Chapter 4-1 Criminal Law
Crime A punishable offense against society Before anyone can be convicted of a crime, three elements usually must be proved at trial. 3 Elements of a crime: 1. A duty to do or not to do a certain thing (don t kill) 2. An act or omission in violation of that duty (you kill anyway) 3. Criminal intent (you were angry and wanted to get even)
Criminal Intent This means: You intended to commit the act (you wanted to kill that person because you were so angry) You intended to do evil (you wanted payback for example)
Criminal Intent in Businesses If an employee has criminal intent, the employer may be judged to have criminal intent. The officers of that business can be held responsible for the criminal intent of their employees. This is called vicarious criminal liability. Most businesses have their own lawyers to handle these types of situations! That s why lawyers can make big bucks! Businesses will pay them well!
Criminal Intent and Age Most states fix the age limit to 16-19 as being criminally liable Minors as young as 7 in some states can be tried as an adult for serious crimes murder What do you think about this? How could you prove that a 7, 8, 9 year old showed criminal intent?
Criminal Intent and Insane People They do not have sufficient mental capacity to know right from wrong. They are not held responsible What s your opinion on this? Who determines if a person is insane? How could you prove that a person is not insane if you were representing the family of a victim?
Some crimes do not require the element of criminal intent Traffic offenses Extreme carelessness You better hire a good lawyer!
White-Collar Crimes Offenses committed in the business world Larceny- commonly known as theft, is the wrongful taking of money or personal property belonging to someone else, with intent to deprive the owner of it. Robbery is a variation of larceny. It is the taking or property from another s person or immediate presence, against the victim s will, by force or by causing fear. Burglary is another variation of larceny. It is entering a building without permission when intending to commit a crime.
White-Collar Crimes continued Receiving Stolen Property: Knowingly receiving stolen property consists of either receiving or buying property known to be stolen, with intent to deprive the rightful owner of the property. Fence- one who receives stolen property.
White-Collar Crimes continued False pretenses: One who obtains money or other property by lying about a past or existing fact. This is a type of fraud. Forgery: Falsely making or materially altering a writing to defraud another. (Checks)
White-Collar Crimes continued Bribery: Unlawfully offering or giving anything of value to influence performance of an official in the carrying out of his or her public or legal duties. Soliciting or accepting the bride is also criminal.
White-Collar Crimes continued Computer Crime: Any crime that occurs with the use of a computer or electronic device. Extortion: (Blackmail) Obtaining money or other property from a person by wrongful use of force, fear, or the power of office.
White-Collar Crimes continued Conspiracy: An agreement between two or more persons to commit a crime. Usually the agreement is secret. Conspiracy is a crime separate from the crime the parties planned to commit. Arson: The willful and illegal brining or exploding of a building.
Embezzlement Taking another s property or money by a person to whom it has been entrusted. Examples: A bank employee taking money from a bank in a planned and organized fashion; someone cooking the books at a business to make to numbers look smaller while pocketing the actual difference; taking money from your place of business even if you replace it later.
Classifications of Criminal Conduct Crimes against: A person- murder, rape, kidnapping, assault and battery Property- theft, robbery, embezzlement Government- tax evasion, perjury Public peace and order- rioting, disorderly conduct Realty- arson, burglary Consumers- violation of pure food and drug laws Decency- prostitution, obscenity These effect society as a whole
Classifications of Crimes 1. Felony a crime punishable by confinement for more than a year in a state prison or by a fine of more than $1,000, or both- or even death. Examples of felonies are: murder, kidnapping, rape, forgery, perjury, theft of large sums, etc.
continued 2. Misdemeanor: a less serious crime usually punishable by confinement in a county jail or city jail for one year or less, by a fine of $1,000 or less, or both. Examples of misdemeanors are: disorderly conduct, speeding Infractions: lesser misdemeanors; person can only be fined; examples: littering, parking violations