Crimes

Crime: Is an punishable offense against society. Designed to protect society from the criminal.

To prove a crime in trial You must have these: 1. The duty to do (or not to do) a certain thing. 2. An act or omission in violation of that duty. 3. Criminal Intent

Duty State statutes or federal or city ordinances that prohibit certain conduct.

Violation of Duty The conduct that violates the statute.

Criminal Intent Generally means the defendant (1) intended to commit the act and (2) intended to do evil.

Criminal Intent Age typically is 18 before you can have criminal intent. To have criminal intent you must have the mental capacity to know the difference between right and wrong.

Criminal Intent Some minor charges do not require the element of criminal intent. Extreme carelessness can be considered the same as criminal intent.

Businesses Corporations are legal entities and they can posses criminal intent: If corporations employees have criminal intent. If employees were doing assigned duties and criminal acts benefited the corporation

Businesses If corporation’s employees commit a crime corporate officers can be held criminally responsible. (Doctrine of Vicarious Criminal Liability) Vicarious means substituted.

Should Insanity be allowed to be a defense in a murder or other trial.

Problem: Davis, the chief accountant of the Del Norte Credit Union, cleverly juggled the company records over a period of years. During that time, she took at least $35,000 belonging to the credit union. When the theft was discovered by outside auditors, Davis repaid the money with interest. Has she committed a crime despite the repayment?

Types of Criminal Conduct 1. Crimes against a person Assault, battery, rape, murder

Types of Criminal Conduct 2. Crimes against property Theft, Robbery, Embezzlement

Types of Criminal Conduct 3. Crimes against the government and administration. Treason, Tax Evasion, Counterfeiting, Perjury.

Types of Criminal Conduct 4. Crimes against public peace and order. Rioting, Concealed Weapon, drunk and disorderly, speeding.

Types of Criminal Conduct Crimes against realty Burglary, arson, criminal trespass

Types of Criminal Conduct Crimes against consumers Violation of pure food and drug laws, sale of worthless securities

Types of Criminal Conduct Crimes against decency Bigamy, obscenity, prostitution, contributing to the delinquency of a minor.

Who will investigate crimes? The police will investigate criminal matters. The police will not investigate civil matters.

Classification of Crimes (Three) Felony – Serious crime punishable by either confinement for more than 1 year in state prison or by execution

Classification of Crimes Misdemeanor – Less serious crime punishable by Confinement in county and city jail less than 1 year. (2) Fine (3) Both Infractions – lesser misdemeanors that if convicted can only result in fines. NOTE: A person charges with an infraction is not entitled to trial by jury since they cannot be imprisoned. (Parking, Littering)

Question: With a partner make a list of 4 crimes you think are felonies and 4 crimes you think are misdemeanors. Also write and explanation with each to explain why you think it is a felony or a misdemeanor.***

Business Related Crimes Business related crimes are often called White Collar Crimes – Non-violent crimes committed by businesses or business people or against businesses.

Larceny (Theft) Wrongfully taking money or personal property belonging to someone else, with intent to deprive the owner of the possession. Shoplifting, purse snatching, pick-pocketing

Larceny Robbery – (variation of larceny) taking property from another against the will by using force or causing fear. Burglary – entering building without permission when intending to commit a crime.

Larceny can be either a misdemeanor or felony, it is determined by the value of the property stolen and other circumstances. Burglary and Robbery are always felonies.

False Pretenses One who obtains money or other property by lying about a past or existing fact. (Type of fraud) Victim parts with the property willingly.

Bribery Unlawful offering or giving government officials anything of value to influence performance of an official duty. Getting or receiving a bribe is also illegal. Commercial bribery - bribing private parties (as in to get a sale)

Conspiracy Agreement between two or more people to commit a crime. Conspiracy is a crime separate from the crime the parties plan to commit.

Receiving Stolen Goods Consists of either receiving or buying property known to be stolen with intent to deprive the rightful owner of the property.

Forgery Making falsely or materially altering a writing to defraud another.

Extortion (Blackmail) Obtaining property or money by using force, fear, or power of a office.

The head of a labor union threatened to call a costly strike among employees of the company unless she was paid $10,000 by the employer. This was extortion.

ARSON Obtaining property or money by using force, fear, or power of a office.

Computer Crime Some states have enacted laws that accessing, altering, destroying files is unlawful. Computer Viruses

What rights do you have when arrested? Due Process - fairness in investigation and in court Evidence presented against them cannot be developed by unreasonable search and seizures. They must have probable cause. 2. Right not to self-incriminate 3. Lawyer representation.

When one person helps another commit a crime they are also guilty of wrongdoing. One who plans he crime or intentionally helps is guilty of the same crime. In most jurisdictions if someone is killed during the commission of a felony, all the people who participated are guilty.

Question: Musk, a career criminal, planned a bank robbery. He sent Spiro and Adams to do the “job”. He also had Greene steal a car and serve as chauffeur and lookout. Spiro killed a bank guard during the getaway. Who is guilty of what crimes? Car theft, armed robbery, murder.

Question: Joe agrees to let Mary copy from his test paper. They are caught in the act and both fail the test. Why does Joe also fail?

Corporations can be criminally liable for the conduct of it’s employees. Officers of Corporation may be criminally liable for the actions of their managers.

Defenses to Criminal Charges Defendant must be proven guilty beyond a reasonable doubt. (No sufficient basis placed in evidence that would logically indicate that the defendant did not commit the crime.) 1. Procedural Defenses 2. Substantive Defenses

Procedural Defenses Are based on problems with the way evidence is obtained or the way the accused person is arrested, questioned, tried or punished. Ignorance of the law is not a defense.

Substantive Defense They disapprove, justify, or excuse the alleged crime. They discredit the facts of the case. Some examples would be showing that you were somewhere else when the crime was committed. Self-defense, criminal insanity and immunity are substantive defenses

Question: Will and Zack, who were arrested for possession of cocaine, signed a confession at the police station. At their trial, they claimed that their right to due process had been violated. They said they had not been advised of their right to remain silent and to have a lawyer present when questioned. If true, are those good defenses?

Substantive Defense Self-Defense Is the use of the force that appears to be reasonably necessary to the victim to prevent death, serious bodily harm, kidnapping, or rape. One may not use deadly force if non-deadly force appears reasonable.

Substantive Defense Self-Defense Only nondeadly force may be used to protect or recover property. This defense extends to members of one’s family and household and to others who one has a legal duty to protect.

Substantive Defense Criminal Insanity Generally exists when the accused does not know the difference between right and wrong. If this is true there can be no criminal intent.

Substantive Defense Immunity Is freedom from prosecution even when one has committed the crime charged. In exchange for testimony Grants immunity to remove the privilege against self-incrimination.

Substantive Defense Contempt of Court When granted immunity if the witness refuses to testify then: Contempt of Court

Question: On the Internet Find: One case that has a substantive Defense One case that has a procedural defense One case that is a Business-Related Crime. Print out each one a explain on the back why it is what you are claiming.

Punishment Is any penalty provided by law and imposed by a court.

Punishment Discipline the wrongdoer. Some deterrent from others having similar behavior.

Question: “An Eye for an Eye” What does that mean and where does it come from. The Koran and the Bible

Punishment Plea bargain The purpose is to discipline the wrongdoer. Punishment should deter others from similar behavior. Often the accused voluntarily gives up the right to a public trial to avoid the risk of a greater penalty if convicted. They plead guilty to a less serious crime. Plea bargain