Our Criminal Laws

Chapter 5

A punishable offense against society

Society (through police & prosecutors) attempts to identify, arrest, prosecute, and punish the criminal.

Efforts are designed to protect society rather than the victim of the crime.

What is a crime?

1. DutyState statutes prohibiting certain conduct.

2. Violation of the DutyBreach of the duty

3. Criminal IntentDefendant intended to commit the actDefendant intended to do evil

Three elements of a crime?

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

ExampleI am the bookkeeper for a company. I write in the check ledger that I wrote check #123 to pay a $50 electric bill. The electric bill was really $25.00. I wrote MYSELF a check for $50.00 I paid the $25.00 electric bill and pocketed the extra $25.00 . If the owner does not audit the books, this could be done over and over and adds up to lots of money.

Embezzlement

Can corporations/organizations form criminal intent?

Yes—if their employees have criminal intent, their employer may be judged to have

criminal intent.

When corporate employees commit a crime, can officers be held criminally responsible?

Yes—vicarious criminal liability

Corporations and Criminal Intent

Early common lawUnder 7 –below the age of reasonOver 14 –know the difference between right and

wrongBetween these ages knowledge have to be proven

TodayAge of criminal liability is 18 in most statesMinors are young as 7 may be tried and punished as

adults if they are accused of serious crimes such as murder

Criminal Intent and Age

Sufficient mental capacity is needed

Insane persons (not having mental capacity)

Voluntary intoxication (yes still has the necessary mental capacity)

Drug use (yes still has the necessary mental capacity)

To prove Criminal Intent

• Not for less serious crimes when jail is unlikely

• Traffic offenses

• Extreme carelessness --Sometimes conduct is so careless some courts treat it the same as criminal intent

Is Criminal Intent Always Required for a Crime?

Crimes against a person

• Assault and battery, kidnapping, rape, murder

Crimes against property

• Theft, robbery, embezzlement

Crimes against the government and administration of justice

• Treason, tax evasion, perjury (lying on witness stand)

Criminal Conduct

Crimes against public peace and order

• Rioting, disorderly conduct, illegal speeding

Crimes against realty

• Burglary, arson, criminal trespass

Crimes against consumers

• Fraudulent sale of securities, violation of pure food and drug laws

Crimes against decency

• Bigamy, obscenity, prostitution

Criminal Conduct

Felony – most serious crimes

• Punishable by: confinement for more than a year in state prison and/or a fine of more than $1,000 or Death

• Crimes including: murder rape kidnappingarson robbery burglaryforgery perjury embezzlementtheft of large sums

Classification of Crimes

Misdemeanor

• Punishable by confinement in a county or city jail for less than one year and/or by fine

• Crimes including: disorderly conduct speedingminor infractions

Classification of Crimes

• Businesses are subject to general criminal law

• Referred to as white-collar crimes

• Do not involve force or violence, do not cause injury to people, and do not cause physical damage to property

• Examplesevading income taxes defrauding consumers conspiring to fix prices briberyfalse fire and auto insurance claims

Business Related Crimes

Commonly known as theft

• The wrongful taking of money or personal property belonging to someone else, with the intent to deprive the owner of possession

• Robbery—taking of property from another’s person or immediate presence, against the victim’s will, by force or by causing fear

• Burglary—entering a building without permission when intending to commit a crime

Larceny

Examples: Shoplifting, pick pocketing, purse snatching

• Can be a felony or a misdemeanor

• Determined by the value of the property stolen and other circumstances

• Robbery and burglary are always felonies

Larceny (cont.)

Knowingly receiving stolen property

• Having the intent to deprive the rightful owner of the property

Fence

• one who receives stolen property

Receiving Stolen Property

• Obtaining money/property by lying about a past or existing fact

• Because of not being told the truth the victim parts with property voluntarily

• A type of fraud

False Pretenses

• Falsely making/altering a writing to defraud another

• Often involves checks

• Usually this crime is a felony

Forgery

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

• Soliciting or accepting the bribe is also a crime

Bribery

Falls under Larceny“the taking of personal property”

Computer Crime

• Known as blackmail

• Obtaining money/property from a person by wrongful use of force, fear, or power of office

Extortion

• Known as blackmail

• Obtaining money/property from a person by wrongful use of force, fear, or power of office

Conspiracy

Willful and illegal burning of a building

Arson