august 9, 2002business law (ms. hawkins)1 chapter 4: criminal law & procedure chapter 4 presents...

August 9, 2002 BUSINESS LAW (Ms. Hawkins) 1

CHAPTER 4: CRIMINAL LAW & PROCEDURE

Chapter 4 presents criminal

law and criminal law

procedures.

http://www.library.uiuc.edu/edx/webstats.htm

http://topics.developmentgateway.org/poverty/rc/BrowseContent.do~source=RCContentUser~folderId=3330?goo=2385

http://www.library.uiuc.edu/edx/webstats.htm





Here are some interesting crime statistics:

One in three black men between the ages of 20 and 29 years old is under correctional supervision or control.

http://www.drugwarfacts.org/racepris.htm US Dept. of Justice


http://www.drugwarfacts.org/racepris.htm



http://www.ojp.usdoj.gov/bjs/crimoff.htm US Dept. of Justice

In 1997, about 9% of the black population in the U.S. was under some form of correctional supervision compared to 2% of the white population


http://www.ojp.usdoj.gov/bjs/crimoff.htm



10.0% of black males age 25 to 29 were in prison on December 31, 2001, compared to 2.9% of Hispanic males and about 1.2% of white males in the same age group.






According to the US Census Bureau, the US population in 2000 was 12.1 % Black.






According to the 1998 federal Household Survey, “most current illicit drug users are white.”• Whites (72 percent of all users) • Blacks (15 percent of all users) • Hispanics (10 percent of all users) http://www.drugwarfacts.org/racepris.htm US Dept. of Justice





And yet, blacks constitute 36.8% of those arrested for drug violations, over 42% of those in federal prisons for drug violations and almost 58% of those in state prisons for drug felonies.






Among persons convicted of drug felonies in state courts, whites were less likely than African-Americans to be sent to prison. Thirty-three percent (33%) of convicted white defendants received a prison sentence, while 51% of African-American defendants received prison sentences. http://www.drugwarfacts.org/racepris.htm US Dept. of Justice




What is crime?A punishable offense against society.

What is the difference between a crime and a civil offense?Civil offenses are against a victim and not society.



Hot Debate (Page 66)Q: Should Emily be punished for her crime?

Yes: Respect for the evenhandedness of the law would be lost if Emily was not tried for the crime.No: Emily accomplished what the law could not do.



Victims Can Sue

For almost all crimes, the victim can sue identified criminals for civil damages.

Q: Why does this seldom happen?

A: Few criminals have the ability to pay judgments.



How Are Crimes Defined?

Crimes are defined by statute

(laws enacted by state or federal legislatures).



Elements of a CrimeThese elements must be proved in order for a person to be convicted of a crime:1. A duty to do or not to do a certain thing (Usually a state statute is cited to the judge).2. An act or omission in violation of that duty (A breach of duty violating a statute, known as a “criminal act”)3. Criminal intent (must be proved).



What’s Your Verdict? (Page 67)Q: Has Davis committed a crime despite repayment?

A: Duty: Davis has a duty not to take the credit union’s money.

B: Violation: Davis took at least $35,000 belonging to the C.U.; (embezzlement: taking another’s property or money by a person to whom it has been entrusted).C: Intent: Criminal intent could be proven with the testimony of the auditors.



Can Corporations Form Criminal Intent?

• If corporate employees are guilty of proven criminal intent, the employer may be judged to have it, especially if the criminal act benefits the company.

• Corporate officers can be held criminally responsible under the doctrine of “vicarious criminal liability.”



Can A 7 Year Old Be Criminally Liable?

First, criminal intent must

be established. One must

have sufficient mental

capacity to know the difference

Between right and wrong.



Can A 7 Year Old Be Criminally Liable?…

What are some examples of insufficient mental capacity for criminal intent?• The age of criminal liability in most states

ranges from 16 to 19 years old; some states may try 7 year olds as adults, depending on the seriousness of the crime.

• Insane persons



CHAPTER 5: OUR CRIMINAL LAWS

Can A 7 Year Old Be Criminally Liable?…


Is Criminal Intent Always Required?…

What are some examples where criminal intent is not required to convict?• Less serious crimes such as traffic violations.• Actions of extreme carelessness (vehicular

manslaughter while DUI)



Criminal Conduct

Criminal conduct can be

classified as crimes against:

• Persons• Property• The Government• The Public

• Realty• Consumers• Decency



Criminal Conduct…

Crimes against--• Persons (assault and battery, kidnapping, rape,

murder)• Property (theft, robbery, embezzlement)• The Government (treason, tax evasion, perjury)• The Public Peace (rioting, disorderly conduct)



Criminal Conduct…

Crimes against--• Realty (burglary, arson, criminal trespass)• Consumers (fraudulent sale of securities,

violation of pure food and drug laws)• Decency (bigamy, obscenity, prostitution)



Criminal Conduct…AssaultThe threat or attempt to strike another,whether successful or not, provided the target is aware of the danger.

BatteryThe actual intentional striking of someone, with intent to harm, or in a "rude and insolent manner" even if the injury is slight.

http://dictionary.law.com/



Criminal Conduct…

“Theft” or “Larceny”The dishonest appropriation of property belonging to another with the intention of permanently depriving that person of it.




Criminal Conduct…

Treason The crime of betraying one's country (levying war against them, or in adhering to their enemies, giving them aid and comfort). http://dictionary.law.com/



Criminal Conduct…

Robbery When a robbery is committed there has to be both violence, or the threat of violence, and a theft.




Criminal Conduct…BurglaryBurglary is committed by any person who enters a building or part of a building, as a trespasser with the intent to steal, inflict grievous bodily harm, rape, or commit criminal damage, and who does so. http://dictionary.law.com/



Name That Crime!

White Collar Crimes


Drug Crimes

Violent Crimes

Sex Crimes


August 9, 2002 BUSINESS LAW (Ms. Hawkins) 29http://www.fightforme.com/



Crime Definitions:


MAYHEM - The act of unlawfully and violently depriving another of the use of such of his members as may render him less able in fighting either to defend himself or annoy his adversary; and therefore the cutting or disabling, or weakening a man's hand or finger, or striking out his eye or foretooth, or depriving him of those parts the loss of which abates his courage, are held to be mayhems. But cutting off the ear or nose or the like are not held to be mayhems at common law.

http://www.lectlaw.com/def.htm




Crime Definitions:


INSIDER TRADING - is not defined in any specific statute; it is a term used to describe insiders (such as officers of a corporation) taking unfair advantage of information to make money or avoid losing money in securities. Generally, insider trading means that an insider with material, non-public information engages in trading without disclosing that information to the public first. These crimes typically are prosecuted under the Securities and Exchange Act of 1934.





Crime Definitions:


FRAUD - intentionally lying in order to induce someone to rely on the lie and part with something of value, with resulting injury or damage.





Crime Definitions:


THE RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS ACT (RICO Charges) was established to fight the influence of organized crime on legitimate businesses. Defendants may be found guilty of violating RICO if they engage in "racketeering activity" under the auspices of an enterprise that affects interstate commerce, or if they are involved in the collection of an unlawful debt. There are nine state and 35 federal offenses specifically listed as racketeering activity. The nine listed state offenses are murder, kidnapping, gambling, robbery, arson, bribery, dealing in obscene materials, and dealing in narcotics or other dangerous drugs. Drug smuggling, murder, bribery, and extortion of "protection money" are examples of the activities to which RICO was originally applied.

http://www.weblocator.com/attorney/ca/law/b20.html



Crime Definitions:


use, of violence or other criminal means to cause harm to person, reputation, or property as a means to obtain property from someone else with his consent; also known as “blackmail.” (USC 18)


EXTORTION - The use, or the express or implicit threat of the



Crime Classifications:

Crimes are usually classified aseither felonies or misdemeanors.






FelonyA crime punishable by confinementfor more than a year in a state prisonor by a fine of more than $1,000, orboth—or even death.

Examples: murder, rape, arson, robbery burglary, embezzlement, kidnapping, forgery, perjury, theft of large sums…




MisdemeanorA less serious crime punishableby confinement in a county or city jail for less than one year, by fine, or both.

Examples: disorderly conduct, speeding…http://dictionary.law.com/



Terms To Know…

PerjuryTo lie under oath.

White-Collar CrimeCrimes that do not involve force or violence, and which do not cause injury to people, and do not cause physical damage to property.




Terms To Know…

Antitrust LawsLaws that state that competing companies may not cooperate in fixing prices or in dividing sales regions (competition is required).

Larceny (“Theft”)Remember that 2 types of larceny are burglary and robbery.




Terms To Know…

Receiving Stolen PropertyReceiving or buying property known to be stolen, with intent to deprive the rightful owner of the property (a “fence”).

False PretensesOne who obtains money or other property by lying about a past or existing fact (a type of fraud).




Terms To Know…

ForgeryFalsely making or materially altering a writing to defraud another.

BriberyUnlawfully offering or giving anything of value to influence performance of an official.




Terms To Know…

Computer CrimeMany states have created newcriminal laws for computer-related crimes.

ConspiracyAn agreement between two or more persons to commit a crime; can be a felony or misdemeanor.




Terms To Know…

ArsonThe willful and illegal burningof a building; in some states it isarson if you burn your own building (i.e., insurance fraud).




Rights When Arrested

• Defendants don’t have to testify against themselves (self-incrimination)

• Defendants have the right to cross-examine witnesses.

• Defendants have the right to legal representation.• Defendants must be proven guilty with proof

beyond a reasonable doubt• Trial by jury




Criminal Procedure in EuropeNo protection against self-incrimination.• Testimony based on hearsay and opinion is allowed.• Defendants are not presumed innocent until proven guilty.• Victims and their families can become parties to

investigations.• Judges take an active role in trials.




Responsibility for the Criminal Conduct of Others

A person who aids another in the commission of a crime is also guilty of criminal wrongdoing.

Examples: look-out people, drivers of get away cars, those who plan a crime




Defenses to CriminalCharges

A defense allows a Defendant to escape liability.

The two types of defenses are:1. Procedural2. Substantive




Procedural Defenses

Based on problems with: • The way evidence is obtained• The way the accused person is arrested, questioned, tried, or punished




Procedural Defenses (What’s Your Verdict? Page 72)

Would it be fair for Will and Zach to get off because they werenot advised of their rights?




Substantive Defenses

These defenses disprove, justify, or excuse the alleged crime.

Examples are: • Self-defense• Criminal insanity• Immunity





Self-defenseThe use of force that appears to be reasonably necessary to prevent death, serious bodily harm, rape, or kidnapping.





Criminal InsanityThe accused does not know the difference between right and wrong, hence there is no intent and no crime.





ImmunityFreedom from prosecution, even when one has committed the crime charged; often granted in exchange for an agreement to testify about the criminal conduct of other criminals.





Terms To Know…

Contempt of CourtAn action that hinders the administration of justice; it is a crime punishable by imprisonment.




Terms To Know…

Plea BargainingAn accused person agrees to plea guilty to a less serious crime in exchange for having a more serious charge dropped.




Relationship Between Poverty and Crime

Hurricane Katrina victims stole food and water to stay alive.





Children from poor, rural homes are increasingly engaging in aggression and violence at the same rate that mothers report being victims of violence.

The Idaho Kids Count project in a report called, "Growing up Poor in Idaho," said domestic violence most often occurs in homes that have a $10,000 income or less.

Juvenile Justice Digest, Sep 28, 2001





According to the Census Bureau, at least 7 million "latchkey children" return to an empty house on any given afternoon.

When left unsupervised, children are most at risk between 3 and 6 p.m. According to the U.S. Department of Justice, it is during these hours that children are most likely to commit or be victimized by crime; to smoke, drink or use drugs; to engage in premature sexual activity; or to get involved in gang-related activity. Parks & Recreation, August, 2005 by Monica Hobbs Vinluan





He (Andrew Young, former UN Ambassador, and former Atlanta mayor) said that “if the gap between the rich and the poor is reduced, cities crippled by crime and violence will become much better places to live.”

"I want us to look at the problem of crime as a function of an economy that has not yet reached all of our citizens,"

Jet, March 3, 1997





Historically, the causes and origins of crime have been the subjects of investigation by varied disciplines. Some factors which are known to affect the volume and type of crime occurring from place to place are:

•Population density and degree of urbanization.

• Variations in composition of the population, particularly youth concentration.

Uniform Crime Reports: Crime in the United States, Annual, 1999





• Modes of transportation and highway system. • Economic conditions, including median income, poverty

level, and job availability.• Cultural factors and educational, recreational, and religious

characteristics. • Family conditions with respect to divorce and family

cohesiveness. • Climate. • Effective strength of law enforcement agencies.






• Administrative and investigative emphases of law enforcement.

• Policies of other components of the criminal justice system (i.e., prosecutorial, judicial, correctional, and probational). Citizens' attitudes toward crime. Crime reporting practices of the citizenry.



august 9, 2002business law (ms. hawkins)1 chapter 4: criminal law & procedure chapter 4 presents...

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