CrimesWhat 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.

Whether you performed an act or omission in violation of that duty.

Whether or not you had Criminal Intent.

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. 1st degree murder vs. manslaughter. Typically have to be 18, and it’s the state of mind and motive behind the act.

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 corporation

Businesses If a corporation’s employees

commit a crime corporate officers can be held criminally responsible. (Doctrine of Vicarious Criminal Liability)

Vicarious means substituted.

ProblemDavis, 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?

Types of Criminal ConductCrimes 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, prostitution

Examples Embezzlement Treason Tax Evasion Bigamy Obscenity

What Country has the lowest crime rate?

Watch This!

Who will investigate Crimes?

The police will investigate criminal matters, but will not investigate civil matters.

3 Classifications of CrimesFelony –

Serious crime punishable by either confinement for more than 1 year in state prison or by execution

Misdemeanor Less serious crime punishable

by:1. Confinement in county and

city jail less than 1 year. 2. Fine3. 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)

STATES WITH THE DEATH PENALTY

AlabamaArizonaArkansasCaliforniaColoradoConnecticutDelawareFloridaGeorgiaIdahoIndianaKansasKentucky

LouisianaMarylandMississippiMissouriMontanaNebraskaNevadaNew HampshireNorth CarolinaOhioOklahomaOregon

PennsylvaniaSouth CarolinaSouth DakotaTennesseeTexasUtahVirginiaWashingtonWyomingALSO- 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) 

With a partner classify the following as either a FELONY or MISDEMEANOR and explain your answers.

Activity

Animal Cruelty TheftPublic Drunkenness TerrorismTrespassing BurglaryArson Indecent exposure

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).

Source: U.S. Department of Justice, Bureau of Justice Statistics, National Crime Victimization Survey

Type of Business/White Collar Crimes

Crime DefinitionLarceny Wrongful 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 official

Type of Business/White Collar Crimes (cont.)

Crime DefinitionComputer Crime

Stealing of computer data and other theft related to technology

Extortion 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 building

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.

Business Related CrimesLarceny Felony or

Misdemeanor

False Pretenses Misdemeanor

Bribery Felony

Conspiracy Felony or Misdemeanor

Buy/Sell Narcotics Felony

Receive Stolen Property

Felony or Misdemeanor

Forgery Felony

Extortion Felony or Misdemeanor

Arson Felony

Computer Crime Felony or Misdemeanor

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.

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.

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??

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.

What are Your Rights when Arrested?

Due Process - fairness in investigation and in court

• Evidence 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)

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 Defenses Substantive Defenses

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.

Substantive Defenses

They disapprove, justify, or excusethe 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.)

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?

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.

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 prosecution 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 Defenses

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 BARGAIN

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?