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G O A L S

Criminal LawCriminal Law

Define the elements present in all crimesDescribe crimes that commonly occur in the

business environment

LESSON 5-1LESSON 5-1

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WHAT ARE CRIMES?WHAT ARE CRIMES?

Elements of a crimeCriminal conduct

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ELEMENTS OF A CRIMEELEMENTS OF A CRIME

DutyViolation of the dutyCriminal intent

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CRIMINAL CONDUCTCRIMINAL CONDUCT

Criminal conduct may be classified as follows:Crimes against a personCrimes against propertyCrimes against the government and

administration of justiceCrimes against public peace and orderCrimes against realtyCrimes against consumersCrimes against decency

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EXAMPLES OF CRIMES EXAMPLES OF CRIMES AGAINST A PERSONAGAINST A PERSON

Assault and batteryKidnappingMurderRape

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EXAMPLES OF CRIMES EXAMPLES OF CRIMES AGAINST PROPERTYAGAINST PROPERTY

Embezzlement (White collar)

Theft (Larceny)

Robbery (Larceny)

Larceny-wrongful taking of money or personal property belonging to someone else, with the intent to deprive the owner of the possession. May or may not be a Felony.

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EXAMPLES OF CRIMESEXAMPLES OF CRIMESAGAINST THE GOVERNMENTAGAINST THE GOVERNMENTAND ADMINISTRATION OF JUSTICEAND ADMINISTRATION OF JUSTICE

PerjuryTax evasion (White collar)

Treason

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EXAMPLES OF CRIMES AGAINST EXAMPLES OF CRIMES AGAINST PUBLIC PEACE AND ORDERPUBLIC PEACE AND ORDER

Disorderly conductIllegal speedingRioting

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EXAMPLES OF CRIMES EXAMPLES OF CRIMES AGAINST REALTYAGAINST REALTY

ArsonBurglary (Larceny) illegal entryCriminal trespass

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EXAMPLES OF CRIMES EXAMPLES OF CRIMES AGAINST CONSUMERSAGAINST CONSUMERS

Fraudulent sale of securities (White collar)

Violation of pure food and drug laws

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EXAMPLES OF CRIMES EXAMPLES OF CRIMES AGAINST DECENCYAGAINST DECENCY

BigamyObscenityProstitution

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CLASSIFICATIONCLASSIFICATIONOF CRIMESOF CRIMES

FelonyMisdemeanorInfractions

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FELONYFELONY

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.

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EXAMPLES OF FELONIESEXAMPLES OF FELONIES

ArsonBurglaryEmbezzlementForgeryKidnapping

MurderPerjuryRapeRobberyTheft of large sums

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MISDEMEANORMISDEMEANOR

A misdemeanor is a less serious crime. It is usually punishable by confinement in a county or city jail for less than one year, by fine, or both.

Examples of misdemeanors include disorderly conduct and speeding

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INFRACTIONINFRACTION

Some states classify lesser misdemeanors as infractions.

A person convicted of an infraction can only be fined.

Because there is not risk of being jailed, the defendant is not entitled to a jury trial.

Examples include littering and parking violations.

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BUSINESS-RELATED CRIMESBUSINESS-RELATED CRIMES

LarcenyReceiving stolen

propertyFalse pretensesForgery

BriberyComputer crimeExtortionConspiracyArson

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RIGHTS AND RIGHTS AND RESPONSIBILITIESRESPONSIBILITIES

Rights when arrestedDue processRepresentation by a lawyer

Responsibility for the criminal conduct of others

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DEFENSES TO DEFENSES TO CRIMINAL CHARGESCRIMINAL CHARGES

Procedural defensesSubstantive defenses

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PUNISHMENTS PUNISHMENTS FOR CRIMESFOR CRIMES

A 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.

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PLEA BARGAININGPLEA BARGAINING

Plea bargaining is when an accused person agrees to plead guilty to a less serious crime in exchange for having a more serious charge dropped.

When plea bargaining the accused gives up the right to a public trial to avoid the risk of greater penalty if convicted.