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Our Criminal Laws

Lessons. CHAPTER 5. Our Criminal Laws. 5-1 Criminal Law 5-2 Criminal Procedure. GOALS. LESSON 5-1. Criminal Law. Define the elements present in all crimes Describe crimes that commonly occur in the business environment. WHAT ARE CRIMES?. CRIME - punishable offense against society

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Our Criminal Laws

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  1. Lessons Chapter 5 CHAPTER 5 Our Criminal Laws 5-1 Criminal Law 5-2 Criminal Procedure

  2. GOALS Chapter 5 LESSON 5-1 Criminal Law Define the elements present in all crimes Describe crimes that commonly occur in the business environment

  3. Chapter 5 WHAT ARE CRIMES? • CRIME - punishable offense against society • Elements of a crime • Criminal conduct

  4. Chapter 5 ELEMENTS OF A CRIME • Duty - to do or not to do a certain thing • Violation of the duty – (criminal act) • Criminal intent – (required in most cases) • Intended to commit the act • Intended to do evil

  5. Chapter 5 What's your verdict? (pg. 78) • Davis (chief accountant) • Juggled books and took $35,000 belonging to credit union • Auditors discovered – Davis paid back with interest • Has she committed a crime despite the repayment?

  6. Chapter 5 What's your verdict? (pg. 78) • Owed duty (defined by statute) • Act – took money • The criminal conduct of taking another’s property or money by a person to whom it has been entrusted EMBEZZLEMENT Intent – intended to do evil

  7. Chapter 5 Criminal Law

  8. Chapter 5 CRIMINAL CONDUCT Criminal conduct may be classified as follows: • Crimes against a person • Crimes against property • Crimes against the government and administration of justice • Crimes against public peace and order • Crimes against realty • Crimes against consumers • Crimes against decency

  9. Chapter 5 Criminal Intent w/Corporations • Can a corporation form criminal intent? • Yes • If corporation’s employees have criminal intent – employer may be judged to have criminal intent • If employees are carrying out assigned duties and the criminal act benefits the organization

  10. Chapter 5 Criminal Intent w/Corporations • When a corporate employee commits a crime, can officers be held responsible? • Yes - doctrine of VICARIOUS CRIMINAL LIABILITY • Vicarious - substituted

  11. Chapter 5 Criminal Intent w/Corporations President of company is aware of dangerous working conditions and does nothing. Supervisor fails to take safety precautions and worker is killed. President  possible homicide charges.

  12. Chapter 5 Intent / Age • 14 years + presumed to know right/wrong • 7-14 has to be proven • 16-19 age of criminal liability • Insane - incapable of intent • Not relieved for involuntary intoxication/drug use

  13. Chapter 5 EXAMPLES OF CRIMES AGAINST A PERSON • Assault and battery • Kidnapping • Murder • Rape

  14. Chapter 5 EXAMPLES OF CRIMES AGAINST PROPERTY • Embezzlement • Theft • Robbery

  15. Chapter 5 EXAMPLES OF CRIMESAGAINST THE GOVERNMENTAND ADMINISTRATION OF JUSTICE • Perjury • Tax evasion • Treason

  16. Chapter 5 EXAMPLES OF CRIMES AGAINST PUBLIC PEACE AND ORDER • Disorderly conduct • Illegal speeding • Rioting

  17. Chapter 5 EXAMPLES OF CRIMES AGAINST REALTY • Arson • Burglary • Criminal trespass

  18. Chapter 5 EXAMPLES OF CRIMES AGAINST CONSUMERS • Fraudulent sale of securities • Violation of pure food and drug laws

  19. Chapter 5 EXAMPLES OF CRIMES AGAINST DECENCY • Bigamy • Obscenity • Prostitution

  20. Chapter 5 CLASSIFICATIONOF CRIMES • Felony • Misdemeanor

  21. Chapter 5 Felonies / Misdemeanors

  22. Chapter 5 FELONY A felony is 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.

  23. Arson Burglary Embezzlement Forgery Kidnapping Murder Perjury Rape Robbery Theft of large sums Chapter 5 EXAMPLES OF FELONIES

  24. Chapter 5 PERJURY the act of lying under an oath

  25. Murdock was a witness at a civil trial for damages. Before testifying, he took an oath "to tell the whole truth, and nothing but the truth." Nevertheless, while being questioned by one of the attornies, Murdock deliberately lied, hoping to help the defendant. Chapter 5 WHAT'S YOUR VERDICT?

  26. Chapter 5 MISDEMEANOR • A misdemeanor is a less serious crime. It is usually punishable by confinement in a county or city jail for less than one year, by fine, or both. • Examples of misdemeanors include disorderly conduct and speeding

  27. Chapter 5 INFRACTION • Some states classify lesser misdemeanors as infractions. • A person convicted of an infraction can only be fined. • Because there is no risk of being jailed, the defendant is not entitled to a jury trial. • Examples include littering and parking violations.

  28. Larceny Receiving stolen property False pretenses Forgery Bribery Computer crime Extortion Conspiracy Arson Chapter 5 BUSINESS-RELATED CRIMES

  29. Chapter 5 White-collar crimes • Offenses committed in the business world are referred to as white-collar crimes • Don’t involve force or violence • Do not cause injury to people • Do not cause physical damage to property

  30. Chapter 5 Antitrust Laws • State that competing companies may not cooperate in fixing prices or in dividing sales regions • Require that business business firms compete with one another

  31. Chapter 5 Larceny (robbery) • The taking of property from another’s person or immediate presence, against the victim’s will, by force or by causing fear

  32. Chapter 5 Larceny (burglary) • Entering a building without permission when intending to commit a crime

  33. Chapter 5 False pretenses • When one who obtains money or other property by lying about a past or existing fact • Differs from larceny because the victim parts with the property voluntarily • A type of fraud

  34. Chapter 5 Forgery • Falsely making or materially altering to defraud another • Most commonly found on checks when one signs another’s name without permission to do so

  35. Chapter 5 Bribery • Unlawfully offering or giving anything of value to influence performance of an official • Soliciting or accepting the bribe is also criminal

  36. Chapter 5 Computer crime • Larceny when stealing computer data is harder to prosecute • Courts conclude that there is not a “taking” of personal property if the data is copied and deleted

  37. Chapter 5 Extortion • Commonly known as blackmail • Obtaining money or other property from a person by wrongful use of force, fear, or the power of office • The extortionist may threaten to inflict bodily damage • Exposing an embarrassing fact

  38. Chapter 5 Conspiracy • An agreement between two or more persons to commit a crime • Usually agreement is secret • The conspiracy is a crime separate from the crime parties planned to commit • Crime could be a felony or a misdemeanor

  39. Chapter 5 Arson • The willful and illegal burning of a building • Occurs when someone intentionally starts a fire and burns a structure without the owner’s consent

  40. GOALS Chapter 5 LESSON 5-2 Criminal Procedure Know the rights a person has when arrested Recognize a person’s potential criminal liability for the actions of others Understand the justifiability of the common defenses to criminal charges

  41. Chapter 5 Constitutional Rights • Authors of our Constitution believed it was better for society to give individuals too much liberty than to allow the government too much power. • Probable Cause - a reasonable ground for belief

  42. Chapter 5 Agree / Not Agree 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.

  43. Chapter 5 Agree / Not Agree 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.

  44. Chapter 5 Agree / Not Agree Search was deemed unreasonable as it lacked probable cause  marijuana could not be used as evidence

  45. Chapter 5 Rights Convict a person of a crime – evidence must establish guilt “beyond a reasonable doubt” Right to a trial by jury -- prosecutor or defendant can request Guilty Verdict -- only if all jurors vote to convict

  46. Chapter 5 Rights - “beyond a reasonable doubt”

  47. Chapter 5 Right to a trial by jury

  48. Chapter 5 RIGHTS AND RESPONSIBILITIES • Rights when arrested • Due process (probable cause) • Representation by a lawyer (private /court-appointed) • Responsibility for the criminal conduct of others • Accomplice – knowingly aids in the commission of crime (also guilty of criminal wrongdoing)

  49. Chapter 5 RIGHTS & RESPONSIBILITIES – Miranda Rights

  50. Chapter 5 DEFENSES TO CRIMINAL CHARGES • DEFENSE – a legal position taken by an accused to defeat the charges against him/her • Procedural defenses – based on problems with the way evidence is obtained or the way an accused person is arrested, questioned, tried or punished • confessing to a crime because of police threats

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