5-1 Criminal Law Define the elements present in all crimes - PowerPoint Presentation

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5-1 Criminal Law

Define the elements present in all crimes

Describe crimes that commonly occur in the business environment

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Criminal Law

What’s your verdict?

Davis, the chief accountant of the Del Notre Credit Union, cleverly juggled the company reports over a period of years. During that time, she took at least $35,000 belonging to the credit union. When the theft was discovered by outside auditors, Davis repaid the money with interest.

Has she committed a crime despite the repayment?

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Criminal Law

What makes it a crime?

Punishable offense against society.

We identify, arrest, prosecute, and punish a criminal

Crimes are defined by statute(laws enacted by state or federal legislatures)

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Elements of a Crime

To be convicted of a crime elements must exist

1. a duty to do or not to do a certain thing

2. an act or omission in violation of that duty

3. criminal intent

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Elements of a Crime Cont.

Duty – To establish duty in a trial, the prosecutor cites a statute to the judge.

Violation of the duty – The breach of duty – the specific conduct that violates the statute is the criminal act. Battery is defined in a statute

Criminal intent – (1) intended to commit the act. (2

)

intended to do evil

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Elements of a Crime Cont.

Embezzlement – the criminal conduct of taking another’s property or money by a person to whom it has been entrusted

Corporations can form criminal intent. If employees have criminal intent, then their employer may be judged to have criminal intent. Does the criminal act benefit the organization?

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Elements of a Crime Continued

When corporate employee commits a crime, officers can be held criminally responsible.

Vicarious criminal liability – Vicarious means substituted.

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Elements of a Crime Cont..

Statutes in most states fix the age of criminal liability at 18, but the figure ranges from 16 to 19. State Statutes provide that minors as young as 7 may be tried and punished as adults if they are accused of serious crimes such as murder.

Insane persons are not held responsible for their criminal acts.

Some less serious crimes do not require criminal intent to be proven.(traffic offense)

Careless behavior can be proven as criminal intent.

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Criminal Conduct

1. Crimes against a person (assault and battery, kidnapping, rape, murder)

Crimes against property (theft, robbery, embezzlement)

3. Crimes against government and administration of justice (treason, tax evasion, perjury)

4. Crimes against public peace and order (rioting, disorderly conduct, illegal speeding)

5. Crimes against realty (burglary, arson, criminal trespass)

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Criminal Conduct Cont...

6. Crimes against consumers (fraudulent sale of securities, violation of pure food and drug laws)

7. Crimes against decency (bigamy, obscenity, prostitution)

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Classification of Crimes

What’s your verdict?

Murdock was a witness at a civil trail for damages. Before testifying, he took an oath “to tell the truth, the whole truth, and nothing but the truth.” Nevertheless, while being questioned by one of the attorneys, Murdock deliberately lied, hoping to help the defendant.

If this could be proved, could he be punished for a crime?

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Criminal Conduct

Felony – 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 – even death.

Examples: murder, kidnapping, arson, rape, robbery, burglary, embezzlement, forgery, theft of large sums, and perjury.

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Criminal Conduct Cont...

Misdemeanor – a less serious crime. Punishable by confinement in a county or city jail for less than one year, by fine, or both. Examples: disorderly conduct and speeding.

Infractions – some states classify lesser misdemeanors as infractions. Example: parking violations.

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Business-Related Crimes

White-collar crimes- offenses committed in the business world that do not involve force or violence, do not cause injury to people, and do not cause physical damage to property. Examples: Tax Evasion, fraud, Price fixing, false insurance claims, false advertising, bribery, political corruption, and embezzling.

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Business-Related Crimes

What’s your verdict?

Officers of six competing cosmetics manufacturers met at a trade convention. All of the officers agreed to use the same wholesale prices. They also agreed to follow the lead of the biggest company in making future price changes. Each officer agreed to promote sales by advertising only within an assigned geographical region.

Where the officers and their companies guilty of any crime?

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Business-Related Crimes

Antitrust laws – state that competing companies may not cooperate in fixing prices or in dividing sales regions.

Larceny – (theft) taking of money or personal property belonging to someone else, with intent to deprive the owner of possession.

Robbery- a variation of larceny, the taking of property from another’s person or immediate presence, against the victim’s will, by force or by causing fear.

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Business-related crimes

Burglary – entering a building without permission when intending to commit a crime.

Receiving stolen property – one who receives stolen property is known as a fence.

False Pretenses- receiving money or property by lying about a past or existing fact.

Forgery – falsely making or materially altering a writing to defraud another.

Bribery – unlawful offering or giving anything of value to influence performance of an official.

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Business Related Crime

Computer Crime

It is hard to define and identify

Some states have created new criminal laws to deal with computer crime.

Extortion – (blackmail) is 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 persons to commit a crime.

Arson – is the willful and illegal burning of a building.

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5-2 Criminal Procedure

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

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Rights and Responsibilites

People in the U.S. suspected or accused of criminal conduct have rights that are not available in many other countries.

What’s Your Verdict?

A state law makes “hit and run” driving a crime. The law requires drivers of motor vehicles involved in an accident to stay at the scene, give their names and addresses, and show their driver’s licenses. Barlow, who was arrested for violating this law, claimed that the law was unconstitutional. He said that the law violated his Fifth Amendment right against self-incrimination.

Is he correct?

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Rights when Arrested

Right to Due Process

Cannot be compelled to testify against yourself

Have the right to cross-examine witnesses

Right to be represented by an attorney

Verdict must be “beyond a reasonable doubt”

Right to a trial by jury

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Responsibility for the Criminal Conduct of Others

Accomplices are guilty of a crime

Vicarious liability

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Defenses to Criminal Charges

To escape criminal liability one must establish a defense.

Must produce evidence for a defense.

Two types: Procedural Defense, Substantive Defense.

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Procedural Defense

Based on problems with the way evidence is obtained or the way the accused person is arrested, questioned, tried, or punished.

Ignorance of the law is not a defense.

Your rights must be given when arrested. (procedural violation)

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Substantive Defenses

Disprove, justify or excuse the alleged crime. Most substantive defenses discredit the facts that the state sought to establish.

Self Defense, criminal insanity, and immunity

Immunity granted to testify against someone in court.

If you refuse after agreeing, you can be held in contempt of court.

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closing

A penalty imposed by a court is called punishment.

An accused person may agree to plead guilty to a less serious crime in exchange for having a more serious charge dropped. This is called plea bargaining. Gives up the right to a public trial to avoid the risk of a greater penalty

if convicted.