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Crimes Crimes

Crimes - PowerPoint Presentation

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Crimes - PPT Presentation

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

criminal crime business crimes crime criminal crimes business guilty property defenses duty person intent force evidence theft robbery employees substantive murder commit

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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.Slide6
Slide7

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.Slide20
Slide21

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?