Get documents about "Chapter 4 Criminal Law and Procedure
Document Sample
Crime:
Is an punishable offense against
society.
Designed to protect society from the
criminal.
1. The duty to do (or not to do) a
certain thing.
2. An act or omission in violation of
that duty.
3. Criminal Intent
State statutes or federal or city
ordinances that prohibit certain
conduct.
The conduct that violates the statute.
Generally means the defendant
(1) intended to commit the act
and
(2) intended to do evil.
•Age typically is 18 before you
can have criminal intent.
•To have criminal intent you must
have the mental capacity to know
the difference between right and
wrong.
•Some minor charges do not
require the element of criminal
intent.
•Extreme carelessness can be
considered the same as criminal
intent.
Corporations are legal entities and they can
posses criminal intent:
1. If corporations employees have criminal
intent.
2. If employees were doing assigned duties and
criminal acts benefited the corporation
If corporation’s employees commit a crime
corporate officers can be held criminally
responsible.
(Doctrine of Vicarious Criminal Liability)
Vicarious means substituted.
•Davis, the chief accountant of the Del Norte
Credit Union, cleverly juggled the company
records over a period of years. During that
time, she took at least $35,000 belonging to
the credit union. When the theft was
discovered by outside auditors, Davis repaid
the money with interest. Has she committed
a crime despite the repayment?
1. Crimes against a person
Assault, battery, rape, murder
2. Crimes against property
Theft, Robbery, Embezzlement
3. Crimes against the government
and administration.
Treason, Tax Evasion, Counterfeiting,
Perjury.
4. Crimes against public peace and
order.
Rioting, Concealed Weapon, drunk
and disorderly, speeding.
5. Crimes against realty
Burglary, arson, criminal trespass
6. Crimes against consumers
Violation of pure food and drug
laws, sale of worthless securities
7. Crimes against decency
Bigamy, obscenity, prostitution,
contributing to the delinquency of
a minor.
The police will investigate criminal
matters.
The police will not investigate civil
matters.
Felony –
Serious crime punishable
by either confinement for more
than 1 year in state prison or
by execution
Misdemeanor – Less serious crime punishable by
(1) Confinement in county and city jail less than 1
year.
(2) Fine
(3) Both
Infractions – lesser misdemeanors that if convicted
can only result in fines. NOTE: A person charges
with an infraction is not entitled to trial by jury
since they cannot be imprisoned. (Parking,
Littering)
With a partner make a list of 4
crimes you think are felonies
and 4 crimes you think are
misdemeanors. Also write and
explanation with each to
explain why you think it is a
felony or a misdemeanor.***
Business related crimes are often called White
Collar Crimes –
Non-violent crimes committed by businesses
or business people or against businesses.
(Theft) Wrongfully taking money or personal
property belonging to someone else, with
intent to deprive the owner of the possession.
Shoplifting, purse snatching, pick-pocketing
Robbery – (variation of larceny) taking
property from another against the will by using
force or causing fear.
Burglary – entering building without
permission when intending to commit a crime.
Business Related Crimes
Felony or
Larceny
Misdemeanor
Larceny can be either a
misdemeanor or felony, it is
determined by the value of the
property stolen and other
circumstances.
Burglary and Robbery are
always felonies.
One who obtains money or other property
by lying about a past or existing fact. (Type
of fraud)
Victim parts with the property willingly.
Business Related Crimes
Felony or
Larceny
Misdemeanor
False Pretenses Misdemeanor
Unlawful offering or giving
government officials anything of
value to influence performance of an
official duty.
•Getting or receiving a bribe is also
illegal.
•Commercial bribery - bribing private
parties (as in to get a sale)
Business Related Crimes
Felony or
Larceny
Misdemeanor
False Pretenses Misdemeanor
Bribery Felony
Agreement between two or more
people to commit a crime.
Conspiracy is a crime separate from
the crime the parties plan to commit.
Business Related Crimes
Felony or
Larceny
Misdemeanor
False Pretenses Misdemeanor
Bribery Felony
Felony or
Conspiracy
Misdemeanor
Business Related Crimes
Felony or
Larceny
Misdemeanor
False Pretenses Misdemeanor
Bribery Felony
Felony or
Conspiracy
Misdemeanor
Buy/Sell Narcotics Felony
Consists of either receiving or
buying property known to be
stolen with intent to deprive the
rightful owner of the property.
Business Related Crimes
Felony or
Larceny
Misdemeanor
False Pretenses Misdemeanor
Bribery Felony
Felony or
Conspiracy
Misdemeanor
Buy/Sell Narcotics Felony
Receive Stolen Felony or
Property Misdemeanor
Making falsely or materially altering a
writing to defraud another.
Business Related Crimes
Felony or
Larceny
Misdemeanor
False Pretenses Misdemeanor
Bribery Felony
Felony or
Conspiracy
Misdemeanor
Buy/Sell Narcotics Felony
Receive Stolen Felony or
Property Misdemeanor
Forgery Felony
Obtaining property or money by using
force, fear, or power of a office.
Business Related Crimes
Felony or
Larceny
Misdemeanor
False Pretenses Misdemeanor
Bribery Felony
Felony or
Conspiracy
Misdemeanor
Buy/Sell Narcotics Felony
Receive Stolen Felony or
Property Misdemeanor
Forgery Felony
Felony or
Extortion
Misdemeanor
The head of a labor union threatened to call a costly
strike among employees of the company unless she
was paid $10,000 by the employer.
This was extortion.
Obtaining property or money by using
force, fear, or power of a office.
Business Related Crimes
Felony or
Larceny
Misdemeanor
False Pretenses Misdemeanor
Bribery Felony
Felony or
Conspiracy
Misdemeanor
Buy/Sell Narcotics Felony
Receive Stolen Felony or
Property Misdemeanor
Forgery Felony
Felony or
Extortion
Misdemeanor
Arson Felony
•Some states have enacted laws that
accessing, altering, destroying files is
unlawful.
•Computer Viruses
Business Related Crimes
Felony or
Larceny
Misdemeanor
False Pretenses Misdemeanor
Bribery Felony
Felony or
Conspiracy
Misdemeanor
Buy/Sell Narcotics Felony
Receive Stolen Felony or
Property Misdemeanor
Forgery Felony
Felony or
Extortion
Misdemeanor
Arson Felony
Felony or
Computer Crime
Misdemeanor
1. Due Process - fairness in
investigation and in court
• Evidence presented against them cannot
be developed by unreasonable search and
seizures. They must have probable cause.
2. Right not to self-incriminate
3. Lawyer representation.
When one person helps another
commit a crime they are also guilty of
wrongdoing.
One who plans he crime or intentionally
helps is guilty of the same crime.
In most jurisdictions if someone is
killed during the commission of a
felony, all the people who participated
are guilty.
Musk, a career criminal, planned a bank
robbery. He sent Spiro and Adams to do
the “job”. He also had Greene steal a car
and serve as chauffeur and lookout. Spiro
killed a bank guard during the getaway.
Who is guilty of what crimes?
Car theft, armed robbery, murder.
Joe agrees to let Mary copy
from his test paper. They are
caught in the act and both fail
the test. Why does Joe also
fail?
Corporations can be criminally
liable for the conduct of it’s
employees.
Officers of Corporation may
be criminally liable for the
actions of their managers.
Defendant must be proven
guilty beyond a reasonable
doubt. (No sufficient basis placed in evidence
that would logically indicate that the defendant did
not commit the crime.)
1. Procedural Defenses
2. Substantive Defenses
Are based on problems with the way evidence
is obtained or the way the accused person is
arrested, questioned, tried or punished.
Ignorance of the law is not a defense.
They disapprove, justify, or excuse the alleged crime.
They discredit the facts of the case.
Some examples would be showing that you were
somewhere else when the crime was committed.
Self-defense, criminal insanity and immunity are
substantive defenses
Will and Zack, who were arrested for possession of
cocaine, 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 of their right to remain silent and to
have a lawyer present when questioned. If true, are
those good defenses?
Is the use of the force that appears to be reasonably
necessary to the victim to prevent death, serious
bodily harm, kidnapping, or rape.
One may not use deadly force if non-deadly force
appears reasonable.
Only nondeadly force may be used to
protect or recover property.
This defense extends to members of one’s
family and household and to others who
one has a legal duty to protect.
Generally exists when the accused does
not know the difference between right and
wrong.
If this is true there can be no criminal
intent.
Is freedom from prosecution even when
one has committed the crime charged.
In exchange for testimony
Grants immunity to remove the privilege
against self-incrimination.
When granted immunity if the witness
refuses to testify then:
On the Internet Find:
One case that has a substantive Defense
One case that has a procedural defense
One case that is a Business-Related Crime.
Print out each one a explain on the back why
it is what you are claiming.
Is any penalty provided by law and imposed by
a court.
Discipline the wrongdoer.
Some deterrent from others having similar
behavior.
“An Eye for an Eye” What does that mean and
where does it come from.
The Koran and the Bible
The purpose is to discipline the wrongdoer.
Punishment should deter others from similar
behavior.
Often the accused voluntarily gives up the
right to a public trial to avoid the risk of a
greater penalty if convicted. They plead guilty
to a less serious crime.
