Objective 2.02 Criminal Law BL02.02 PPT 1

What is a Crime ? An act against the public good, or society. Each statute that defines a crime must specifically explain the conduct that is forbidden by that statute. No act can be considered a crime unless: It is prohibited by the law of the place where it is committed The law must explain the punishment of offenders. BL02.02 PPT 1

How are Crimes Classified? Misdemeanors Minor offenses that may be punishable by a fine and less than a year of jail time in a local or county jail. Felonies Crimes of a serious nature punishable by fines and more than one year of prison time served in a state or federal jail. Capital Crimes Most severe type of crime Punishable by life in prison or even death. Juvenile Crimes Criminal cases involving minors. BL02.02 PPT 1

Elements of a Crime The Criminal Act Required State of Mind Must violate a specific statute, or law. Must be voluntary; not conditional. Required State of Mind Depends on the definition of the specific crime Intent must be proven to convict murder Negligence must be proven to convict manslaughter Motive is NOT required in order to prove that a crime as been committed. BL02.02 PPT 1

Types of Crimes Crimes Against People Crimes Against Property Crimes Against Business Crimes Against Government Crimes Against Society Motor Vehicle Violations Computer Crimes BL02.02 PPT 1

Crimes Against People Murder: Intentionally killing another person 1st degree: Planning the Murder; Murder in a Vicious Manner; Murder during a Serious Crime 2nd degree: None of the above conditions apply Manslaughter: Killing someone without intent Voluntary: Killing someone without prior planning; Killing someone while in a state of great distress Involuntary: Accidently killing someone while committing an unlawful or reckless act Kidnapping Unlawful removal or restraint of a person against his or her will BL02.02 PPT 1

More Crimes Against People Assault: An attempt to commit a battery (physical attack). Aggravated Assault: Committed with a Deadly Weapon Simple Assault: Non-lethal attempt at physical harm or mental distress Battery: Any unlawful touching of another person Aggravated Battery: Committed with a weapon Simple Battery: Non-lethal force without causing harm Sex Offenses (Rape) Statutory Rape: Intercourse with a minor Date Rape: Rape committed by a friend or acquaintance. Domestic Violence Any reckless form of physical or mental harm in a family or household BL02.02 PPT 1

Crimes Against Property Burglary: Breaking and entering into a property with the intent to commit a misdemeanor. Larceny: The unlawful taking of someone’s property with the intent to keep the property away from that person. Robbery: The wrongful taking of someone’s property by threatening violence or using violence. Vandalism: The willful and malicious damage to property Residential Arson: Intentionally setting a house on fire. BL02.02 PPT 1

Crimes Against Business Also called “White Collar” crimes Embezzlement: The wrongful taking of property by someone lawfully entrusted with possession and control of that property. Shoplifting: Stealing goods from a store. Fraud: Obtaining money or property by engaging in some for of deception. Money Laundering: The act of hiding or assisting the act of hiding large amount of illegally obtained money. Commercial Arson: The act of burning a business property in order to collect on the fire insurance. Forgery: Falsifying a signature on a check or other document with the intent to deceive someone in order to deprive that person or his or her property. BL02.02 PPT 1

Crimes Against Government Treason: Giving aid and comfort to the enemies of the United States. Perjury: Lying under oath during court proceedings. Obstruction of Justice: Hindering the ability of the court to move forward in a judicial proceeding. Contempt of Court: Ignoring a court order and/or showing a lack of respect for the integrity of the court. Bribery: Giving money or property to a person or public official in exchange for a favor. BL02.02 PPT 1

Crimes Against Society Crimes that endanger the public peace. Disorderly Conduct: An activity that threatens to disrupt the social order, to imperil public safety, or to jeopardize the health of the public at large. Rioting: An activity that generally requires a gathering of three or more people who threaten to harm others or to damage property, or who violently commit one or the other of those offenses. BL02.02 PPT 1

Motor Vehicle Violations Speeding: Driving in excess of the posted speed limit. Reckless Driving: Driving while show disregard for the rules of the road; often leading to accidents and other damages. Driving Under the Influence (DUI): Driving while under the influence of an impairing substance. Driving While Intoxicated (DWI): Driving after consuming an illegal quantity of alcohol BL02.02 PPT 1

Computer Crimes Any crime that involves a computer and a network, where the computers may or may not have played an major part in the crime. Viruses: Using malicious software to intentionally causing harm to a computer or network of computers. Piracy: Using computer to steal copyright protected works. Hacking: Accessing a computer or the components of another computer without permission. Cyber Bullying: Directing obscenities and derogatory comments at specific individuals focusing for example on gender, race, religion, nationality, sexual orientation. Possession of Obscene Content: The act of possessing or distributing obscene material collected from the Internet; child pornography. Cyber Terrorism: Terrorism committed through the use of cyberspace or computer resources. BL02.02 PPT 1

Type of Criminal Defenses Insanity (M’Naghten Rule) Defendant must be suffering from a mental disease so serious that he or she does not know the difference between right or wrong. Entrapment The act of being talked into or tricked into committing a crime by a police officer. Self Defense The act of using reasonable force to protect oneself in the presence of danger. Always try to retreat before using force. Defense of Family Members The act of using reasonable force to protect a family member in the presence of danger. BL02.02 PPT 1

Punishments for Crime Fines Probation Community Service Imprisonment Payment of specified amount of money as penalty for committing crime. Probation Supervised or Unsupervised Activities are restricted by directions of the court Community Service Performing services for the community or a government agency (without payment) for a specified amount of time. Imprisonment Being confined to a jail or prison or other institution for an indefinite or indeterminate period of time. Judge cannot prevent an inmate from seeing family during sentences Capital Punishment (Death Penalty) Individual convicted of a capital crime may be put to death BL02.02 PPT 1

THE END BL02.02 PPT 1