Chapter 4 Criminal Law and Procedure. Crimes and Criminal Behavior Hot Debate Hot Debate What’s...

Chapter 4 Chapter 4

Criminal Law and ProcedureCriminal Law and Procedure

Crimes and Criminal BehaviorCrimes and Criminal Behavior

Hot DebateHot Debate What’s Your VerdictWhat’s Your Verdict A question of ethicsA question of ethics CrimeCrime – punishable offense against – punishable offense against

societysociety

Elements of Criminal ActsElements of Criminal Acts

1.1. A duty existsA duty exists

2.2. Duty was violatedDuty was violated

3.3. IntentIntent


DutyDuty Everyone has a duty to conform to the Everyone has a duty to conform to the

law’s requirementslaw’s requirements Prosecutor cites a statute outlining Prosecutor cites a statute outlining

those requirementsthose requirements


Violation of DutyViolation of Duty Breach of duty = criminal actBreach of duty = criminal act Example:Example:

Battery – the intentional causing of bodily Battery – the intentional causing of bodily harm to another personharm to another person

Assault – the threat of causing harm to Assault – the threat of causing harm to another personanother person


Criminal IntentCriminal Intent Person intended to commit act or Person intended to commit act or

omissionomission MotiveMotive – reason for committing a crime – reason for committing a crime

Motive not the same as intentMotive not the same as intent


Criminal Intent (cont.)Criminal Intent (cont.) Under 7 cannot form intentUnder 7 cannot form intent

Laws vary state to state after thatLaws vary state to state after that Know the difference between right and Know the difference between right and

wrongwrong Ages 7-14: Maybe, Over 14: YesAges 7-14: Maybe, Over 14: Yes Insane: NoInsane: No


Criminal Intent (cont.)Criminal Intent (cont.) Can a person be held responsible for a Can a person be held responsible for a

crime committed by a company?crime committed by a company? Vicarious criminal liability Vicarious criminal liability – legal – legal

doctrine where company officers are doctrine where company officers are charged with crimes.charged with crimes.


Criminal Intent (cont.)Criminal Intent (cont.) Some minor crimes don’t require intentSome minor crimes don’t require intent

Traffic ticketsTraffic tickets Intent may not mean intended Intent may not mean intended

consequencesconsequences

Classification of CrimesClassification of Crimes

Felony Felony – Serious crimes– Serious crimes State prison more than a yearState prison more than a year Fine of more than $1000Fine of more than $1000 Both???Both???

Examples:Examples: Page 67 ChartPage 67 Chart Murder, kidnap, arson, rape, robbery, Murder, kidnap, arson, rape, robbery,

burglary, embezzlement, grand larcenyburglary, embezzlement, grand larceny

Classification of CrimesClassification of Crimes

MisdemeanorMisdemeanor – Less serious crimes – Less serious crimes City or county jail less than 1 yearCity or county jail less than 1 year Fine less than $1000Fine less than $1000 Both???Both??? Examples:Examples:

Infractions / Petty crimeInfractions / Petty crime Parking violations, litteringParking violations, littering

Fine onlyFine only

Business Related CrimesBusiness Related Crimes

What’s your Verdict – pg 68What’s your Verdict – pg 68 Antitrust laws, collusion Antitrust laws, collusion

White collar crimes White collar crimes – Business – Business relatedrelated Examples: pg 68Examples: pg 68


Larceny (theft)Larceny (theft) Wrongful taking of money or personal Wrongful taking of money or personal

property belonging to someone elseproperty belonging to someone else RobberyRobbery

Larceny involving the use of forceLarceny involving the use of force BurglaryBurglary

Breaking an entering with the intent to Breaking an entering with the intent to commit a crimecommit a crime


Receiving Stolen PropertyReceiving Stolen Property Knowingly receiving or buyingKnowingly receiving or buying What recourse does rightful owner have?What recourse does rightful owner have?

False PretensesFalse Pretenses Type of fraud, victim parts voluntarilyType of fraud, victim parts voluntarily

ForgeryForgery Altering writing in an attempt to defraudAltering writing in an attempt to defraud Common with checks / signaturesCommon with checks / signatures


BriberyBribery Unlawfully offering or giving anything of Unlawfully offering or giving anything of

value to influence performance of an value to influence performance of an officialofficial

SolicitingSoliciting Computer CrimeComputer Crime Extortion (blackmail)Extortion (blackmail)

Obtaining money or property through Obtaining money or property through use of force or fear / intimidationuse of force or fear / intimidation


ConspiracyConspiracy Agreement between two or more people Agreement between two or more people

to commit a crimeto commit a crime ArsonArson

Willful and illegal burning or exploding Willful and illegal burning or exploding of a buildingof a building

Rights and ResponsibilitiesRights and Responsibilities

What’s your verdict? Pg 71What’s your verdict? Pg 71

Rights of the AccusedRights of the Accused Fair Procedures - investigation and in Fair Procedures - investigation and in

courtcourt Probable Cause Probable Cause – reasonable ground for – reasonable ground for

beliefbelief Beyond a reasonable doubtBeyond a reasonable doubt

Plaintiff’s responsibilityPlaintiff’s responsibility

Rights and ResponsibilitiesRights and Responsibilities

Responsibility of Another’s Criminal Responsibility of Another’s Criminal ConductConduct Knowingly aidsKnowingly aids

Ex: lookout during a burglaryEx: lookout during a burglary Ms. RobertsMs. Roberts

Helps PlanHelps Plan

Defenses to Criminal ChargesDefenses to Criminal Charges

DefenseDefense – legal position taken by the – legal position taken by the accused to defeat charges against accused to defeat charges against him or her.him or her.

Procedural Defenses Procedural Defenses – based on – based on problem with the way investigation / problem with the way investigation / arrest is handled.arrest is handled. What’s your verdict? Pg 72What’s your verdict? Pg 72

Procedural DefensesProcedural Defenses

Forced ConfessionForced Confession Evidence gathered illegallyEvidence gathered illegally Ignorance of the law???Ignorance of the law???

Defenses to Criminal ChargesDefenses to Criminal Charges

Substantive Defenses Substantive Defenses – disprove, – disprove, justify, or excuse alleged crime.justify, or excuse alleged crime. You committed the act, but you have an You committed the act, but you have an

excuseexcuse Self-DefenseSelf-Defense Criminal InsanityCriminal Insanity ImmunityImmunity

DefensesDefenses

EntrapmentEntrapment MistakeMistake ConsentConsent DuressDuress InfancyInfancy Statute of Limitations (Procedural)Statute of Limitations (Procedural)

Substantive DefensesSubstantive Defenses

Do you have to testify against Do you have to testify against yourself?yourself? Against a friend?Against a friend? Spouse?Spouse?

Contempt of Court – action that Contempt of Court – action that hinders the administration of justicehinders the administration of justice

Punishments for CrimesPunishments for Crimes

What is the purpose of punishment?What is the purpose of punishment? Remedy or disciplineRemedy or discipline

Exceptions to intent requirementExceptions to intent requirement

Plea BargainingPlea Bargaining Voluntarily give up the right to trial. Voluntarily give up the right to trial.

Why?Why?

End of UnitEnd of Unit

Jeopardy?Jeopardy? Unit Test Chapters 1-3Unit Test Chapters 1-3

Review 4-1Review 4-1

Legally, a crime is considered an offense Legally, a crime is considered an offense against ____________against ____________

Ben is convicted and sentenced to 2 -5 Ben is convicted and sentenced to 2 -5 years. He has convicted a _________years. He has convicted a _________

When an officer of a corporation will be When an officer of a corporation will be held criminally liable under the doctrine of held criminally liable under the doctrine of __________________

Falsely making or materially altering a Falsely making or materially altering a writing is known as the crime of false writing is known as the crime of false pretneses. T or Fpretneses. T or F

Review 4-2Review 4-2

Pg 75Pg 75

Chapter 4 Criminal Law and Procedure. Crimes and Criminal Behavior Hot Debate Hot Debate What’s...

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