Our Criminal Laws

Criminal Law & Criminal ProcedureChapter 5

Section 5-1 Goals EXPLAIN THE ELEMENTS OF A CRIME

DESCRIBE THOSE CRIMES WHICH COMMONLY OCCUR IN THE BUSINESS ENVIRONMENT

IMPORTANT! IGNORANCE OF THE LAW IS NO EXCUSE TO BE RELIEVED OF A CRIME!

Criminal law Hot debate – pg 66

Discuss questions

Emily vs. Northside Chemical Company

What is a crime?

Crime A punishable offense against society Attempts to identify, arrest, prosecute or

punish the criminal to protect society Defined by statute

Civil offense Offenses against a victim, not society Victims can sue for civil damages

Most crimes-the criminal has very little money to sue for…

3 Elements of a Crime

1. A duty to do or not do a certain thing

• Usually described by state statutes

2. An act or omission in violation of that duty

• Criminal Act- specific conduct that violates a duty

3. Criminal Intent• Intent to commit the act• Intent to do evil• MUST BE PROVED

1. Duty Usually state statutes prohibit

certain conduct Occasionally federal statutes or

city ordinances identify criminal behavior

Stealing from employer Breaking into neighbors house

2. Violation of the Duty Criminal Act

Breach of duty

Specific conduct that violates statute

Breaches proven in trial Example:

Sue stole money from employer; Joe saw her and testified in court

3. Criminal Intent Intent must be proven (most cases)

Defendant Intended to commit the act Intended to do evil

Example: Sue intentionally stole money from

employer

Going back to Emily vs. Northside…..

Did Emily commit a crime?

• DID EMILY HAVE A DUTY?• DID SHE VIOLATE THAT DUTY?• DID SHE INTEND TO STEAL?

What’s your verdict? – Page 67

Statute defined Duty? Defined by statue?

Was there a violation of that duty?

Embezzlement Criminal act of taking someone’s property or money by an entrusted person

Criminal Intent & Corporations

Employee criminal intent=Organization’s criminal intent President of company is aware of dangerous

working condition Worker is killed because of working condition President can be found guilty of crime Vicarious Criminal Liability Substitute – employee is used as a substitute

Other factors involving criminal intent

To have criminal intent, one must have sufficient mental capacity Insanity – not mentally capable

Age Under 7 considered below age of reason Over 14 can be considered an adult

Over 14 knows the difference between right and wrong 7-14 intent & understanding must be proven Drugs/alcohol- does not relieve criminal intent;

done voluntarily

Criminal intent – cont.PLEASE ADD TO YOUR NOTES

Some crimes do not require the element of criminal intent Example:

A driver speeding hit and killed someone The intent was not there; however, could be

convicted of vehicular homicide

Less serious crimes where jail is unlikely; intent is not required Example:

Traffic offenses…….

Analyze Real Cases – page 76

#26 – cigar owner Did Feinberg have a duty to tell his customers of the

change in percent? Did he violate the duty? Did he intend to kill anyone?

Feinberg acted with such gross negligence that it is equivalent of criminal intent

#28 – shopper Did the shopper have a duty to “not steal” Did he violate the duty? Did he intend to steal?

Yes to all - guilty

Two Classifications of Crimes

Felony A crime punishable by confinement of more than a

year in state prison Fine over $1,000 Both Death

Misdemeanor Less serious crime, punishable by county/city jail less

than 1 year Infraction

Lesser misdemeanor No jury trial

Perjury – PLEASE ADD TO YOUR NOTES People who lie under oath

Business Related Crimes(What’s my verdict? Page 69)

White Collar Crimes Offences committed in the business world No force or violence, personal injury, or physical

damage Tax evasion Defrauding customers Price fixing Insurance fraud

Because physical violence is not involved, courts tend to be more lenient

Larceny (theft) Wrongful taking of money or property with intent

to deprive ownership May be a felony or misdemeanor – depends on value

Business Related Crimes cont.

Robbery (form of larceny) Taking of property against the victims will

By force, causing fear Always a felony

Burglary (larceny) Entering a building w/o permission with intent of

committing a crime Always a felony

Receiving Stolen Property Knowingly receiving or buying…

Business Related Crimes cont. False Pretenses

Lying about facts to obtain money or property

Forgery Making or changing a document to defraud

another Bribery

Offering or giving something of value to influence an official

Business Related Crimes cont. Extortion (blackmail)

Obtaining money/property by fear, force, or power of office

Conspiracy Agreement between 2 or more people

to commit a crime Arson

Willful & illegal burning of a building

Review Chapter 5.1 Page 70 – Think About Legal

Concepts #1 - #5

Page 70 – Think Critically About Evidence #6 - 8

Section 5-2 Goals Understand rights when arrested Recognize criminal liability Understand common defenses of

criminal charges

Constitution Believes too much liberty is better

than giving the government too much power

Constitutional Rights & Responsibilities

What’s Your verdict? Page 71Rights when arrested

Due Process=fair procedures in investigation and court

Example: Right to be represented by a lawyer Defendants may not be compelled to testify against

self Right to cross examine witnesses

Jury Trial- is asked for by prosecutor or defendant. How is a jury picked

Criminal Conduct of Others Anyone aiding in a crime can also

be found guilty for the same crime Ex. Burglary look-out Vicarious Liability (substitute)

Defenses to Criminal Charges “What’s My Verdict”? – pg. 72

Defense- Often allows defendant to escape liability

Two types Procedural Defenses Substantive Defenses

Procedural vs. Substantive

Procedural defenses Problems with the way

evidence was obtained The way a person is

arrested, questioned, tried or punished

EX: confession was signed due to threat by police

Ignorance of law does not count

Substantive Defenses Disprove, justify, or

excuse crime Discredit facts

Self-Defense Criminal Insanity Immunity

Freedom from prosecution – exchange for agreement to testify against other criminals

Other terms… Contempt of court

Witness who refuses to testify after immunity has been given

Punishment Penalty provided by law and imposed by a

court Deter others from breaking the same law

“What’s Your Verdict”? – page 72

Plea Bargain Plea of guilty for a lesser crime so a more

serious crime is dropped

Wrap Chapter 5 - Thursday With a partner…

Your Legal Vocabulary P. 74, 1-12

Think about legal concepts P.73, 1-5

Think critically about evidence P. 75 18-21

Analyze Real Cases P. 76

Mock Trial Review short PowerPoint with

Intellectual Property terms

Intellectual Property

In The Lab Famous Crimes

Tri-fold brochure Mini lesson on Microsoft Publisher