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Chapter 4 Criminal Law and Procedure
4-2 Criminal Procedure
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4-1 Criminal law GOALS Understand the three elements that make up a criminal act Classify crimes according to the severity of their potential sentences Identify the types of crimes that affect business
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Crime: punishable offense against society
Efforts of finding a prosecuting are aimed toward protecting society, not necessarily the victim Well crafted criminal statutes Defines behavior that it prohibits Does not interfere with protected individual rights
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CRIMES AND CRIMINAL BEHAVIOR
Elements of criminal acts that must be proven by prosecutors Duty Violation of duty Criminal intent Whether one had a duty imposed by criminal statute to do or not to do a certain thing Whether one performed an act or omission in violation of that duty Breach of duty: specific conduct of the defendant that violates the statute—this is the criminal act Battery: the intentional causing of bodily harm to another person Whether or not one had criminal intent in so doing Means that the defendant intended to commit the specific act or omission
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CHECKPOINT: What three elements must be proven at trial before someone can be convicted of a crime?
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CLASSIFICATION OF CRIMES
Felony Punishable by more than one year in prison, a fine of more than $1,000, or both Misdemeanor Less serious offense Punishable by less than one year in prison (usually served in county jail) or under $1,000 in fines
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CHECKPOINT Name the two categories of crimes classified by the severity of their potential sentences.
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BUSINESS RELATED CRIMES
Larceny Computer Crime Receiving stolen property False Pretenses Forgery Bribery Extortion Conspiracy arson Business related crimes are usually referred to as white collar crimes. Generlly do not involve force or violence; do not cause physical injury to people or physical damage to property. Read What’s Your Verdict? Guilty of violating anti-trust laws, specifically collusion. Larceny: wrongful taking of money or personal property belonging to someone else with intent to deprive the owner of it. Robbery: the forcible taking of property from another person Burglary: Entering a building without permission when intending to commit a crime Forgery: falsely makingor materially altering a writing in order to defraud another person. Bribery: unlawfully offering or giving anything of value to influence performance of an official in the carrying out of hisher public or legal duties Extortion: aka as blackmail. Obtaining money or other property from a person by wrongful use of force, fear, or the power of office. Conspiracy: an agreement between two or more people to commit a crime
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CHECKPOINT Name and explain three types of business- related crimes
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