Our Criminal Laws

1. Our Criminal Laws Criminal Law & Criminal Procedure Chapter 5

2. Section 5-1 Goals • EXPLAIN THE ELEMENTS OF A CRIME • DESCRIBE THOSE CRIMES WHICH COMMONLY OCCUR IN THE BUSINESS ENVIRONMENT • IMPORTANT! IGNORANCE OF THE LAW IS NO EXCUSE TO BE RELIEVED OF A CRIME!

3. Criminal law • Hot debate – pg 66 • Discuss questions • Emily vs. Northside Chemical Company

4. What is a crime? • Crime • A punishable offense against society • Attempts to identify, arrest, prosecute or punish the criminal to protect society • Defined by statute • Civil offense • Offenses against a victim, not society • Victims can sue for civil damages • Most crimes-the criminal has very little money to sue for…

5. 3 Elements of a Crime • A duty to do or not do a certain thing • Usually described by state statutes • An act or omission in violation of that duty • Criminal Act- specific conduct that violates a duty • Criminal Intent • Intent to commit the act • Intent to do evil • MUST BE PROVED

6. 1. Duty • Usually state statutes prohibit certain conduct • Occasionally federal statutes or city ordinances identify criminal behavior • Stealing from employer • Breaking into neighbors house

7. 2. Violation of the Duty • Criminal Act • Breach of duty • Specific conduct that violates statute • Breaches proven in trial • Example: • Sue stole money from employer; Joe saw her and testified in court

8. 3. Criminal Intent • Intent must be proven (most cases) • Defendant • Intended to commit the act • Intended to do evil • Example: • Sue intentionally stole money from employer

9. Going back to Emily vs. Northside….. Did Emily commit a crime? • DID EMILY HAVE A DUTY? • DID SHE VIOLATE THAT DUTY? • DID SHE INTEND TO STEAL?

10. What’s your verdict? – Page 67 • Statute defined • Duty? • Defined by statue? • Was there a violation of that duty? • Embezzlement • Criminal act of taking someone’s property or money by an entrusted person

11. Vicarious Criminal Liability Substitute – employee is used as a substitute Criminal Intent & Corporations • Employee criminal intent=Organization’s criminal intent • President of company is aware of dangerous working condition • Worker is killed because of working condition • President can be found guilty of crime

12. Other factors involving criminal intent • To have criminal intent, one must have sufficient mental capacity • Insanity – not mentally capable • Age • Under 7 considered below age of reason • Over 14 can be considered an adult • Over 14 knows the difference between right and wrong • 7-14 intent & understanding must be proven • Drugs/alcohol- does not relieve criminal intent; done voluntarily

13. Criminal intent – cont.PLEASE ADD TO YOUR NOTES • Some crimes do not require the element of criminal intent • Example: • A driver speeding hit and killed someone • The intent was not there; however, could be convicted of vehicular homicide • Less serious crimes where jail is unlikely; intent is not required • Example: • Traffic offenses…….

14. Analyze Real Cases – page 76 • #26 – cigar owner • Did Feinberg have a duty to tell his customers of the change in percent? • Did he violate the duty? • Did he intend to kill anyone? • Feinberg acted with such gross negligence that it is equivalent of criminal intent • #28 – shopper • Did the shopper have a duty to “not steal” • Did he violate the duty? • Did he intend to steal? • Yes to all - guilty

15. Two Classifications of Crimes • Felony • A crime punishable by confinement of more than a year in state prison • Fine over $1,000 • Both • Death • Misdemeanor • Less serious crime, punishable by county/city jail less than 1 year • Infraction • Lesser misdemeanor • No jury trial • Perjury – PLEASE ADD TO YOUR NOTES • People who lie under oath

16. Business Related Crimes(What’s my verdict? Page 69) • White Collar Crimes Offences committed in the business world • No force or violence, personal injury, or physical damage • Tax evasion • Defrauding customers • Price fixing • Insurance fraud • Because physical violence is not involved, courts tend to be more lenient • Larceny (theft) • Wrongful taking of money or property with intent to deprive ownership • May be a felony or misdemeanor – depends on value

17. Business Related Crimes cont. • Robbery (form of larceny) • Taking of property against the victims will • By force, causing fear • Always a felony • Burglary (larceny) • Entering a building w/o permission with intent of committing a crime • Always a felony • Receiving Stolen Property • Knowingly receiving or buying…

18. Business Related Crimes cont. • False Pretenses • Lying about facts to obtain money or property • Forgery • Making or changing a document to defraud another • Bribery • Offering or giving something of value to influence an official

19. Business Related Crimes cont. • Extortion (blackmail) • Obtaining money/property by fear, force, or power of office • Conspiracy • Agreement between 2 or more people to commit a crime • Arson • Willful & illegal burning of a building

20. Review Chapter 5.1 • Page 70 – Think About Legal Concepts • #1 - #5 • Page 70 – Think Critically About Evidence • #6 - 8

21. Section 5-2 Goals • Understand rights when arrested • Recognize criminal liability • Understand common defenses of criminal charges

22. Constitution • Believes too much liberty is better than giving the government too much power

23. Constitutional Rights & Responsibilities What’s Your verdict? Page 71 • Rights when arrested • Due Process=fair procedures in investigation and court • Example: • Right to be represented by a lawyer • Defendants may not be compelled to testify against self • Right to cross examine witnesses • Jury Trial- is asked for by prosecutor or defendant. How is a jury picked

24. Criminal Conduct of Others • Anyone aiding in a crime can also be found guilty for the same crime • Ex. Burglary look-out • Vicarious Liability (substitute)

25. Defenses to Criminal Charges • “What’s My Verdict”? – pg. 72 • Defense- Often allows defendant to escape liability • Two types • Procedural Defenses • Substantive Defenses

26. Procedural defenses Problems with the way evidence was obtained The way a person is arrested, questioned, tried or punished EX: confession was signed due to threat by police Ignorance of law does not count Substantive Defenses Disprove, justify, or excuse crime Discredit facts Self-Defense Criminal Insanity Immunity Freedom from prosecution – exchange for agreement to testify against other criminals Procedural vs. Substantive

27. Other terms… • Contempt of court • Witness who refuses to testify after immunity has been given • Punishment • Penalty provided by law and imposed by a court • Deter others from breaking the same law • “What’s Your Verdict”? – page 72 • Plea Bargain • Plea of guilty for a lesser crime so a more serious crime is dropped

28. Wrap Chapter 5 - Thursday • With a partner… • Your Legal Vocabulary • P. 74, 1-12 • Think about legal concepts • P.73, 1-5 • Think critically about evidence • P. 75 • 18-21 • Analyze Real Cases • P. 76

29. Mock Trial • Review short PowerPoint with Intellectual Property terms • Intellectual Property

30. In The Lab • Famous Crimes • Tri-fold brochure • Mini lesson on Microsoft Publisher