1. 5-1 Criminal Law 5-2 Criminal Procedure
Chapter 5
CHAPTER 5
Our Criminal Laws
Lessons
5-1 Criminal Law
5-2 Criminal Procedure

2. Criminal Law GOALS LESSON 5-1
CHAPTER 5
4/16/2017
Chapter 5
LESSON 5-1
Criminal Law
GOALS
Define the elements present in all crimes
Describe crimes that commonly occur in the business environment

3. WHAT ARE CRIMES? CRIME - punishable offense against society
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WHAT ARE CRIMES?
CRIME - punishable offense against society
Elements of a crime
Criminal conduct

4. ELEMENTS OF A CRIME Duty - to do or not to do a certain thing
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ELEMENTS OF A CRIME
Duty - to do or not to do a certain thing
Violation of the duty – (criminal act)
Criminal intent – (required in most cases)
Intended to commit the act
Intended to do evil

5. What's your verdict? (pg. 78)
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What's your verdict? (pg. 78)
Davis (chief accountant)
Juggled books and took $35,000 belonging to credit union
Auditors discovered – Davis paid back with interest
Has she committed a crime despite the repayment?

6. What's your verdict? (pg. 78)
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What's your verdict? (pg. 78)
Owed duty (defined by statute)
Act – took money
The criminal conduct of taking another’s property or money by a person to whom it has been entrusted
EMBEZZLEMENT
Intent – intended to do evil

7. CRIMINAL CONDUCT Criminal conduct may be classified as follows:
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CRIMINAL CONDUCT
Criminal conduct may be classified as follows:
Crimes against a person
Crimes against property
Crimes against the government and administration of justice
Crimes against public peace and order
Crimes against realty
Crimes against consumers
Crimes against decency

8. Criminal Intent w/Corporations
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Criminal Intent w/Corporations
Can a corporation form criminal intent?
Yes
If corporation’s employees have criminal intent – employer may be judged to have criminal intent
If employees are carrying out assigned duties and the criminal act benefits the organization

9. Criminal Intent w/Corporations
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Criminal Intent w/Corporations
When a corporate employee commits a crime, can officers be held responsible?
Yes - doctrine of VICARIOUS CRIMINAL LIABILITY
Vicarious - substituted

10. Criminal Intent w/Corporations
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Criminal Intent w/Corporations
President of company is aware of dangerous working conditions
and does nothing. Supervisor fails to take safety precautions and worker is killed.
President  possible homicide charges.

11. Intent / Age 14 years + presumed to know right/wrong
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Intent / Age
14 years + presumed to know right/wrong
7-14 has to be proven
6-19 age of criminal liability
Insane - incapable of intent
Not relieved for involuntary intoxication/drug use

12. EXAMPLES OF CRIMES AGAINST A PERSON
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EXAMPLES OF CRIMES AGAINST A PERSON
Assault and battery
Kidnapping
Murder
Rape

13. EXAMPLES OF CRIMES AGAINST PROPERTY
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EXAMPLES OF CRIMES AGAINST PROPERTY
Embezzlement
Theft
Robbery

14. Chapter 5
EXAMPLES OF CRIMES AGAINST THE GOVERNMENT AND ADMINISTRATION OF JUSTICE
Perjury
Tax evasion
Treason

15. EXAMPLES OF CRIMES AGAINST PUBLIC PEACE AND ORDER
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EXAMPLES OF CRIMES AGAINST PUBLIC PEACE AND ORDER
Disorderly conduct
Illegal speeding
Rioting

16. EXAMPLES OF CRIMES AGAINST REALTY
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EXAMPLES OF CRIMES AGAINST REALTY
Arson
Burglary
Criminal trespass

17. EXAMPLES OF CRIMES AGAINST CONSUMERS
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EXAMPLES OF CRIMES AGAINST CONSUMERS
Fraudulent sale of securities
Violation of pure food and drug laws

18. EXAMPLES OF CRIMES AGAINST DECENCY
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EXAMPLES OF CRIMES AGAINST DECENCY
Bigamy
Obscenity
Prostitution

19. CLASSIFICATION OF CRIMES
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CLASSIFICATION OF CRIMES
Felony
Misdemeanor

20. Chapter 5
FELONY
A 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.

21. EXAMPLES OF FELONIES Arson Burglary Embezzlement Forgery Kidnapping
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EXAMPLES OF FELONIES
Arson
Burglary
Embezzlement
Forgery
Kidnapping
Murder
Perjury
Rape
Robbery
Theft of large sums

22. Chapter 5
PERJURY
the act of lying
under an oath

23. WHAT'S YOUR VERDICT? Murdock was a witness
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WHAT'S YOUR VERDICT?
Murdock was a witness
at a civil trial for damages.
Before testifying, he took an oath
"to tell the whole truth, and nothing but the truth."
Nevertheless, while being questioned
by one of the attornies,
Murdock deliberately lied,
hoping to help the defendant.

24. Chapter 5
MISDEMEANOR
A 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

25. INFRACTION Some states classify lesser misdemeanors as infractions.
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INFRACTION
Some states classify lesser misdemeanors as infractions.
A person convicted of an infraction can only be fined.
Because there is no risk of being jailed, the defendant is not entitled to a jury trial.
Examples include littering and parking violations.

26. BUSINESS-RELATED CRIMES
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BUSINESS-RELATED CRIMES
Larceny
Receiving stolen property
False pretenses
Forgery
Bribery
Computer crime
Extortion
Conspiracy
Arson

27. Chapter 5
White-collar crimes
Offenses committed in the business world are referred to as white-collar crimes
Don’t involve force or violence
Do not cause injury to people
Do not cause physical damage to property

28. Chapter 5
Antitrust Laws
State that competing companies may not cooperate in fixing prices or in dividing sales regions
Require that business business firms compete with one another

29. Chapter 5
Larceny (robbery)
The taking of property from another’s person or immediate presence, against the victim’s will, by force or by causing fear

30. Chapter 5
Larceny (burglary)
Entering a building without permission when intending to commit a crime

31. Chapter 5
False pretenses
When one who obtains money or other property by lying about a past or existing fact
Differs from larceny because the victim parts with the property voluntarily
A type of fraud

32. Forgery Falsely making or materially altering to defraud another
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Forgery
Falsely making or materially altering to defraud another
Most commonly found on checks when one signs another’s name without permission to do so

33. Chapter 5
Bribery
Unlawfully offering or giving anything of value to influence performance of an official
Soliciting or accepting the bribe is also criminal

34. Chapter 5
Computer crime
Larceny when stealing computer data is harder to prosecute
Courts conclude that there is not a “taking” of personal property if the data is copied and deleted

35. Extortion Commonly known as blackmail
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Extortion
Commonly known as blackmail
Obtaining money or other property from a person by wrongful use of force, fear, or the power of office
The extortionist may threaten to inflict bodily damage
Exposing an embarrassing fact

36. Conspiracy An agreement between two or more persons to commit a crime
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Conspiracy
An agreement between two or more persons to commit a crime
Usually agreement is secret
The conspiracy is a crime separate from the crime parties planned to commit
Crime could be a felony or a misdemeanor

37. Arson The willful and illegal burning of a building
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Arson
The willful and illegal burning of a building
Occurs when someone intentionally starts a fire and burns a structure without the owner’s consent

38. Criminal Procedure GOALS LESSON 5-2
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LESSON 5-2
Criminal Procedure
GOALS
Know the rights a person has when arrested
Recognize a person’s potential criminal liability for the actions of others
Understand the justifiability of the common defenses to criminal charges

39. Constitutional Rights
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Constitutional Rights
Authors of our Constitution believed it was better for society to give individuals too much liberty than to allow the government too much power.
Probable Cause - a reasonable ground for belief

40. Chapter 5
Agree / Not Agree
During a routine traffic stop of a small truck for speeding, an officer became suspicious of the cargo the truck contained due to a smell coming from inside. When his request to search the truck was refused, the officer radioed for the assistance of a drug dog. Unfortunately, the dog was unavailable.

41. Chapter 5
Agree / Not Agree
Finally, he ordered the driver to open the cargo area. When the driver did so, the officer found more than a ton of marijuana.
At trial, the defense attorney maintained that it was an illegal search and seizure and that the marijuana should not be allowed to be used as evidence.

42. Chapter 5
Agree / Not Agree
Search was deemed unreasonable as it lacked probable cause
 marijuana could not be used as evidence

43. Rights Convict a person of a crime – evidence must establish guilt
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Rights
Convict a person of a crime –
evidence must establish guilt
“beyond a reasonable doubt”
Right to a trial by jury
-- prosecutor or defendant can request
Guilty Verdict
-- only if all jurors vote to convict

44. RIGHTS AND RESPONSIBILITIES
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RIGHTS AND RESPONSIBILITIES
Rights when arrested
Due process (probable cause)
Representation by a lawyer (private /court-appointed)
Responsibility for the criminal conduct of others
Accomplice – knowingly aids in the commission of crime (also guilty of criminal wrongdoing)

45. DEFENSES TO CRIMINAL CHARGES
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DEFENSES TO CRIMINAL CHARGES
DEFENSE – a legal position taken by an accused to defeat the charges against him/her
Procedural defenses – based on problems with the way evidence is obtained or the way an accused person is arrested, questioned, tried or punished
confessing to a crime because of police threats

46. DEFENSES TO CRIMINAL CHARGES
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DEFENSES TO CRIMINAL CHARGES
Substantive defenses – disprove, justify, or excuse the alleged crime
Alibi
Self defense – only non-deadly force if reasonable sufficient
Criminal insanity – know right from wrong
Immunity – freedom from prosecution even when one has committed the crime

47. Contempt of Court – action that hinders the administration of justice
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Contempt of Court – action that hinders the administration of justice
 crime punishable by imprisonment

48. PUNISHMENTS FOR CRIMES
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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.

49. Chapter 5
PLEA BARGAINING
Plea 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.

50. Chapter 5
The Ripple Effect