Chapter 4 3/24/2015 HOT DEBATE HOT DEBATE HOT DEBATE. FOCUS What is a crime? WHERE DO YOU STAND? CHAPTER 4 Criminal Law and Procedure

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1 3/24/2015 CHAPTER 4 Criminal Law and Procedure 4-1 Criminal Law 4-2 Criminal Procedure 4-1 Criminal Law GOALS Understand the three elements that make up a criminal act Classify crimes according to the severity of their potential sentences Identify the types of crimes that affect business Slide 2 HOT DEBATE Sixteen-year-old Brittany s parents were hit and killed by Ann, a 21-yearold intoxicated driver trying to speed away from police. Ann s attorneys were able to have blood tests evidence that showed intoxication thrown out at trial. She was convicted only of two counts of second-degree manslaughter and leaving the scene of an accident. HOT DEBATE After serving a week of shock jail time, she was set free on probation. Outraged at what she termed the failure of the legal system, Brittany took her foster parent s car and ran Ann over in the street as she left the jail. Ann was crippled for life as a result. Slide 3 Slide 4 HOT DEBATE WHERE DO YOU STAND? FOCUS What is a crime? Was Brittany morally justified in her actions? What action should the law take against Brittany? Slide 5 Slide 6 1

2 3/24/2015 O Brien, vice president at the Del Norte Credit Union, cleverly juggled the company books over a period of years. During that time, he took at last $135,000 belonging to the credit union. When the theft was discovered by outside auditors, O Brien repaid the money with interest. Has he committed a crime despite the repayment? Slide 7 CRIMES AND CRIMINAL BEHAVIOR Elements of criminal acts Duty A duty to do or not do a certain thing Violation of the duty An act of omission in violation of that duty Criminal intent Slide 8 What three elements must be proven at trial before someone can be convicted of a crime? Murdock was a witness at a civil trial for damages. Before testifying, he took an oath to tell the truth, the whole truth, and nothing but the truth. Nevertheless, while being questioned by the attorneys, Murdock deliberately lied, hoping to help the defendant. Slide 9 What crime has Murdock committed? Slide 10 CLASSIFICATIONS OF CRIMES Felony Confinement of greater than 1 year Fine greater than $1,000 or both Misdemeanor Confinement less than 1 year Fines less than $1,000 or both Name the two categories of crimes classified by the severity of their potential sentences. Slide 11 Slide 12 2

3 3/24/2015 Officers of six competing cosmetics manufacturers met at a trade convention. All of the officers agreed to use the same wholesale prices. They also agreed to follow the lead of the biggest company in making future price changes. Each officer agreed to promote sales by advertising only within an assigned geographical region. Slide 13 Have the officers and their companies committed any crime? What crime? Slide 14 BUSINESS-RELATED CRIMES Larceny (theft) Receiving stolen property False pretenses Lying about the facts of an issue Forgery Bribery Computer crime Extortion Conspiracy Arson Name the types of businessrelated crimes. Slide 15 Slide 16 During a routine traffic stop of a small truck speeding, an officer became suspicious of the cargo the truck contained due to a smell coming from inside. When his request to search the truck was refused, the officer radioed for the assistance of a drug dog. Unfortunately, the dog was unavailable. Slide 17 Finally, he ordered the driver to open the cargo area. When the driver did so, the officer found more than a ton of marijuana. At trial, the defense attorney maintained that it was an illegal search and seizure and that the marijuana should not be allowed to be used as evidence. Do you agree? Why or why not? Slide 18 3

4 3/24/ Criminal Procedure GOALS Know the rights a person has when arrested Recognize a person s potential criminal liability for the actions of others Name and describe the two types of defenses to criminal charges FOCUS Why is it important for individuals to have protection from certain government actions? Slide 19 Slide 20 RIGHTS AND RESPONSIBILITIES Rights of the accused You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to be speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you at government expense. Slide 21 RIGHTS AND RESPONSIBILITIES Responsibility for the criminal conduct of others Aiding a criminal Slide 22 Corporate officers Slide 23 What constitutional rights would you have if you were accused of a crime? Will and Zack were arrested for stealing a car. Both signed confessions 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? Slide 24 4

5 3/24/2015 DEFENSES TO CRIMINAL CHARGES Procedural defenses Substantive defenses Self-defense Criminal Insanity Immunity Name the two defense categories and give an example of each. Slide 25 Slide 26 To conserve water, a city ordinance prohibited the practice of allowing water to run into the street and sewers. Gill turned the water sprinklers on in her garden and forgot to turn them off. The water ran into the street all night. Gill was cited for violating the ordinance. What is an appropriate penalty for this type of offense? Slide 27 PUNISHMENTS FOR CRIMES Fines Imprisonment Execution Plea Bargaining Slide 28 Slide 29 What is the purpose of punishment for a crime? Slide 30 Vocabulary Crime Criminal Act Embezzlement Vicarious criminal activity Felony Perjury Misdemeanor Infraction Arson White collar crimes Antitrust laws Robbery Burglary False pretenses Forgery Bribery Extortion Conspiracy 5

6 3/24/ Javonne Benson was indicted for felony-murder and robbery. Under the felony-murder law, a perpetrator of certain felonies can be charged with murder if a person is killed during the commission of a felony included in the law. The victim was killed accidentally during a robbery committed by Benson. Robbery is one of New York s felony-murder felonies. Benson claims that the law was unconstitutional because the statute does not contain an element of intent to kill. Is it? 2 Terry Briggs, a 23-year-old computer programmer, was hired by the Scarborough Group, Inc., an investment firm, to program and design software to maintain the company computer system. As part of his job, he placed passwords on files to secure data. The management of the entire computer system was entrusted to Briggs. Following a dispute with the company, after which Briggs resigned, the company found that it could not access its own files because of passwords that Briggs had placed on them that he would not reveal to the company. Slide 31 [People v. Benson, 480 N.Y.S. 2d 811 (N.Y. App. Div. 1984)] Slide 32 The police were called and Briggs was charged with intentionally, willfully, and without authorization accessing a computer system to interrupt the operation of the business. Briggs argued that he was not guilty, reasoning that the statute was not intended to apply to authorized computer users who, arguably, used their positions to cause harm to their employers by misusing the computer. The state argued that Briggs was guilty of unauthorized access, because although Briggs was authorized to access the computer system, he was not authorized to access the system in such a way as to interrupt the operation of the computer services of the system. Should Briggs be convicted? Slide 33 [Briggs v. State, 348 Md. 470 (1998)] 3 Jim Atkins is accused of setting the fire that burned his ex-wife s mobile home. Jim s son, who will still be considered a minor for another ten months, lives with his dad. After the first day of trial, Jim convinces his son to confess to setting the fire because at the end of ten months, that juvenile record would be discarded. Is this a good defense for Jim? If the matter ends up in juvenile court with his son, could any of this information be used against Jim should he be involved in another arson years later? Slide 34 4 On Saturday after the annual dues meeting of the Grange, the treasurer stopped at a food mart for gasoline and some groceries. Being low on cash, he used the collected money to pay his bill and replaced it on Monday when he received his paycheck. Has a crime been committed? Slide 35 6