Chapter 8 Criminal Wrongs Civil and Criminal Law Civil (Tort) Law Spells our the duties that exist between persons or between citizens and their governments, excluding the duty not to commit crimes. In a civil case, damages are awarded to compensate those harmed by others wrongful acts, or equitable remedies may be granted. Criminal Law Has to do with crimes, which are defined as wrongs against society proclaimed in statutes and, if committed, punishable by society through fines and/or imprisonment-- and, in some cases death. Because crimes are offenses against society as a whole, they are prosecuted by a public official, not by victims. Classification of Crimes Felony - A crime -- such as murder, rape, or robbery -- that carries the most severe sanctions; ranging from one or more years of prison to forfeiture of one s life. Misdemeanor - A lesser crime -- such as a disorderly conduct, trespass or petty theft -- punishable by fine or confinement up to one year. Petty offenses (traffic fines) are a subset of misdemeanors, comprise the least serious criminal offenses. 1
Essentials of Criminal Liability An actus reus, performance of a prohibited act (or failure to perform a required act) is required in most crimes. The mens rea, state of mind or intent is also an essential element of most crimes. Criminal Procedures Constitutional safeguards apply in all federal and most other courts. The Fourth, Fifth, Sixth, and Eighth Amendments to the US Constitution (Exclusionary Rule). Criminal process must include a proper arrest (probable cause, Miranda Rule), indictment (or information), and speedy trial. In Miranda v. Arizona, the United States Supreme Court ruled that individuals must be informed of their constitutional rights on being taken into custody. Federal sentencing guidelines establish a range of possible penalties for each federal crime. Major Steps in Processing a Criminal Case Arrest Booking Preliminary Hearing Grand Jury Review Initial Appearance Prosecutor Review Arraignment Plea Bargain Trial Guilty Plea 2
Forgery The fraudulent making or altering of any writing in a way that changes the legal rights and liabilities of another. Robbery The forceful and unlawful taking of personal property of any value from another. Burglary At common law, defined as breaking and entering the dwelling of another at night with the intent to commit a felony. Larceny The wrongful or fraudulent taking and carrying away of another s personal property with the intent to deprive the owner permanently of the property. Obtaining Goods by False Pretenses Such as cashing a check knowing that there are insufficient funds in the bank to cover it. Receiving Stolen Goods A crime if the recipient knew or should have known that the goods were stolen. Embezzlement The fraudulent appropriation of another person s property or money by a person to whom the property or money was entrusted. 3
Arson The willful and malicious burning of a building or (in some states) personal property owned by another. Mail and Wire Fraud Using the mails, wires, radio, or television to defraud the public. Computer Crime Any act that is directed against computers and/or computer parts, that uses computers as instruments of crime, or that involves computers and constitutes abuse. Bribery Includes bribery of public officials, commercial bribery, and bribery of foreign officials. Bankruptcy Fraud Encompasses crimes committed in connection with bankruptcy proceedings, including false claims of creditors and fraudulent transfers of assets by debtors. 4
Money Laundering Establishing legitimate enterprises through which dirty money (obtained through criminal activities) can be laundered. Insider Trading The buying or selling of corporate securities by a person in possession of material nonpublic information in violation of securities laws. RICO - Racketeer Influenced and Corrupt Organizations Act Purpose is to curb entry of organized crime into legitimate businesses. RICO incorporates 26 federal crimes and 9 state felonies by reference; if anyone commits two or more of these crimes, it constitutes racketeering. RICO prohibits the use of racketeering or income from racketeering from being used to own or influence any legitimate business. DEFENSES TO CRIMES The most important defenses to criminal liability are: Infancy Intoxication Insanity Mistake Consent Duress Justifiable use of force Entrapment Statute of limitations Immunity 5