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8/11/2019 crimes_against_property_and_defenses.ppt
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The category of crimes against propertyincludes two groups:
crimes in which property is destroyed and crimes in which property is stolen or taken against
the owner's will.
During the late 1990s, there were fewercrimes against property, in part becauseAmericans developed better ways to preventthese crimes
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Arson and vandalism are examples of crimesinvolving the destruction of property.
Arson is the intentional and malicious burningof another person's property.
In most states it is a crime to burn anybuilding or structure, even if the personsetting the fire is the owner.
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Most states identify larceny as either grand orpetty.
Grand larceny
which is a felony
occurswhen anything above a certain value isstolen.
Usually the amount is over $100. Petty larceny is a misdemeanor that involves
the theft of anything of small value.
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Shoplifting is a form of larceny Concealment is similar to larceny, but a
separate crime. Concealment is when an attempt to shoplift
occurs. Nearly half of all high school students report
they have shoplifted within the last 12months
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Robbery is the taking of property from aperson's immediate possession by using force
or threats, and is therefore also a crimeagainst a person. The difference between larceny and robbery
is the use of force
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Extortion, which is also called blackmail,takes place when one person uses threats to
obtain another person's property. The threats may include harm to the victim's
body, property, reputation, or loved ones.
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Burglary is the unlawful entry into anydwelling or structure with the intention to
commit a crime. A person who is entrusted with property but
then takes it unlawfully is guilty ofembezzlement.
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Other crimes against property include
forgery,
receiving stolen property, and
unauthorized use of a vehicle.
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The Internet has led to an increase incybercrime, which is any unlawful use of a
computer or computer technology. Identity theft often involves the use of a
computer. Cybercrime also includes illegal downloading,
illegal copying of software, and theintentional spreading of a computer virus.
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To win a conviction in a criminal case, theprosecutor must prove beyond a reasonable
doubt that the defendant committed thecrime with the required intent. The defendant does not have to present a
defense, but if he or she does, there are anumber of possible defenses available.
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When there is confusion or doubt about whocommitted a crime, the defendant may try to
prove that there has been a case of mistakenidentity and that he or she was not the personresponsible for the crime.
An alibi must be presented (evidence that thedefendant was somewhere else when thecrime occurred)
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The defendant may decide to try to provethat
(1) no crime was committed, or (2) there was no criminal intent because the act
was simply committed by mistake.
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Today, DNA testing can sometimes be usedto prove whether or not the defendant was
responsible.
In recent years, some people convicted ofcrimes have been able to prove theirinnocence because of this testing.
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The law allows people to use deadly forcewhen their own or someone else's life is in
danger. The law also permits people to use reasonable
force to protect themselves, their property,and others from harm.
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Sometimes a criminal act may be consideredexcusable or justifiable.
This type of defense includes self-defenseand defense of property and others.
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In this type of defense, the defendantacknowledges that he or she committed the
act but argues that there are reasons the lawshould not consider the defendant criminallyresponsible.
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Infancy: when a person is considered not yetlegally responsible for their actions
Intoxication: the defendant was so high ordrunk at the time that they did not knowwhat they were doing makes them unable to
Insanity: based on the idea that thedefendant could not tell right from wrong
Example
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Entrapment: the defendant commits thecrime but say they were forced to do so by a
law enforcement officer. Duress: the defendant claims they had to do
something because of threat to their own life