5-1 Criminal Law 5-2 Criminal Procedure

1Chapter 5

CHAPTER 5Business LawMrs. A

•Define the Define the elementselements present in all present in all crimescrimes

•Describe Describe crimescrimes that commonly that commonly occur in theoccur in the business environmentbusiness environment

2Chapter 5

LESSON 5-1

1. Duty: to do or not to do a certain thing

2. The Breach of that Duty: specific conduct that violates a statute (a law made by a state or federal legislature)

3. Criminal Intent: the person intended to commit the act and do evil

Chapter 5 3

Assault (threatening) and battery (contact)

Kidnapping

Murder

Rape

Chapter 5 4

Embezzlement

Theft (Larceny)

Robbery (force)Burglary

Chapter 5 5

Perjury: Liar, Liar

Tax evasion

Treason: Giving away US secrets to

other countries

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Disorderly conduct

Illegal speeding

Rioting

Chapter 5 7

Arson – willful illegal burning of a

buildingB

urglary - entering a building with the intent intent

to commit a crimeto commit a crimeC

riminal trespass:1. Damage someone's property 2. Enter the property for an unlawful purpose or without authorization

after receiving notice not to trespass

Chapter 5 8

Fraudulent sale of securities

Bernard “Bernie” Madoff ($165 Billion) Ponzi Scheme: an operation that pays returns to investors from

their own money or money paid by subsequent investors rather than from profit

***150 Years in Jail***V

iolation of pure food and

drug laws

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Bigamy

Obscenity

Prostitution

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Felony

MisdemeanorInfraction

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A felony is a crime punishable by:1.State prison for more than a year 2.A fine of more than $1,0003.Both 1 & 24.Death

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A misdemeanor is a less serious crime.

1. County or city jail for less than one year2. A fine3. Both jail and a fine

Examples of misdemeanors include

disorderly conduct and speeding

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Some states classify lesser misdemeanors lesser misdemeanors as

infractions.

1. Only a fine2. There is no risk of being jailed3. The defendant is not entitled to a jury trial.

EExamplesxamples include littering and parking

violations. Parking Wars!!!

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Larceny

Receiving stolen

property

False pretenses

Forgery

Bribery

Computer crime

Extortion

Conspiracy

Arson

Chapter 5 15

•What are your rightsrights when arrested•Recognize a person’s potential potential criminalcriminal liability for the actions of othersliability for the actions of others•Common defenses Common defenses to criminal charges

16Chapter 5

LESSON 5-2

Rights when arrested

Due process Representation by a lawyer

Responsibility for the criminal conduct of others

(conspire, act as lookout)

VicariVicarious Criminal Liabilityous Criminal Liability

CrimCriminal Case Standard:inal Case Standard:

GuiltGuilty with proof beyond a reasonable doubt.y with proof beyond a reasonable doubt.

(Harder to convict than a civil case)

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PProcedural defensesrocedural defenses – the way evidence

was obtained

SSubstantive defensesubstantive defenses - disprove, justify

or excuse the alleged crime

1. Self-defense2. Insanity – right vs. wrong3. Immunity

IGNORANCE IGNORANCE IS NOT A DEFENSE!IS NOT A DEFENSE!

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A penalty provided by law and

imposed by a court is called a punishmentpunishment.

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

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Plea bargaining - plead guilty to a plead guilty to a less serious crimeless serious crime in exchange for having a more serious charge dropped.

GGives up the right to a public trialives up the right to a public trial

Chapter 5 20

NO