Chapter 4. Criminal Law and Procedure

Transcription

1 Chapter 4 Criminal Law and Procedure

2 Section 1 Criminal Law

3 GOALS Understand the 3 elements that make up a criminal act Classify crimes according to the severity of their potential sentences Identify the types of crimes that affect businesses.

4 Characteristics of a Crime Definition: Punishable offense against society. Police and Prosecutors attempt to punish the criminal. Efforts are designed to protect society, not the victim.

5 Elements of Criminal Acts Before you can be convicted of a crime, the prosecutors must prove these 3 elements regarding your behavior at the trial: 1. Whether you were aware of your duty to do or not to do a certain thing. 2. Whether you performed an act or error in violation of that duty. 3. Whether or not you had criminal intent. i. Intended to commit the act AND ii. Intended to do evil

6 Can organizations form criminal intent the way humans can? Yes!

7 When an organization s employees commit a crime, can officers be held criminally responsible? YES! The officer will be held criminally liable under the doctrine of vicarious criminal liability.

8 Criminal Intent Continued Under Early Common law children were considered 7 and under. 7 to 14yrs had to prove they knew better. Now in most states, the fix age of criminal liability is 18. *Range from Adult crime = juvenile delinquency Insane people are NOT held responsible for their criminal acts. Criminal intent is NOT required for some minor crimes. *Speeding

9 Crime Classification Felony Punishment: State prison more than 1 year and/or fine $1,000 or even death Ex: murder, arson, rape, robbery, kidnapping, forgery, theft, perjury. Misdemeanor Punishment: City or county jail for less than 1 year and/or fine Ex: Speeding, disorderly conduct. Infractions- only fined. Ex: parking ticket.

10 Business-Related Crimes White-Collar Crimes offenses committed in the business world. Don t involve force, physical injury to people or property. Larceny (theft)- Taking something that is not yours. Robbery: stealing by force or fear. Burglary: entering a building w/out permission when intending to commit a crime. Selling stolen property: thief selling stolen goods

11 Business-Related Crimes Cont.. Fence: Receiving stolen property False Pretenses: Letting someone give up something voluntarily by lying to them Forgery: falsely making or materially altering a writing to defraud another. Turning $7.00 into $700 Bribery: offering or giving anything of value to influence performance of an official. *Foreign Corrupt Practices Act of 1977

12 Business-Related Crimes Cont.. Computer Crime: Stealing data Extortion: blackmail Conspiracy: An agreement between 2 or more people to commit a crime. Arson: Burning a building

13 Chapter 4 Section 2 : Criminal Procedure

14 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 2 types of defenses to criminal charges

15 During a routine traffic stop of a small truck for 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. 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 found should not be allowed to be used as evidence. Agree?

16 Rights of the Accused The authors of the Constitution believed it was better for society to give individuals too much liberty than to allow to gov. too much power

17 Rights of the Accused Our constitutional right to due process requires fairness in governmental action. Fair procedures during an investigation and in court. Criminal defendants do NOT have to testify against themselves. Evidence presented against them cannot be developed by unreasonable searches and seizures by the authorities. Representation of a lawyer

18 Rights of the Accused Only convicted when established guilty beyond a reasonable doubt Trial by jury In criminal jury trials, the defendant usually is found guilty only if all the jurors vote to convict.

19 Responsibility for the Criminal Conduct of Others If you knowingly help another in committing a crime, you are also guilty.

20 Will and Zack were arrested for stealing a car. Both 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 to their right to remain silent and to have a lawyer present when questioned. If true, are those good defenses?

21 Defense of Criminal Charges Defense: a legal position by the accused to defeat the charges against him/her. Procedural defenses: problems with process of being arrested, questioned, tried, or punished. *Miranda rights *The legal system assumes everyone knows the law. Substantive defenses: disprove, justify, or excuse the alleged crime. Ex: Alibi, Self-defense, criminal insanity, immunity.

22 Ways to get Immunity Agreeing to testify against someone else If a witness who refuses to testify after the grant of immunity is in contempt of court.

23 Punishments for crimes Purpose: Discipline the wrongdoer. Also, deter others from similar behavior. Fines Imprisonment Death Bargaining: Plead guilty to a less serious crime in exchange for more serious charges to be dropped.