CRIMES AGAINST PROPERTY
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Transcript of CRIMES AGAINST PROPERTY
CRIMES AGAINST PROPERTY
Civil Rights and Criminal Law
4th Amendment – protects against unreasonable searches and seizures and requires probable cause
5th Amendment – due process, double jeopardy, protection against self-incrimination
6th Amendment – right to trial by jury, right to speedy trial, right to counsel, right to confront accuser
8th Amendment – freedom from cruel and unusual punishments and freedom from excess bails
14th Amendment – incorporates equal protection and due process to the states
3 categories of punishmentFelony• More than one year in state or federal prison• May impact a person’s ability to obtain certain types
of employmentMisdemeanor• Less than one year in jail• May sometimes be served in local or county jail
instead of state prisonViolation• Fine • Citation
2 categories of crime
Crimes against property are crimes that involve a person’s things: money; personal property; land; etc.
Crimes against the person are crimes that violate a person’s body, health or safety.
Crimes Against Property• Arson• Vandalism• Larceny• Embezzlement• Robbery• Burglary• Extortion (Blackmail)• Cybercrime
LarcenyLarceny is the unlawful taking and carrying away of the property with the intent to permanently deprive the owner of it.• Robbery – forcible taking of property from
someone’s person• Burglary – breaking and entering a dwelling
with intent to commit a crime therein• Shoplifting – taking items from a store
without paying or intending to pay for them
Robbery in Oregon
First Degree Robbery• Use of dangerous weapon• Causes physical injury• Class A felony
Second Degree Robbery• Threatens use of dangerous weapon• Threat of injury• Class B felony
Third Degree Robbery• Takes property from the person• Prevents person from holding onto property• Class C felony
ShopliftingProblem 10.2 a. Why do you think people shoplift? Why do so many
teens shoplift? List the reasons.b. What could be done to address each of the reasons
for shoplifting? Which most effective and why?c. If you saw a stranger shoplifting, what would you
do? Would your answer be different if you knew the person?
d. A movie star is caught shoplifting with thousands of dollars worth of merchandise. It is her first offense. What penalty should she receive? Would the penalty be different if she was not famous?
Shoplifting
Challenge question:
As John is shopping at Target, he places 2 DVDs in his backpack, intending to steal them. A store detective follows him around the store and stops John just before John gets to the front door. What crime, if any has John committed? Explain your answer.
Arson and Vandalism
*Both deal with destruction of property*Arson- willful or malicious burning of a person’s property• Crime even if property is burned by owner• May also involve a separate fraud crime if burned
to collect insuranceVandalism – willful destruction or damage to property• Can be a felony or a misdemeanor, depending
on extent of damage
Arson in OregonArson in the Second Degree • starting a fire or causing an explosion, the person
intentionally damages property of another:• Damage exceeds $750; OR• manufacture of methamphetamine• Class C felony – usually 1-5 years in prison
Arson in the First Degree• starting a fire or causing an explosion, the person
intentionally damages protected property:• Causes bodily injury• Injuries police officer or firefighter acting in the line of
duty• Class A felony - could be up to 25 years in prison
Cybercrimes
• New crimes have arisen due to technology• Spamming, worms and viruses, phishing• Music piracy• Transmission of obscene material• Hacking and computer fraud
Advocacy Activity
Team 1: For a-d, argue that each should be a crimeTeam 2: For a-d, argue that each should not be a crimeTeam 3: For e-h, argue that each should be a crimeTeam 4: For e-h, argue that each should not be a crime
Questions or comments?
Questions about law school?