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3 Elements of Crime
Duty: Defined based on the statute (The law) and tells you what you can or cannot do
Breach: Did not follow the statute or law (Broke law)
Intent: Proof you meant to commit the act
Criminal JuryMade up of 12 jurors “ALL” must agree to convict “EVERY”
timeJudges interpret lawJuries decide issues of “Fact”Witnesses (Lay witnesses) are people
with knowledge of factsExpert witnesses are people who give
opinions
Contempt of CourtMeans you are impeding justice in
some wayWitnesses, lawyers or spectators can
be held in contempt (BY JUDGE)Penalty could be a fine or jailExamples of Contempt of court:
Refusing to testify, NOT listening to a judges orders, or acting up in the court
CODES
Laws organized into some group
Criminal Codes, business codes, civil codes or administrative codes, such as social security laws or DMV laws
STARE DECISIS
Latin term meaning to adhere to decided cases
Important because it’s a common law rule that allows older case decisions to be used as a guide for future cases
It allows the law to be built over time
EQUITY
Legal term meaning fairnessMaking sure all people are given a fair trial and if a criminal matter, making sure they have a lawyer
Fairness also applies to a judge
CASE LAW
Built by the judicial branch of government
Judicial meaning courtsJudges rule and these cases are considered “precedent” (Guides) for future cases to be decided
WHY ARE CRIMES AGAINST SOCIETY?
All of society pays for a persons criminal acts
We pay tax dollars for police, judges, public attorneys (District Attorney or Public Defender)
Cost involved to upkeep jails or prisonsCriminal acts effect the way people
view any part of society as well
SUBSTANTIVE VS. PROCEDURAL
Substantive Law Procedural Law
Substantive law is based on the definition (Statute) of the law broken
Part of both criminal cases and tort cases
Forcing the plaintiff or prosecution to meet their burden
Self defense, immunity
Procedural law is based on a persons legal rights
Miranda rights in a criminal case
Serving a defendant court papers in a civil case
Allowing a defendant NOT to testify against their rights in court
ELEMENTS OF A CRIME AND POINTS
Based on Law Rights
CRIMEDuty (The
statute)Breach (Broke
the law or statute)Intent (Meant to
commit the act and do evil)
RIGHTSNot to testifyIllegal search and
seizuresLawyerProof by
government (Prosecution)
1.Person meant to do Evil
2.Person meant to commit Act
3.In early Common Law, the age to form intent was “7”
Criminal Intent
Crimes with no INTENT to convict
Speeding (Infraction)Parking ticket (Infraction)Manslaughter (Felony offense meaning murder without intent)
CRIMINAL DEFENSE
Act in which a criminal defendant tries to escape criminal liability
Innocent until proven guiltyBecause it’s a criminal offense, you are “GUARANTEED” a lawyer (No guarantee with civil/tort offense)
DIFFERENCE BETWEEN
IMMUNITYAllowing a witness
to escape criminal liability based on testifying against someone else
Escaping liability means the criminal charges against them are dropped
PLEA BARGAINWhen a witness
agrees to plead guilty to a lesser charge in exchange for the more serious charge to be dropped
Used by a prosecutor to get a conviction and save taxpayers money
CRIMES- TYPES OF THEFT
Larceny- commonly known as theft. Can be petit or grand, depending on the amount stolen
Burglary- breaking into a building with the intent to commit a crime
Robbery- taking property off a person
CRIMES- EMBEZZLEMENT
Taking something that has been entrusted to you “Without” permission
Ex) You work for a bank and you take money without permission
** Its still a crime if you pay it back later
CRIMES- VICARIOUS LIABILITY
This means you are held liable for the acts of another person
Usually based on a business or company
Ex) An employee of yours destroys someone else's property while on the job, you as the owner can be held responsible for the acts of the employee
WHITE COLLAR CRIMES
Based on a businessUsually non-violent and does not cause physical injuries
Many times based on fraud or embezzlement
Company can be held responsible for employees actions (Vicarious liability)
Crimes- Extortion vs. Bribery
BlackmailInfluencing with $$
Extortion is commonly known as blackmail
Ex) Telling an employee to work overtime for free or you will report them to the IRS for not paying taxes
Illegal, because you must report by law
Bribery- unlawfully offering something of value to influence a person
Ex) Giving a teacher money to pass you
Both sides can be found guilty of this crime
CRIMES- FALSE PRETENSES
False Pretenses means lying about a past or existing fact
Type of fraudMeaning to intentionally mislead another person
CRIMINAL PENALTIES
Petty Offense- type of lower level misdemeanor. Also known as Infraction. Commonly a speeding or parking ticket which leads to a fine
Misdemeanor- Less than 1 year in local prison and less than $1,000 fine or both
Felony- More than 1 year in state or federal prison, more than $1,000 fine or death