crimes_against_property_and_defenses.ppt

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    The category of crimes against propertyincludes two groups:

    crimes in which property is destroyed and crimes in which property is stolen or taken against

    the owner's will.

    During the late 1990s, there were fewercrimes against property, in part becauseAmericans developed better ways to preventthese crimes

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    Arson and vandalism are examples of crimesinvolving the destruction of property.

    Arson is the intentional and malicious burningof another person's property.

    In most states it is a crime to burn anybuilding or structure, even if the personsetting the fire is the owner.

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    Most states identify larceny as either grand orpetty.

    Grand larceny

    which is a felony

    occurswhen anything above a certain value isstolen.

    Usually the amount is over $100. Petty larceny is a misdemeanor that involves

    the theft of anything of small value.

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    Shoplifting is a form of larceny Concealment is similar to larceny, but a

    separate crime. Concealment is when an attempt to shoplift

    occurs. Nearly half of all high school students report

    they have shoplifted within the last 12months

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    Robbery is the taking of property from aperson's immediate possession by using force

    or threats, and is therefore also a crimeagainst a person. The difference between larceny and robbery

    is the use of force

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    Extortion, which is also called blackmail,takes place when one person uses threats to

    obtain another person's property. The threats may include harm to the victim's

    body, property, reputation, or loved ones.

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    Burglary is the unlawful entry into anydwelling or structure with the intention to

    commit a crime. A person who is entrusted with property but

    then takes it unlawfully is guilty ofembezzlement.

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    Other crimes against property include

    forgery,

    receiving stolen property, and

    unauthorized use of a vehicle.

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    The Internet has led to an increase incybercrime, which is any unlawful use of a

    computer or computer technology. Identity theft often involves the use of a

    computer. Cybercrime also includes illegal downloading,

    illegal copying of software, and theintentional spreading of a computer virus.

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    To win a conviction in a criminal case, theprosecutor must prove beyond a reasonable

    doubt that the defendant committed thecrime with the required intent. The defendant does not have to present a

    defense, but if he or she does, there are anumber of possible defenses available.

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    When there is confusion or doubt about whocommitted a crime, the defendant may try to

    prove that there has been a case of mistakenidentity and that he or she was not the personresponsible for the crime.

    An alibi must be presented (evidence that thedefendant was somewhere else when thecrime occurred)

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    The defendant may decide to try to provethat

    (1) no crime was committed, or (2) there was no criminal intent because the act

    was simply committed by mistake.

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    Today, DNA testing can sometimes be usedto prove whether or not the defendant was

    responsible.

    In recent years, some people convicted ofcrimes have been able to prove theirinnocence because of this testing.

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    The law allows people to use deadly forcewhen their own or someone else's life is in

    danger. The law also permits people to use reasonable

    force to protect themselves, their property,and others from harm.

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    Sometimes a criminal act may be consideredexcusable or justifiable.

    This type of defense includes self-defenseand defense of property and others.

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    In this type of defense, the defendantacknowledges that he or she committed the

    act but argues that there are reasons the lawshould not consider the defendant criminallyresponsible.

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    Infancy: when a person is considered not yetlegally responsible for their actions

    Intoxication: the defendant was so high ordrunk at the time that they did not knowwhat they were doing makes them unable to

    Insanity: based on the idea that thedefendant could not tell right from wrong

    Example

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    Entrapment: the defendant commits thecrime but say they were forced to do so by a

    law enforcement officer. Duress: the defendant claims they had to do

    something because of threat to their own life