What is a Crime Punishable offense against society Designed to protect society from the criminal Elements of Criminal Acts Whether you had a duty imposed by a criminal statute to do or not to do a certain thing ID: 325278
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Slide1
Crimes
What is a Crime????Punishable offense against society.Designed to protect society from the criminal. Slide2
Elements of Criminal Acts
Whether you had a duty
imposed by a criminal statute 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.Slide3
Elements
Duty: Everyone has a DUTY to abide by the law. If not, you might be charged with a crime.Violation of the Duty:
a BREACH of Duty is a criminal act (i.e. causing bodily harm, robbery, etc.)
Criminal Intent
:
this determines the level of seriousness (i.e. 1
st
degree murder vs. manslaughter. Typically have to be 18, and it’s the state of mind and motive behind the act.Slide4
Business Crimes
Corporations are legal entities and they can posses criminal intent:If corporations employees have criminal intent.
If employees were doing assigned duties and criminal acts benefited the corporationSlide5
Businesses
If a corporation’s employees commit a crime corporate officers can be held criminally responsible. (Doctrine of Vicarious Criminal Liability)
Vicarious means substituted.Slide6Slide7
Problem
Davis, the chief accountant of the Del Norte Credit Union, cleverly juggled the company records 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?Slide8
Types
of
Criminal
Conduct
Crimes Against
Type
of Crime
A person
Assault and battery, kidnapping,
rape, murder
Property
Theft, robbery, embezzlement ($$)
Government and administration of justice
Treason, tax evasion, perjury
Public peace and order
Rioting, disorderly conduct,
illegal speeding
Realty
Burglary, arson, criminal trespass
Consumers
Fraudulent sale of securities, violation
of pure food and drug laws
Decency
Bigamy, obscenity,
prostitutionSlide9
Examples
EmbezzlementTreasonTax EvasionBigamy
ObscenitySlide10
What Country has the lowest crime rate?
Watch This!Slide11
Who will investigate Crimes?
The police will investigate criminal
matters, but will
not
investigate civil matters.Slide12
3 Classifications of Crimes
Felony –
Serious crime punishable by either confinement for more than 1 year in state prison
or
by execution
Misdemeanor
Less serious crime punishable by:
Confinement in county and city jail
less
than 1 year.
Fine
Both
Infractions
lesser misdemeanors that if convicted
can only result in fines
.
NOTE: A person charges with an infraction is
not
entitled to trial by jury since they cannot be imprisoned. (Parking, Littering)Slide13
STATES WITH THE DEATH PENALTY
Alabama
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
Florida
Georgia
Idaho
Indiana
Kansas
Kentucky
Louisiana
Maryland
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
North Carolina
Ohio
Oklahoma
Oregon
Pennsylvania
South Carolina
South Dakota
Tennessee
Texas
Utah
Virginia
Washington
WyomingALSO- U.S. Gov't- U.S. Military
STATES WITHOUT THE DEATH PENALTY (YEAR ABOLISHED IN PARENTHESES)
Alaska (1957)
Hawaii (1957)
Illinois (2011)
Iowa (1965)
Maine (1887)
Massachusetts (1984)
Michigan (1846)
Minnesota (1911)
New Jersey (2007)
New Mexico* (2009)
New York (2007)#
North Dakota (1973)
Rhode Island (1984)**
Vermont (1964)
West Virginia (1965)
Wisconsin (1853)
ALSO
- Dist. of Columbia (1981) Slide14
With a partner classify the following as either a FELONY or MISDEMEANOR and explain your answers.
ActivityAnimal CrueltyTheftPublic Drunkenness
Terrorism
Trespassing
Burglary
Arson
Indecent exposureSlide15
Business Related Crimes
Business related crimes are often called White Collar Crimes –Non-violent crimes committed by businesses or business people or against businesses.
“A crime committed by a person of respectability and high social status in the course of his occupation" (Edwin Sutherland 1939).Slide16
Source: U.S. Department of Justice, Bureau of Justice Statistics, National Crime Victimization SurveySlide17
Type of Business/White Collar Crimes
CrimeDefinitionLarcenyWrongful taking of money or personal property (similar to robbery/burglary)
Receiving Stolen Property
Knowingly
receiving stolen property
False Pretenses
Obtaining
money/property by lying about a past/existing fact (type of fraud)
Forgery
Falsely making or altering to defraud another (altering
a check amount)
Bribery
Unlawfully
offering or giving anything of value to influence performance of an officialSlide18
Type of Business/White Collar Crimes (cont.)
CrimeDefinitionComputer CrimeStealing of computer data and other theft related to technologyExtortion
Obtaining $$ or property from a person by wrongful use of force, fear or power of office
Conspiracy
An agreement between two or more persons to commit a crime
Arson
Willful and illegal burning of a buildingSlide19
The head of a labor union threatened to call a costly strike among employees of the company unless she was paid $10,000 by the employer.
This was extortion.Slide20Slide21
Did You Know??
When one person helps another commit a crime they are also guilty of wrongdoing. One who plans the crime or intentionally helps is guilty of the same crime.In most jurisdictions if someone is killed during the commission of a felony, all the people who participated are guilty.Slide22
Question??
Musk, a career criminal, planned a bank robbery. He sent Spiro and Adams to do the “job”. He also had Greene steal a car and serve as chauffeur and lookout. Spiro killed a bank guard during the getaway. Who is guilty of what crimes?ALL are charged with car theft, armed robbery, murder.Slide23
Question??
Joe agrees to let Mary copy from his test paper. They are caught in the act and both fail the test. Why does Joe also fail?What happened in
Texas
??Slide24
What about business??
Corporations can be criminally liable for the conduct of it’s employees.Officers of Corporation may be criminally liable for the actions of their managers.Slide25
What are Your Rights when Arrested?
Due Process - fairness in investigation and in courtEvidence presented against them cannot be developed by unreasonable search and seizures. They must have probable cause.Right not to
self-incriminate (you do NOT have to testify)
Legal
representation. (your own or appointed)Slide26
Procedural Criminal Charges
Defendant must be proven guilty beyond a reasonable doubt. (No sufficient basis placed in evidence that would logically indicate that the defendant did not commit the crime.)Procedural DefensesSubstantive DefensesSlide27
Procedural Defenses
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.
Example
: statute of
limitations on bringing charges.Slide28
Substantive Defenses
They disapprove, justify, or excuse
the alleged crime. They
discredit
the facts
of the case.
Self-defense
,
criminal insanity
and
immunity
are substantive defenses
Example
: degrees of murder (intent, where it happened, circumstances involved, etc.)Slide29
Question??
Will and Zack, who were arrested for possession of cocaine, signed a confession at the police station. At their trial, they claimed that their right to due process had been violated. They said they had not been advised of their right to remain silent and to have a lawyer present when questioned. If true, are those good defenses?Slide30
Substantive Defenses
Self-Defense
Is the use of the force that appears to be reasonably necessary to the victim to prevent death, serious bodily harm, kidnapping, or rape.
One may not use deadly force if non-deadly force appears reasonable.
Only nondeadly force may be used to protect or recover property.
This defense extends to members of one’s family and household and to others who one has a legal duty to protect.Slide31
Criminal
Insanity
Generally exists when the
accused does not
know the difference between right and wrong
.
If this is true there can be
no criminal intent
.
Immunity
Is
freedom from prosec
ution even when one has committed the crime charged. It is exchanged for testimony
Grants immunity
to remove the privilege against self-incrimination.
CONTEMPT OF COURT
if refuse to testify after being granted immune.
Substantive
DefensesSlide32
Punishment
The purpose is to discipline the wrongdoer. Punishment should deter others from similar behavior.
Often the accused voluntarily gives up the right to a public trial to avoid the risk of a greater penalty if convicted. They plead guilty to a less serious crime.
OVER 90% RESULT IN A
PLEA BARGAINSlide33
Class Work
Your Legal Vocabulary (p. 76, #1-11) Think Critically About Evidence (p. 77-78: #18, 19, 22) WRITING ASSIGNMENT: Write ½-1 page essay reviewing a case from the following Cyberlaw website: http://www.usdoj.gov/criminal/cybercrime/. Do you agree? Should it be appealed if the verdict was guilty? Was their procedural or substantive evidence withheld?