Our Criminal Laws - Coach Espinosa's...

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Chapter 5 Slide 1

Our Criminal Laws

5-1 Criminal Law

5-2 Criminal Procedure

CHAPTER 5

Lessons

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING

Chapter 5 Slide 2

Criminal Law

Define the elements present in all crimes

Describe crimes that commonly occur in the

business environment

LESSON 5-1

GOALS

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Chapter 5 Slide 3

WHAT ARE CRIMES?

Elements of a crime

Criminal conduct

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Chapter 5 Slide 4

ELEMENTS OF A CRIME

Duty

Violation of the duty

Criminal intent

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Chapter 5 Slide 5

CRIMINAL CONDUCT

Criminal conduct may be classified as follows:

Crimes against a person

Crimes against property

Crimes against the government and

administration of justice

Crimes against public peace and order

Crimes against realty

Crimes against consumers

Crimes against decency

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Chapter 5 Slide 6

EXAMPLES OF CRIMES

AGAINST A PERSON

Assault and battery

Kidnapping

Murder

Rape

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Chapter 5 Slide 7

EXAMPLES OF CRIMES

AGAINST PROPERTY

Embezzlement

Theft

Robbery

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Chapter 5 Slide 8

EXAMPLES OF CRIMES

AGAINST THE GOVERNMENT

AND ADMINISTRATION OF JUSTICE

Perjury

Tax evasion

Treason

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Chapter 5 Slide 9

EXAMPLES OF CRIMES AGAINST

PUBLIC PEACE AND ORDER

Disorderly conduct

Illegal speeding

Rioting

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Chapter 5 Slide 10

EXAMPLES OF CRIMES

AGAINST REALTY

Arson

Burglary

Criminal trespass

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Chapter 5 Slide 11

EXAMPLES OF CRIMES

AGAINST CONSUMERS

Fraudulent sale of securities

Violation of pure food and drug laws

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Chapter 5 Slide 12

EXAMPLES OF CRIMES

AGAINST DECENCY

Bigamy

Obscenity

Prostitution

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Chapter 5 Slide 13

CLASSIFICATION

OF CRIMES

Felony

Misdemeanor

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Chapter 5 Slide 14

FELONY

A felony is a crime punishable by

confinement for more than a year in a

state prison or by a fine of more than

$1,000, or both—or even death.

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Chapter 5 Slide 15

EXAMPLES OF FELONIES

Arson

Burglary

Embezzlement

Forgery

Kidnapping

Murder

Perjury

Rape

Robbery

Theft of large sums

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Chapter 5 Slide 16

MISDEMEANOR

A misdemeanor is a less serious crime.

It is usually punishable by confinement

in a county or city jail for less than one

year, by fine, or both.

Examples of misdemeanors include

disorderly conduct and speeding

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Chapter 5 Slide 17

INFRACTION

Some states classify lesser

misdemeanors as infractions.

A person convicted of an infraction can

only be fined.

Because there is no risk of being jailed,

the defendant is not entitled to a jury trial.

Examples include littering and parking

violations.

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Chapter 5 Slide 18

BUSINESS-RELATED CRIMES

Larceny

Receiving stolen

property

False pretenses

Forgery

Bribery

Computer crime

Extortion

Conspiracy

Arson

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Chapter 5 Slide 19

Criminal Procedure

Know the rights a person has when arrested

Recognize a person’s potential criminal liability

for the actions of others

Understand the justifiability of the common

defenses to criminal charges

LESSON 5-2

GOALS

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Chapter 5 Slide 20

RIGHTS AND

RESPONSIBILITIES

Rights when arrested

Due process

Representation by a lawyer

Responsibility for the criminal conduct

of others

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Chapter 5 Slide 21

DEFENSES TO

CRIMINAL CHARGES

Procedural defenses

Substantive defenses

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Chapter 5 Slide 22

PUNISHMENTS

FOR CRIMES

A penalty provided by law and imposed

by a court is called a punishment.

The purpose is not to remedy the wrong

but rather to discipline the wrongdoer.

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Chapter 5 Slide 23

PLEA BARGAINING

Plea bargaining is when an accused

person agrees to plead guilty to a less

serious crime in exchange for having a

more serious charge dropped.

When plea bargaining the accused

gives up the right to a public trial to

avoid the risk of greater penalty if

convicted.