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Chapter 4 The Law.

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Presentation on theme: "Chapter 4 The Law."— Presentation transcript:

1 Chapter 4 The Law

2 Introduction English law is based upon two similar concepts
Common law: tradition or custom Case law: A decision of a judge in the original case becomes a standard for the rest Laws can be violated by acts of omission or commission

3 Utah Law Utah Code Annotated is the statutory law for Utah
Made up of 78 different titles Designates various judicial rules To delineate a specific law, a number system was adopted Title Chapter Section

4 General Provisions Jurisdiction: the right or authority of a government entity to determine the proper location for a trial Limitations are placed on how long the judicial proceedings begin after a crime Prosecution begins when an information is filed Information: a legal document specifying which law has allegedly been violated and what proof there is The right to be free from double jeopardy is also defined

5 Principles of Criminal Responsibility
There are four levels of responsibility in the Utah Code Intentional Knowing Reckless Negligent Prosecution must prove mens rea (guilty mind) and actus rea (guilty act)

6 Elements of a Crime Each statute is composed of elements, each which must be proven in order for the defendant to be found guilty Some elements are always present The issue of court jurisdiction The culpable mental state of the defendant Other elements such as whether the defendant was present or not must be proved also

7 Classification of Criminal Offenses
Criminal acts are classified by the seriousness of the crime Three categories have been established Felony: An offense punishable by a prison sentence Misdemeanor: An offense punishable by a jail sentence Infraction: No jail sentence, fine up to $750

8 Classifications Felony Misdemeanor
Capital: Aggravated Murder First Degree: Murder, aggravated burglary, robbery, kidnapping, rape Second Degree: Manslaughter Sexual abuse, theft of items +$5000 Third Degree: Theft $1000-$5000, Aggravated Assault Misdemeanor Class A: Vehicle burglary, assault on Peace Officer Class B: Assault, Theft < $300 Class C: Disorderly conduct, traffic violations, trespass Infraction: Disorderly conduct where no warning has occurred

9 Inchoate Offenses An offense which has not been completed or finished
Attempted Crime The offender began the crime but wasn’t able to complete it Conspiracy An agreement with one or more persons to commit a crime

10 Crimes Against Persons
Major categories include Assault, Criminal Homicide, Kidnapping, and Sexual Offenses Murder: Intentionally killing someone Manslaughter: Killing someone because of recklessness Kidnapping: The intentional detaining someone Rape: Having sexual intercourse without the victim’s consent Assault: Unlawful force or violence

11 Crimes Against Property
Major categories include Mischief, Burglary, Trespass, Robbery, Theft, and Fraud Arson: Damaging property by use of fire Criminal Mischief: Vandalism or tampering with someone else’s property Burglary: Enters illegally into a building with the intent to commit a crime Criminal Trespass: Enters unlawfully on property knowing it is unlawful Robbery: Taking of personal property by using force Theft: Illegally taking the property of someone

12 Crimes against government and public order
Interfering with an arrest Obstructing Justice Escape False Report of a Crime False Personal Information to a Peace Officer

13 Crimes Against Public Order and Decency
Disorderly Conduct Class C misdemeanor Telephone Harassment Class B misdemeanor Intoxication Lewdness

14 Offenses Against Public Health, Safety, Welfare, and Morals
Includes laws dealing with cigarettes, tobacco, psychotoxic chemical solvents, weapons, gambling, pornography, prostitution, fences, and explosives Anyone who is not a citizen, is addicted to drug, has committed a crime, or is mentally incompetent cannot own a weapon People under 18 can’t have a weapon unless he has the permission of his parent A person can’t carry a loaded firearm in a vehicle or on any public street

15 Alcohol Related Offenses
No one under the age of 21 cannot purchase, solicit, possess, or consume any alcoholic beverage A person is liable if they give, sell, or provide an alcoholic beverage to someone under 21

16 Local Laws and Ordinances
Laws are enacted at all levels of government Examples include: Unlawful acts about schools, or colleges Annoying, disturbing, or molesting those on school grounds Unlawful to idle, wander, or play in any school property without a good reason for being there

17 Expungement The sealing or destruction of a criminal record
Must be 18 years old $25.00 A petition must be filed for each conviction the petitioner wishes to have expunged Can’t expunge capital, first degree, or second degree felony Expungements can’t be considered until a certain amount of time has elapsed, depending on the severity it could be 7 to 15 years

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