1. Criminal Law and Procedure
Chapter 4
Criminal Law and Procedure

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

3. 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

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

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

6. 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

7. 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

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

9. 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

10. 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

11. 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

12. 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

13. 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.

14. 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

15. 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

16. 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

17. 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

18. 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)

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

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

21. 4-1 Assessment
Turn to page 70 and complete the assessment

22. 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

23. 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

24. 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

25. 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

26. 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.

27. 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

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