Criminal Law!

1. Criminal Law!

2. Types of Crime! Aim: What are the different types of Crime?

3. Crime vs. Deviance • Deviance is behavior which goes against norms established by society. • Deviance is subjective. • Deviant acts are crimes only when a majority accepts that those acts should be punished. • Not all crimes are considered particularly deviant. • Criminal law defines acts the legislature has decided are so unacceptable, they must be prevented.

4. Types of Crimes • Classified by seriousness • Six general categories • Crimes against persons (violence) • Property crimes • Public order crimes • White collar crimes • Organized crimes • High-tech crimes

5. Violent Crimes • Crimes against persons • Four categories • Murder • Sexual Assault • Assault and Battery • Robbery

6. Property Crimes • Most common crime • Four categories • Larceny/Theft • Burglary • Motor Vehicle Theft • Arson

7. Public Order Crimes • Contrary to public values and morals • Public Intoxication • Prostitution • Drug Use • Linked to Consensus Model • Known as “victimless crimes”

8. White Collar Crime • Business related crime • Non-violent illegal acts by a business or individual to obtain economic advantage • Examples • Martha Stewart • Enron

9. Organized Crime • Illegal acts by an organized group to satisfy society’s demand for certain goods and services. • Gambling • Prostitution • Illegal substances • Conspiratorial relationships • Criminal tactics used---violence, corruption, intimidation

10. Question? • Do we have organized crime in Oregon?

11. High-Tech Crime • Internet---Site for cyber crime • Selling pornography • Soliciting minors • Fraud (credit cards, identity theft)

12. Purpose of Criminal Justice System • “Criminal Justice system ‘protects individuals and the community.’” • 1967 President’s Commission on Law Enforcement and Administration of Justice • Three general goals described: • Control crime • Prevent crime • Provide and maintain justice

13. Which of the following is a “crime” and why • Bob points a gun at Suzy and demands she give him all her money. • Yes it is a crime, robbery

14. Is It A Crime? You be the judge, Yo! Jimmy approaches Suzy to rob her, but as Jimmy begins to pull his gun out of his pocket he drops it and runs away Yes attempted robbery. Why? Jimmy has taken a substantial step to rob Suzy

15. Is It A Crime? You be the judge, Yo! Jimmy walks past Suzy and thinks to himself, “I sure would like to take all of Suzy’s cash, if I only had a gun.” No. Jimmy cant be punished for thoughts

16. STATE OF MIND & CRIMINAL ELEMENTS State of Mind: -Almost all crimes require a “guilty state of mind” –Mensrea -Committing a crime is an ACT – actusreus = the action that is criminal

17. State of Mind • Guilty of state of mind is the level of awareness someone has when they commit a crime (intentionally, knowingly or recklessly)

18. Defined by OR law: • Oregon Revised Statutes (ORS) • “Intentional / with intent” – person acts with a conscious objective to cause the result or engage in the conduct so described. • “Knowingly / with knowledge” – a person acts with an awareness that the conduct is illegal. • “Recklessly” – person is aware & disregards substantial risk that an illegal act will occure

19. State of mind is different than “motive” • Motive is the REASON a person commits an act • State of mind is the knowledge of your act • Ex Jimmy steals Suzy’s purse because he needs money to buy drugs • Motive: Needs $ to buy drugs • State of Mind: He intentionally stole the purse

20. There are crimes, “strict Liability” that do not require a guilty state of mind • Can you think of some • Ex: selling alcohol to a minor

21. Criminal Element • Crimes are defined by “elements” • Each Element of a crime must proven to convict a person of a crime • Prosecutors must prove the state of mind and each element beyond a reasonable doubt to convict

22. Criminal Elements • Robbery Elements: • Taking and carrying away goods or money • Taking from someone’s person • Use of force or intimidation • Burglary Elements: • Enter or remain in a building unlawfully • With the intent to commit a crime

23. Classes of Crimes • Felony: Crime where potential for imprisonment is more than a year • Misdemeanor: Crime where potential for imprisonment is less than a year • Both determine what type of punishment a criminal can get

24. Classes of Crime • Robbery in OR • First degree = 20 yrs in prison • Second degree = 10 yrs • Third degree = 5 yrs *1st, 2nd and 3rd degree are all felonies *Each state has different requirements for what degree a crime is.

25. In Oregon Robbery: • 1st degree = use of deadly weapon or intending to cause serious harm • Ex pointing a gun at a bank teller • 2nd degree = person claims they have a weapon • Ex Saying to teller you have a gun • 3rd degree = person uses force or threat of force • Ex grab teller by the shirt and threaten

26. Activity • In pairs • For each crime listed on the handout identify each ELEMENT as an ACT or a STATE of MIND

27. Parties to Crime • When a crime is committed other people my get charged too. • Principal: The person who commits the crime • Mr Ackerman takes your cheetos. Ackerman is the principal

28. Parties to Crime • Accomplice: someone who helps a person commit a crime • Ex you drive the getaway car after Ackerman takes the cheetos *Accomplice may be convicted of the SAME crime as principal even though only drove the car.

29. Parties to Crime • Accessory Before the Fact: a person who orders a crime or helps the principal, but is not present during the crime • Ex the mastermind plans the robbery but does not go. • This person is usually charged with the same crime

30. Parties to Crime • Accessory After the Fact: person knows the crime took place but and help principal or accomplice avoid capture, escape or conceal crime This person is not usually charged with the same crime but rather obstruction of justice • Why do we penalize those who help others commit crime? • Would penalizing only the principal help or hurt crime prevention?

31. Preliminary Crimes • Certain actions that take place BEFORE a criminal act are considered a crime • The idea is that this will help PREVENT crime.

32. Preliminary Acts • Solicitation: When a person commands or advises another to commit a crime • The crime does not have to occur to be found guilty. • Ex: Bob wants to kill Jane and asks Steve to do it for him for $100,000. Steve never does, but Bob is guilty of solicitation

33. Preliminary Crimes • Attempt: A person has the intent and taken steps towards committing a crime. • The crime does not have to occur BUT need intent and steps toward • This can be hard to prove. What IS a substantial step

34. Pete decides to kill Paul, he buys a gun on his way to Paul’s house and is pulled over & arrested for another crime. • Has Pete taken a substantial step toward murdering Paul?

35. Preliminary Crimes • Conspiracy: An agreement between two or more persons to commit a crime

36. Ex Sophia and Sara talk one night about how much they have Suzanna. They begin to make a plan to murder her and both agree to murder Suzanna tomorrow. They post their plans on the internet and the cops arrest them before the murder. Both are arrested for conspiracy

37. Did the girls have to commit the crime to be guilty? • No • Did they take a substantial step? • Yes, posted plans on the internet which was open to public view

38. Purpose of Criminal Justice System • “Criminal Justice system ‘protects individuals and the community.’” • 1967 President’s Commission on Law Enforcement and Administration of Justice • Three general goals described: • Control crime • Prevent crime • Provide and maintain justice

39. Structure of the Criminal Justice System • Three parts of the Criminal Justice System: • Law Enforcement • The Courts • Corrections