Chapter 5 Crimes. Offenses Against Society When a crime occurs, society, acting through such...

Chapter 5

Crimes

Offenses Against Society

• When a crime occurs, society, acting through such employees as police and prosecutors, attempts to identify, arrest, prosecute, and punish the criminal.

• PROTECT SOCIETY-NOT AID VICTIM!

Elements of Every Crime

• A duty to do (or not to do) a certain thing.

• An act or omission in violation of that duty.

• Criminal Intent

DUTY

• Very easy to prove. – Simply State the Law (statutes)– Lawyers, police, prosecutors just

cite a statute to the judge.

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Violation of that Duty

• The breach of the DUTY.• This is the specific CONDUCT of

the person.• Evidence, such as witnesses, can

prove the breach.

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Criminal Intent

• Must be proved.– 1. intended to commit

the act.– 2. intended to do evil.

• Corporations can have criminal intent.– Employer can be held

responsible for employees criminal intentions.

– Employees doing something illegal because they were told to (vicarious criminal liability)

• Age and Criminal Intent.– Less than 7-no intent.– 13-Up can be tried as

adults.

• Mental Capacity– Insane/Mentally

Challenged –No intent.

• Less Serious Crimes-No jail time (intent not required).

• Carelessness-Requires no intent.

Overview of Criminal Conduct

• Person: assault, battery, kidnapping, rape, murder.

• Property: Theft, robbery, embezzlement, receiving stolen property.

• Government: Treason, tax evasion, bribery, counterfeiting, perjury.

• Public Peace/Order: Rioting, concealed weapons, drunk, disorderly conduct.

• Realty: Burglary, arson, trespass.

• Consumers: Worthless securities, food and drug laws.

• Decency: Bigamy, obscenity, prostitution, contributing to minor.

Felony vs. Misdemeanor• Jail/Prison Time:

More than 1 year or execution. – Larceny– Bribery– Conspiracy– Buy/Sell Narcotics– Receive Stolen

Property– Forgery– Extortion– Arson– Computer Crime

• Less Serious Crime: Less than 1 year in jail, fine, or both jail and fine.– Larceny– False Pretenses– Conspiracy– Receive Stolen

Property– Extortion– Computer Crime

Business-Related Crimes

• White Collar Crimes: – Generally No

Physical Violence.– Well-Educated and

respected members of community.

– Defrauding consumers, false advertising, embezzling etc.

• Antitrust Laws:– Businesses to

compete.– No fixing prices– No dividing

regions.

Larceny-BOTH

• THEFT• Wrongful taking of

money or personal property.

• Robbery: Taking things off the immediate person, causing fear.

• Burglary: Entering a building without permission and stealing.

Receiving Stolen Property-Both• Knowingly

receiving or buying property known to be stolen.

False Pretenses-Misdemeanor• Obtaining

money or property by lying about a past or existing fact.

Forgery-Felony

• Falsely making or materially altering a writing to defraud another.

Bribery-Felony

• Unlawfully offering or giving to a government official anything of value to influence performance of an official duty.

Extortion-Both

• Commonly known as blackmail.

Conspiracy-Both

• An agreement between two or more persons to commit a crime.

Arson-Felony

• Willful and illegal burning of a building.

Selling and Buying narcotics-Felony• Transporting,

selling, offering to sell, or possessive

Computer Crime-Both

• Accessing, altering, damaging, or destroying without authorization any computer.

• Even accessing another’s computer without authorization is a crime.

Rights of the arrested

• Due Process• Fair Procedures• Not testify

against themselves.

• Right to cross-examine witnesses

• Right to attorney

Responsible for Criminal Conduct

of another• Aids someone in

a crime.– Lookout or

driver– Helps plan

• Someone is killed while committing a felony-all are guilty of homicide.

Defenses to criminal charges• Procedural

Defenses– Problems with:

• how evidence is obtained

• How accused is arrested, questioned, tried, or punished.

– Ignorance is NO Defense.

• Substantive Defenses– Disprove, Justify,

or excuse the alleged crime.• Eyewitness• Self-Defense• Criminal Insanity• Immunity

Self-Defense

• The use of force that appears to be necessary to prevent death, serious bodily harm, kidnapping, or rape.

• May NOT use deadly force when non-deadly force is enough.

• Only Non-Deadly Force to protect or recover property.

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Criminal Insanity

• When a person does not know the difference between right and wrong.

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Immunity

• Freedom from prosecution even when one has committed the crime charged.– Agree to testify

against another.– If they refuse after

they said they would they would be charged with “Contempt of Court”.

Punishment for crimes

• Any penalty provided by law and imposed by a court.

• Purpose is to Discipline the wrongdoer.

• Plea Bargain: Pleading guilty to a less serious crime in exchange for having a more serious charge dropped.