Chapter 5

Criminal Law

Crime vs. Civil Offense

Crime = A punishable offense against society.

Civil Offense = Offenses against just the victim, not society.

Crimes are defined by statute (laws enacted by state or federal legislation).

Elements of a Crime

1. Duty—statutes prohibit certain conduct. To establish duty in a trial, the prosecutor cites a statute to the judge.

2. Breach of duty—violation of duty is the criminal act. Could be proved in trial by a witness.

3. Criminal intent—intended to commit the act and intended to do evil.

Embezzlement

Taking another’s property or money by a person to whom it has been entrusted.

Criminal Intent for Corporations

1- A corporation can have criminal intent.

2- Corporate officers will be held criminally liable under the doctrine of VICARIOUS CRIMINAL LIABLILITY for crimes of corporate employees

Criminal Intent vs. Age

Under 7 = Below the age of reason and no criminal intent.

7-14 must prove they know the consequences of their actions.

Over 14 = usually accountable as adults Generally what is a crime for an adult is

juvenile delinquency for a minor.

Criminal Intent

To have criminal intent you must have sufficient mental capacity to know the difference between right and wrong.

Voluntary intoxication does not take away criminal responsibility.

Some crimes do not require the element of criminal intent.– Traffic Offenses – Vehicular homicide can be charged for actions

involving extreme carelessness.

Criminal Conduct

See Graph on page #68

Felony A crime punishable by confinement for

more than 1 year in a state prison or by a fine of more than $1,000 or both.– Murder, Burglary, Arson, Rape

Perjury– lie under oath.

Misdemeanor

A less serious crime. Usually punishable by confinement in a

county or city jail for less than 1 year.– Speeding, disorderly conduct

Infractions

Low level crimes – Lesser misdemeanors.– No jail, only fine– Examples:

Littering, parking violation

White-Collar Crimes Offenses committed in the business

world. Do not involve force or violence and do

not cause physical damage to property.Examples: embezzling, tax evasion, Martha Stewart

Antitrust Laws

State that competing companies may not cooperate in fixing prices or in dividing sales regions.

Require that business firms compete with each other.

LarcenyAnother word for TheftTypes include:

– Robbery = Taking of property from another against the victims will by force or causing fear.

– Burglary = Entering a building without permission when intending to commit a crime.

– Both are always felonies. Sometimes larceny is a misdemeanor

(shoplifting)

Receiving Stolen Property

Someone who receives stolen property is known as a “Fence”

If you know it was stolen you are guilty of a crime.

False Pretenses

One who obtains money or other property by lying about a past or existing fact.

This is a type of fraud. How does this differ from larceny?

» Victim parts with property voluntarily.

Forgery

Falsely making or materially altering a writing to defraud another

Usually involves check writing. Usually a felony.

Bribery

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

Also prohibited in foreign countries by U.S. companies.– Pro gambler pays athlete to lose game

intentionally.

Computer Crime

Since larceny involves “Taking” and often computer crime is just “Copying” many states have created new computer laws.

Extortion

Commonly known as “Blackmail” Obtaining money or other property from

a person by wrongful use of force, fear, or the power of office.

Conspiracy

An agreement between two or more persons to commit a crime.

Can include fixing prices etc.

Arson

Willful and illegal burning of a building.

Assignment:

Think About Legal Concepts 1-5Think Critically 6-8All on page 70

Criminal Procedure Lesson 5-2

The authors of the Constitution believed it was better for our society to give individuals too much liberty than to allow the government too much power.

Rights when Arrested

Criminal defendant may not be forced to testify against themselves.

Right to cross-examine witnesses. Right to be represented by a lawyer. If

you cannot afford a lawyer the state will provide one.

To be found guilty of a crime

Defendants have a right to trial by a jury.

In a jury trial all the jurors must vote to convict.

Must establish guilt with proof beyond a reasonable doubt.

Responsibility for the Criminal Conduct of Others Accomplice--A person who aids another

in the commission of a crime is also guilty of criminal wrongdoing.

Also, Corporations can be guilty of vicarious liability.

Defenses To Criminal Charges

The state must prove the defendant’s guilty beyond a reasonable doubt.

Often allows the defendant to escape liability

Defenses To Criminal Charges (2 Types)

Procedural– Problems with the

way evidence is obtained or the way the accused person is arrested, questioned, etc.

Substantive– Disprove, justify,

or excuse the alleged crime.

Ignorance of the law is not a defense.

Substantive Defenses

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

Criminal Insanity - When the accused does not know the difference between right and wrong. (Cannot have criminal intent)

Substantive Defenses

Immunity - Freedom from prosecution even when one has committed the crime.– Contempt of Court – an action that

interferes with the administration of justice.Someone who refuses to testify after a grant of immunity, or without a legal basis for the refusal, is in contempt of court.

Punishment in Criminal Cases

The purpose of the punishment is not remedy the wrong but rather to discipline the wrongdoer.

Should also act as a deterrent to others.

Plea Bargaining

Pleasing guilty to a less serious crime in exchange for having a more serious charge dropped.

Give up the right to a public trial. (Because you are pleading guilty)

Discuss Lesson 5-1 Practice Activity question #2 Appeals court opinion:http://www.kentlaw.edu/faculty/rstaudt/classes/oldclasses/

internetlaw/casebook/briggs.html

Should Terry Briggs, the computer programmer, who refused to reveal passwords be convicted of a crime?

Assignment

Think About Legal Concepts 1-5 pg 73

Vocab 1-12 pg 74