Criminal Laws

1. Criminal Laws

2. Here’s what we’ll learn in this unit: • Criminal laws are complicated • Types of crimes • Elements of a crime • Crimes against people • Crimes against property • Crimes against business interests • Defenses to crimes • Punishments for crimes

3. Criminal laws are complicated Even the simplest of crimes can be very complex. For example, the crime of “petty theft” (stealing something worth less than $950) can be hard to understand…

4. Criminal laws are complicated Stealing a memo book (worth less than $950) from a store is “petty theft”. Maximum punishment: less than a year in jail.

5. Criminal laws are complicated Stealing the same memo book from a backpack that someone is wearing is “grand theft”. Maximum punishment: 25 years to life in prison for a repeat offender’s 3rd conviction

6. Criminal laws are complicated If you steal a calf or a sheep or a goat or a pig (worth less than $950) you are not guilty of “petty theft”—that is a “grand theft” in California.

7. Criminal laws are complicated If you steal a dog (worth less than $950) you are not guilty of “grand theft”—that is a “petty theft” in California. Petty theft Grand theft

8. Criminal laws are complicated Stealing a pistol of any value (even if less than $950) is a “grand theft” A pistol theft counts as a strike in California’s three strikes law. If it’s your third strike, you’ll be going to prison for 25 years to life.

9. Criminal laws are complicated Stealing olives or avocados or lemons worth more than only $250 (not $950)is not “petty theft”—it’s “grand theft” in California.

10. Criminal laws are complicated Stealing domesticated turkeys worth $300is “grand theft” in California.

11. Criminal laws are complicated Stealing domesticated rabbits worth $300is only “petty theft” in California. Petty theft Grand theft

12. Criminal laws are complicated Stealing fish worth $300 from your friend’s house is just a “petty theft”

13. Criminal laws are complicated Stealing fish worth $300 from a commercial operation producing fish is “grand theft” in California.

14. Criminal laws are complicated We just need to know the basics about common crimes.

15. Criminal laws are complicated We understand that there’s a lot more to know about crimes that we will not learn in this class.

16. Criminal laws are complicated We are not the experts

17. Okay, let’s get started!

18. Here’s what we’ll learn in this unit: • Criminal laws are complicated • Types of crimes • Elements of a crime • Crimes against people • Crimes against property • Crimes against business interests • Defenses to crimes • Punishments for crimes

19. Three types of crimes • Infraction • Misdemeanor • Felony

20. Three types of crimes • Infraction • Ticket crime • Example: littering • Example: failure to stop at a stop sign • Possible punishments: fines; community service; no jail

21. Three types of crimes • Misdemeanor

22. Three types of crimes • Misdemeanor • Minor crime

23. Three types of crimes • Misdemeanor • Minor crime • Example: trespassing

24. Three types of crimes • Misdemeanor • Minor crime • Example: trespassing • Example: stealing something worth less than $950 from a store (Petty theft)

25. Three types of crimes • Misdemeanor • Minor crime • Example: trespassing • Example: stealing something worth less than $950 from a store (Petty theft) • Possible punishments: counseling, restitution, community service, stay-away order, fine, probation, and/or up to 1 year in jail

26. Three types of crimes • Felony • Serious crime

27. Three types of crimes • Felony • Serious crime • Example: Using a gun to rob a person (Aggravated robbery)

28. Three types of crimes • Felony • Serious crime • Example: Using a gun to rob a person (Aggravated robbery) • Example: Murder

29. Three types of crimes • Felony • Serious crime • Example: Using a gun to rob a person (Aggravated robbery) • Example: Murder • Possible punishments: greater than 1 year in prison—maybe even the death penalty

30. “Wobblers” Crimes that could be charged as a misdemeanor or as a felony

31. “Wobblers” • Crimes that could be charged as a misdemeanor or as a felony • Hundreds of crimes are “wobblers” • Examples: • Threaten to injure a school employee • Burglary • Forgery • Distribution or exhibition of lewd material to minor • Participation in criminal street gang activity • Receiving stolen property

32. “Wobblers” • The prosecutor will decide to charge the defendant with a misdemeanoror a felony. • Decision based on: • Criminal history • Seriousness of the crime • Mitigating circumstances

33. “Mitigating” circumstances Things that the prosecutor may take into consideration that would reduce the charge or lessen the sentence

34. “Mitigating” circumstances Things that the prosecutor may take into consideration that would reduce the charge or lessen the sentence • Example: first offense

35. “Mitigating” circumstances Things that the prosecutor may take into consideration that would reduce the charge or lessen the sentence • Example: first offense • Example: joining the military and a felony would prevent enlistment

36. “Mitigating” circumstances Things that the prosecutor may take into consideration that would reduce the charge or lessen the sentence • Example: first offense • Example: joining the military and a felony would prevent enlistment • Example: defendant is elderly

37. “Mitigating” circumstances Things that the prosecutor may take into consideration that would reduce the charge or lessen the sentence • Example: first offense • Example: joining the military and a felony would prevent enlistment • Example: defendant is elderly • Example: cooperation to prosecute others

38. Teenager crimes

39. Teenager crimes “Delinquent child” vs. “Unruly child”

40. Delinquent child • A child that committed an act that, if an adult did it, would be a crime.

41. Delinquent child • A child that committed an act that, if an adult did it, would be a crime. • Example: lying to police

42. Delinquent child • A child that committed an act that, if an adult did it, would be a crime. • Example: lying to police • Example: vandalism

43. Delinquent child • A child that committed an act that, if an adult did it, would be a crime. • Example: lying to police • Example: vandalism • Example: joyriding

44. Unruly child A child that committed an act that, if an adult did it, would NOT be a crime

45. Unruly child A child that committed an act that, if an adult did it, would NOT be a crime • Example: drinking alcohol

46. Unruly child A child that committed an act that, if an adult did it, would NOT be a crime • Example: drinking alcohol • Example: running away

47. Unruly child A child that committed an act that, if an adult did it, would NOT be a crime • Example: drinking alcohol • Example: running away • Example: using tobacco

48. Unruly child A child that committed an act that, if an adult did it, would NOT be a crime • Example: drinking alcohol • Example: running away • Example: using tobacco • Example: violating curfew laws

49. Unruly child A child that committed an act that, if an adult did it, would NOT be a crime • Example: drinking alcohol • Example: running away • Example: using tobacco • Example: violating curfew laws • Example: habitually truant from school

50. Unruly Example: Every person under the age of 18 years who purchases, receives, or possesses any tobacco, cigarette, or cigarette papers, or any other preparation of tobacco, or any other instrument or paraphernalia that is designed for the smoking of tobacco, products prepared from tobacco, or any controlled substance shall, upon conviction, be punished by a fine of seventy-five dollars ($75) or 30 hours of community service work. California Penal Code 308 (b)