Presentation on theme: "Criminal Law LESSON 5-1 Define the elements present in all crimes"— Presentation transcript:
1 Criminal Law LESSON 5-1 Define the elements present in all crimes CHAPTER 54/15/2017LESSON 5-1Criminal LawDefine the elements present in all crimesDescribe crimes that commonly occur in the business environment
2 WHAT ARE CRIMES?Elements of a crimeCriminal conduct
3 ELEMENTS OF A CRIMEDutyViolation of the dutyCriminal intent
4 CRIMINAL CONDUCT Criminal conduct may be classified as follows: Crimes against a personCrimes against propertyCrimes against the government and administration of justiceCrimes against public peace and orderCrimes against realtyCrimes against consumersCrimes against decency
5 EXAMPLES OF CRIMES AGAINST A PERSON Assault and batteryKidnappingMurderRape
6 EXAMPLES OF CRIMES AGAINST PROPERTY Embezzlement (White collar)Theft (Larceny)Robbery (Larceny)Larceny-wrongful taking of money or personal property belonging to someone else, with the intent to deprive the owner of the possession. May or may not be a Felony.
7 EXAMPLES OF CRIMES AGAINST THE GOVERNMENT AND ADMINISTRATION OF JUSTICE PerjuryTax evasion (White collar)Treason
8 EXAMPLES OF CRIMES AGAINST PUBLIC PEACE AND ORDER Disorderly conductIllegal speedingRioting
9 EXAMPLES OF CRIMES AGAINST REALTY ArsonBurglary (Larceny) illegal entryCriminal trespass
10 EXAMPLES OF CRIMES AGAINST CONSUMERS Fraudulent sale of securities (White collar)Violation of pure food and drug laws
11 EXAMPLES OF CRIMES AGAINST DECENCY BigamyObscenityProstitution
12 CLASSIFICATION OF CRIMES FelonyMisdemeanorInfractions
13 FELONYA felony is a crime punishable by confinement for more than a year in a state prison or by a fine of more than $1,000, or both—or even death.
14 EXAMPLES OF FELONIES Arson Burglary Embezzlement Forgery Kidnapping MurderPerjuryRapeRobberyTheft of large sums
15 MISDEMEANORA misdemeanor is a less serious crime. It is usually punishable by confinement in a county or city jail for less than one year, by fine, or both.Examples of misdemeanors include disorderly conduct and speeding
16 INFRACTION Some states classify lesser misdemeanors as infractions. A person convicted of an infraction can only be fined.Because there is not risk of being jailed, the defendant is not entitled to a jury trial.Examples include littering and parking violations.
18 RIGHTS AND RESPONSIBILITIES Rights when arrestedDue processRepresentation by a lawyerResponsibility for the criminal conduct of others
19 DEFENSES TO CRIMINAL CHARGES Procedural defensesSubstantive defenses
20 PUNISHMENTS FOR CRIMES A penalty provided by law and imposed by a court is called a punishment.The purpose is not to remedy the wrong but rather to discipline the wrongdoer.
21 PLEA BARGAININGPlea bargaining is when an accused person agrees to plead guilty to a less serious crime in exchange for having a more serious charge dropped.When plea bargaining the accused gives up the right to a public trial to avoid the risk of greater penalty if convicted.