Law for Business and Personal Use © South-Western, a part of Cengage LearningSlide 1 Chapter 4 Criminal Law and Procedure Chapter 4 Criminal Law and Procedure

Law for Business and Personal Use

© South-Western, a part of Cengage Learning Slide 1

Chapter 4

Chapter 4Criminal Law and ProcedureCriminal Law and Procedure

4-14-1 Criminal Law

4-24-2 Criminal Procedure



Chapter 4

4-14-1 Criminal Law

GOALS Understand the three elements that make up

a criminal act Classify crimes according to the severity of

their potential sentences Identify the types of crimes that affect

business



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CRIMES AND CRIMINAL BEHAVIOR

The most fundamental characteristic of a crime is that it is a punishable offense against society.

When a crime occurs, society attempts to identify, arrest, prosecute, and punish the criminal. These efforts are designed to protect society, not the victim, of the crime.

It is up to society’s chosen representatives to determine what action to take against the person who committed the crime.



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Elements of criminal acts – Before you can be convicted of a crime, the prosecution, at the trial, must prove three elements regarding your behavior: Whether you had a duty to do or not do a certain

thing Whether you performed an act or omission in

violation of that duty Whether or not you had criminal intent



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Elements of criminal acts (cont.) Duty – Generally, under our system, everyone

has a legally enforceable duty to conform his/her conduct to the law’s requirements.

Violation of the duty – The breach of duty is a criminal act.



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Elements of criminal acts (cont.) Criminal intent – Criminal intent generally means

that the defendant intended to commit the specific act or omission defined as criminal in the controlling statute. Note that intent and motive are separate in the eyes of the law. Intent refers strictly to the state of mind that must be

present concurrently with the alleged criminal act or failure to act.

Motive refers to what specifically drives a person to act or refrain from doing so.



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Elements of criminal acts (cont.) Criminal intent creates two issues related to

corporations: Can a corporation, which is an organization, form

criminal intent the way humans can? The answer is, “yes.”

When a corporate employee commits a crime, can officers be held criminally responsible? The answer is often, “yes” under the doctrine of vicarious criminal liability. This means, the criminal intent is used as a substitute for the requirement of criminal intent for an officer.



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Elements of criminal acts (cont.) Criminal intent is also related to age.

Under early common law, children under 7 were considered incapable of forming the criminal intent necessary for crimes. Those over 14 were presumed capable for responsible for adult acts. For children 7 to 14, such ability had to be proven.

Today, statues in most state fix the age of criminal liability at 18, but the figure ranges from 16 to 19. Generally, what is a crime for an adult is juvenile delinquency for a minor.



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Elements of criminal acts (cont.) Criminal intent is also related to mental capacity

(ability to know the difference between right and wrong). Insane persons are not held responsible for their criminal

acts. People who voluntarily become intoxicated or drugged

are held responsible.

Some minor crimes, such as traffic offenses, do not require the element of criminal intent.



Chapter 4

What three elements must be proven at trial before someone can be convicted of a crime?



Chapter 4

CLASSIFICATIONS OF CRIMES

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. Murder, kidnapping, arson, rape, robbery,

burglary, embezzlement, forgery, theft of large sums, and perjury are examples of felonies.



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CLASSIFICATIONS OF CRIMES

Misdemeanors – A misdemeanor is a less serious crime. It is usually punishable by confinement in a county or city jail one year or less, by a fine of $1,000 or less, or both. Disorderly conduct and speeding are examples of

misdemeanors. Some states classify lesser misdemeanors as

infractions. These result in fines only, and the defendant charged is not entitled to a jury trial. Examples include parking violations and littering.



Chapter 4

Name the two categories of crimes classified by the severity of their potential sentences.



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BUSINESS-RELATED CRIMES

Offenses committed in the business world typically are referred to as white-collar crimes. These crimes do not involve force or violence and do not cause physical injury to people or damage to property. Courts tend to be more lenient with white-collar criminals. Punishments include fines or short prison sentences.



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Larceny – Larceny, commonly known as theft, is the wrongful taking of money or personal property belonging to someone else, with intent to deprive the owner of it. Robbery and burglary are variations of larceny Robbery is the taking of property from another’s person or

immediate presence, against the victim’s will, by force, or by causing fear.

Burglary is entering a building without permission when intending to commit a crime.



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Larceny may be either a felony or misdemeanor. The classification is determined by the value of the property stolen and other circumstances. Robbery and burglary are always felonies. A thief who sells the stolen goods is guilty of a separate crime

of selling stolen property.

Receiving Stolen Property – Knowingly receiving stolen property consists of either receiving or buying property known to be stolen, with intent to deprive the rightful owner of the property. One who receives stolen property is known as a fence.



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False pretenses – One who obtains money or other property by lying about a past or existing fact is guilty of false pretenses. This is a type of fraud.

Forgery – Forgery is falsely making or materially altering a writing to defraud another.

Bribery – Bribery is unlawfully offering or giving anything of value to influence performance of an official in the carrying out of his or her public or legal duties. The federal Foreign Corrupt Practices Act of 1977 prohibits most instances of bribery in foreign countries by US companies.



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Computer Crime – The computer revolution has created a range of problems for criminal law. In response, the federal and state governments have created new criminal laws specifically targeting computer-related crimes.

Extortion – Extortion (commonly called blackmail) is obtaining money or other property from a person by wrongful use of force, fear, or the power of office.



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BUSINESS-RELATED CRIMES Conspiracy – An agreement by two or more persons to

commit a crime is called conspiracy. The conspiracy is a crime separate from the crime the parties planned to commit. This crime may be a felony or misdemeanor.

Arson – Arson is the willful and illegal burning or exploding of a building. Arson occurs when someone intentionally starts a fire or causes an explosion that damages or destroys a building or other property without the owner’s consent. In some states, it is arson if you burn your own building to defraud an insurer.



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Name the types of business-related crimes.



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4-24-2 Criminal Procedure

GOALS Know the rights people have when arrested

and their potential criminal liability for the action of others

Name and describe the two types of defenses to criminal charges

Understand appropriate punishment for crimes



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RIGHTS AND RESPONSIBILITIES

Rights of the accused Due process requires fundamental fairness in

governmental actions. Fair procedures during an investigation May not be compelled to testify against self Evidence cannot be developed by unreasonable

searches and seizures. There must be probable cause, or a reasonable ground

for belief.



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RIGHTS AND RESPONSIBILITIES

Rights of the accused (cont.) Right to be represented by a lawyer.

State will provide lawyer for person who can’t afford one.

Evidence must establish guilt with proof “beyond a reasonable doubt.”

Trial by jury In criminal jury trials, the defendant usually is found guilty

only if all the jurors vote to convict.



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RIGHTS AND RESPONSIBILITIES Responsibility for the criminal conduct of others

Person who knowingly aids another in the commission of a crime also is guilty of criminal wrongdoing.

One who plans a crime, or otherwise intentionally helps, is guilty of the same crime.

Corporations can be held vicariously liable for conduct of employees.

Officers of corporation may be criminally liable for actions of managers.



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What constitutional rights would you have if you were accused of a crime?



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DEFENSES TO CRIMINAL CHARGES

To insure the fair application of laws, a criminal defendant may often be able to avoid conviction in court by the use of one or more defenses. In criminal law, a defense is a legal position taken by an accused to defeat the charges against him or her. In court, the state must prove that the defendant is guilty beyond a reasonable doubt.



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Procedural defenses are based on problems with the way evidence is obtained or the way an accused person is arrested, questioned, tried, or punished. Ignorance of the law is not a defense.



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Substantive defenses disprove, justify, or excuse the alleged crime. Most substantive defenses discredit the facts that the state sought to establish. Self-defense is the use of the force that appears

to be reasonably necessary to the victim to prevent death, serious bodily harm, rape, or kidnapping. This defense also extends to members of one’s family and household and to others whom one has a legal duty to protect.



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Substantive defenses (cont.) Self-defense (cont.)

Cannot use deadly force if non-deadly force seems reasonable.

Only non-deadly force may be used to protect or recover property.

May not set deadly traps to protect unoccupied buildings. Civilian may not shoot a thief who is escaping with stolen

property.



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Substantive defenses (cont.) Criminal insanity generally exists when, because

of a verifiable mental disease or defect, the accused does not know the difference between right and wrong.

Immunity is freedom from prosecution even when one has committed the crime charged. One criminal may be granted immunity to testify against

the conduct of several other criminals.



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Substantive defenses (cont.) Immunity (cont.)

A witness who refuses to testify after the grant of immunity is in contempt of court. Contempt of court is action that hinders the administration of justice. It is a crime punishable by imprisonment.



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Name the two defense categories and give an example of each.



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PUNISHMENTS FOR CRIMES

Any 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.Punishment should deter others from similar behavior.It may also remove criminals from society and, in some cases, rehabilitate them during their sentence.



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Punishment for crimes include: Fines Imprisonment Execution

An accused person may agree to plea bargain, which is to plead guilty to a less serious crime in exchange for having a more serious charge dropped.



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Plea bargain (cont.) The accused gives up the right to a public trial to

avoid the risk of a greater penalty if convicted. Plea bargains must be approved by the judge of

the court with the criminal jurisdiction over the case.



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What is the purpose of punishment for a crime?



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PREVENT LEGAL DIFFICULTIES

As a citizen . . . Work to know the law and to live within its

requirements. Never intentionally do something illegal. Never misrepresent a fact to obtain the goods or

services of others. Never threaten others with an illegal act to cause

them to do something. If arrested, immediately contact a lawyer. Know your rights and make use of them.

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Law for Business and Personal Use © South-Western, a part of Cengage LearningSlide 1 Chapter 4 Criminal Law and Procedure Chapter 4 Criminal Law and Procedure