1. Chapter 5- Criminal law
Lesson 5-1

2. What you will learn
What elements are present in all crimes
Describe common criminal activities
Describe typical Business Criminal activities
How are crimes Classified
How are crimes Categorized

3. What are Crimes? “Anything” that is considered to be against society
It is a “Punishable” offense
Society is effected through safety, need to pay police, pay judges, pay prosecutors/public defenders and pay for courts
Prosecutors represent the people (Government)

4. How are crimes determined?
Based on State or Federal Statutes as well as local ordinances
Society determines what laws benefits the most people to make us safe or protect our freedoms
Certain conducts are prohibited by law, such as no smoking in public places in NY State or California

5. What are the elements of every criminal act?
A Duty: Based on a criminal statute telling a person what they can or cannot do
A Breach of Duty: Which means the statute was violated by the defendant
Criminal Intent: Proof that the defendant meant to commit the act and intended evil (A deliberate act)

6. How is criminal Intent proven?
Not an easy thing to show
Criminal intent in trials is proven through witness testimony or evidence
Jury either believes or does not believe the proof being shown
“Pre-Meditation” means not only did the defendant intend the act, they also planned it or thought about it long enough to know what they were doing
First degree crimes need this as part of the proof (First degree are the most serious crimes)

7. How are criminal acts Classified
Misdemeanors: Less serious criminal acts where the defendant can get jail up to “1” year or some type of fine or probation
Felonies: More serious criminal acts where a defendant can get 1 year to life in a “prison”, a death sentence or a fine of $1000 or more as restitution as part of their penalty

8. Why are felonies more serious?
Felonies are part of a persons “Permanent” record, meaning you can be asked if you have a felony on a job application
You are banned from certain jobs, from voting and other activities
Felonies are typically more violent criminal acts or have a stronger economic impact ($$)

9. How are crimes “Sub- Classified”?
Crimes against a person: (Assault and battery, kidnapping, rape, murder)
Crimes against Property: (Theft, Robbery, Embezzlement)
Crimes against the Government: (Treason, Tax evasion, Perjury)
Crimes against Public Peace and Order: (Rioting, disorderly conduct, Illegal speeding)
Crimes against Consumers: (Sale of Securities, food and drug laws)
Crimes against Decency: (Bigamy, Obscenity, prostitution)

10. What is Embezzlement?
This means taking something that has been entrusted to you
Ex) If you work for a business and steal money or supplies that belong to the business
It’s a form of Larceny
Can be a Misdemeanor or a felony

11. What is Vicarious Criminal Liability?
This means being criminally responsible for the acts of an employee
Ex) If you have an employee who is selling arms to a terrorist organization under your control, YOU as the manager could be responsible, even if you were unaware it was happening

12. What is Perjury? This means lying under oath
Can happen in court, during a deposition or in front of a judge
Ex) If you tell a lie to get a person you don’t like convicted of a crime or tell a lie to help a friend
This is a felony offense and there is jail based on the severity of the offense

13. What is a White Collar Crime?
This is a term that means a “Business Offense”
Usually these crimes do not contain any force or violence, but rather are things involving consumer protection laws, violations of Food and Drug acts, Usury (Charging an illegal rate of interest on a loan) or other business crimes

14. What are Anti-Trust Laws?
Anti-Trust laws involve anything business related in which competition is eliminated from a businesses relationship with other businesses
In a Capitalist system, competition is the key objective
Without competition, there are monopolies (A business controlling an entire industry) or unfair trade policies (Bullying, Bid Rigging, etc..)
Competition means the consumer gets the best product at the best price.

15. What is Larceny?
Larceny is the term that means common theft (Taking property belonging to someone else)
Larceny can be Petit or Grand
Petit means under $250 in NY State
Grand means more than $250
Can be a misdemeanor or a felony offense

16. What is Robbery?
Robbery is a variation of larceny in which a person takes property off another person
Specifically defined (As per Substantive Law Rights)
Ex) walk up behind a person, point a gun in their back and say “Give me all your money”

17. What is Burglary?
Burglary is ALSO a variation of larceny in which a person “Enters” a property with the intention to commit a crime
Specifically defined (As per Substantive Law Rights)
Ex) Breaking into a home to steal money or goods

18. What is Receiving Stolen Property?
Receiving Stolen Property is “Knowingly” accepting something known as stolen or buying something known as stolen, so as to keep it from its “rightful Owner”
Person receiving the property is known as a fence
Ex) Allowing someone to sell you a stolen cell phone

19. What is Fraud?
Intentionally misleading some person about an important (Material) fact
One party knows they are lying to the other party to get them to do something
Ex) Telling a person a ring has a $8000 diamond in it when its actually a $50 piece of glass

20. What is False Pretenses?
This is when a person lies about a past or existing fact to “mislead” another person into selling something
A type of fraud
Ex) Selling someone a used car and telling them the car runs fine, knowing full well it has an engine about to seize or stop running

21. What is Forgery?
This is falsely altering a writing to defraud another person
Usually signing a document with another persons name
Ex) Going into a bank and signing a person’s name to a document so you can withdraw money from their account without their permission

22. What is Bribery?
Unlawfully offering or giving something of value to influence the performance of an official
Accepting a bribe is also a crime (Accomplice)
Ex) Paying a Police Officer for NOT giving you that speeding ticket. You are guilty of offering, they would be guilty if they accept

23. What is a Computer Crime?
Usually its things like illegal hacking, stealing someone's personal information (ID Theft) or taking personal property (Larceny)
Proof must be obtained
Ex) Using the person’s IEP address, transactions can be traced to the original computer used (If available)

24. What is Extortion?
Commonly known as “Blackmail”, which means force is used to obtain something from another person
“Different” than bribery because its not a payoff, its bullying
Ex) Promote me or I will report you to the IRS for not paying taxes

25. What is Conspiracy?
An agreement between 2 or more people to work together to commit a criminal act
The conspiracy is “Separate” from other criminal acts that take place
Ex) Agreeing to rob a bank (Robbery) with your friend driving the getaway car (Accomplice)

26. What is Arson? The willful or illegal burning of a building
Intentionally starting a fire to burn a structure
Ex) Getting upset with a boss for not promoting you and going back to burn the place down as retribution

27. Ticket out the door quiz
Questions?
“Complete the Ticket out the Door Quiz”