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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.
– BACK
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.
• BACK
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.
• Back
Criminal Insanity
• When a person does not know the difference between right and wrong.
Back
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.