taking of another’s property or money by a person to whom it has been entrusted

Crimes against Government/Justice Treason - Violation of allegiance toward one's country, especially the betrayal of one's country by waging war against it or by consciously and purposely acting to aid its enemies. Tax Evasion - Intentional avoidance of tax payment usually by inaccurately declaring taxable income Perjury – Lying under oath

Crimes against public peace and order Rioting - A violent disturbance of the public peace by three or more persons assembled for a common purpose Disorderly conduct - An offense involving disturbance of the public peace and decency Illegal speeding

Crimes against Realty Burglary - entering a building as a trespasser with the intention of committing a crime Arson - maliciously, voluntarily, and willfully setting fire to the building, buildings, or other property of another or of burning one's own property for an improper purpose, as to collect insurance. Criminal Trespass - unlawful injury to the person, property, or rights of another, with actual or implied force or violence, especially to enter onto another's land wrongfully.

Classifications of Crimes Felony – Crime punishable by confinement for more than a year in state prison or by a fine of more than $1,000, or both. Misdemeanor – Less serious crime Punishable by confinement in a county or city jail for one year or less, by a fine of $1,000 or less, or both Infractions – lesser misdemeanors punishable by fine and not entitled to a jury trial

Business Related Crimes White Collar Crimes – Crimes committed in the business world Do not involve force or violence Do not cause physical injury to people Or physical damage to property

White Collar Crimes Larceny – Theft (Robbery and/or Burglary) Receiving stolen property – Knowingly receive or buy property known to be stolen, with intent to deprive the rightful owner of the property Fence – One receiving stolen property

White Collar Crimes False Pretense – One who obtains money or property by lying about a past or existing fact Different then larceny because the victim parts with the property freely. Forgery – Falsely making or materially altering a writing to defraud another

White Collar Crimes Bribery – Unlawfully offering or giving anything of value to influence performance of an official in the carrying out of his or her public or legal duties. Extortion – Improperly obtaining money or other things of value by use of force, fear, or the power of office (blackmail)

White Collar Crimes Conspiracy – An agreement between two or more persons to commit a crime Usually the agreement is a secret

Felonies Murder Kidnapping Arson Rape Robbery Burglary Embezzlement Forgery Theft of Large sums Perjury

4-1 Assessment Turn to page 70 and complete the assessment

Rights and Responsibilities Probable Cause Reasonable ground for belief Right to a lawyer To convict in a criminal case, “Proof beyond a reasonable doubt” must be established Right to a jury trial An accomplice (one who participates in the crime) is just as guilty

Defense to Criminal Charges Defense – Legal position taken by an accused to defeat the charges against him The state must prove guilt Procedural Defense Substantive Defense

Procedural Defense Based on problems with the way evidence is obtained or the way an accused person is arrested, questioned, tried, or punished. Ignorance of the law is no defense

Substantive Defense Disproves, justify, or excuse the alleged crime. Discredit the facts that the state sought to establish Self-Defense – The use of force that appears to be reasonably necessary to the victim to prevent death, serious bodily harm, rape, or kidnapping. Only non-deadly force may be used to protect or recover property

Substantive Defense Criminal Insanity – Because of a verifiable mental disease or defect, the accused does not know the difference between right and wrong Immunity – Freedom from prosecution even when one has committed the crime charged. May be granted immunity for an agreement to testify.

Punishment for Crimes Punishment – Any penalty provided by law and imposed by a court Done to discipline the wrongdoer Plea Bargaining – Agree to plead guilty to a lesser charge in exchange for having the more serious charges dropped. Give up the right to a trial

Assessment Turn to page 75 and complete the 4-2 Assessment