CHAPTER 4 Criminal Law And Procedure - Weebly

CHAPTER 4Criminal Law andProcedure4-14-2Criminal LawCriminal ProcedureLAW for Business and Personal Use 2012 Cengage Learning. All Rights Reserved.May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

4-1Criminal Law GOALS Understand the three elements that make up acriminal act Classify crimes according to the severity of theirpotential sentences Identify the types of crimes that affect businessLAW for Business and Personal UseChapter 4 2012 Cengage Learning. All Rights Reserved.May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.SLIDE 2

CRIMES AND CRIMINALBEHAVIOR Elements of criminal acts Duty to do (or not to do) a certain thing to establish duty in a trial the prosecutor will cite the statuteto a judge Violation of the dutythe breach of this duty is the criminal act. Criminal intentmust be proven1. defendant intended to commit the act2. intended to do evilLAW for Business and Personal UseChapter 4 2012 Cengage Learning. All Rights Reserved.May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.SLIDE 3

CRIMINAL INTENT Issues for Corporations Can a corporation form criminal intent? If the corporations employees have criminal intent, the employer can be judged to have criminal intent if the employees were doing their assigned duties and the criminal actbenefits the organization, most courts will find criminal intent Can officers be held criminally responsible if an employeecommits a crime? many times the answer is yes, under the doctrine of vicarious liability(substituted liability) ie: president of company knows generally aboutdangerous working conditions, but does nothing and a worker is killed,president may be charged with homicideLAW for Business and Personal UseChapter 4 2012 Cengage Learning. All Rights Reserved.May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.SLIDE 4

CRIMINAL INTENT Issues of age under seven considered below the age of reason seven to fourteen must prove they had knowledge fourteen to seventeen kind of a gray area- will depend oncrime eighteen and up are adultsLAW for Business and Personal UseChapter 4 2012 Cengage Learning. All Rights Reserved.May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.SLIDE 5

CRIMINAL INTENT Issues Intent sufficient mental capacity to know the difference betweenright and wrong insane persons are not held responsible normally neither voluntary intoxication nor use of drugs willbe considered to affecting ones criminal intentLAW for Business and Personal UseChapter 4 2012 Cengage Learning. All Rights Reserved.May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.SLIDE 6

CRIMINAL INTENT When is intent not required less serious crimes jail time is unlikelyie: traffic offenses, extreme carelessnessLAW for Business and Personal UseChapter 4 2012 Cengage Learning. All Rights Reserved.May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.SLIDE 7

CHECKPOINT What three elements must be proven at trialbefore someone can be convicted of acrime?1.2.3.duty to do or not doviolation of dutyintentLAW for Business and Personal UseChapter 4 2012 Cengage Learning. All Rights Reserved.May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.SLIDE 8

CLASSIFICATIONS OF CRIMES Felonies Serious crime punishable by confinement for more than oneyear in a state prison or fine over 1,000 or both, or deathMisdemeanors Less serious crime punishable 1) by confinement in acounty or city jail for less than one year, 2) by fine, or 3) byboth confinement and fine can be classified as an infractionWhite-collar crimes Criminals are generally well-educated, respected membersof the communityLAW for Business and Personal UseChapter 4 2012 Cengage Learning. All Rights Reserved.May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.SLIDE 9

CLASSIFICATION OF CRIMES BY PARTY,INTEREST, OR PROPERTY INJURED1.2.3.4.5.6.7.Crimes against a person (assault and battery, kidnapping, rape,murder)Crimes against property (theft, robbery, embezzlement, receivingstolen property)Crimes against the government and the administration of justice(treason, tax evasion, bribery, counterfeiting, perjury)Crimes against public peace and order (rioting, carrying concealedweapons, drunk and disorderly conduct, illegal speeding)Crimes against realty (burglary, arson, criminal trespass)Crimes against consumers (fraudulent sale of worthless securities,violations of pure food and drug laws)Crimes against decency (bigamy, obscenity, prostitution, contributingto the delinquency of a minor)LAW for Business and Personal UseChapter 4 2012 Cengage Learning. All Rights Reserved.May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.SLIDE 10

CRIMES AGAINST A PERSON Homicide1st degree MurderFelony Murder2nd degree MurderVoluntaryManslaughterInvoluntaryManslaughter Negligent HomicideAssault & BatteryStalkingSexual AssaultRapeStatutory RapeAcquaintance RapeHate CrimesLAW for Business and Personal UseChapter 4 2012 Cengage Learning. All Rights Reserved.May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.SLIDE 11

DEFINITIONS CRIMES AGAINST APERSON Homicide – most serious Criminal is committed with plan or malice, done with intent to kill orseriously harm, acting reckless without regard to othersCriminal homicide if: persons actions are without regard for another’s lifeand result in the killing of anotherHomicide can be non-criminal: excusable or justifiable and is not subject tocriminal charges1st degree Murder premeditated, deliberate, with malicedepraved indifference to human lifeLAW for Business and Personal UseChapter 4 2012 Cengage Learning. All Rights Reserved.May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.SLIDE 12

DEFINITIONS CRIMES AGAINST APERSON Felony Murder 2nd degree Murder killing takes place during the commission of certain feloniesArson, rape, robbery, burglaryno need to prove intent, malice assumed because homicide occurredduring a felony actwithout premeditation or deliberationintent existed at moment of murder/killingintentional but spontaneousVoluntary Manslaughter victim has done something to cause a reasonable person to lose selfcontrol or act rashlyviolent argumentoccur just after the provocationpunished less severelyLAW for Business and Personal UseChapter 4 2012 Cengage Learning. All Rights Reserved.May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.SLIDE 13

DEFINITIONS CRIMES AGAINST APERSON Involuntary Manslaughter Negligent Homicide no intentresult of reckless conduct causing extreme danger of death or bodily injury- ie: playing with loaded gunfailure to exercise reasonable or ordinary carevehicle deaths are most commonSuicide considered a plea for helppsych exam and treatmenthelping can be murder or manslaughterLAW for Business and Personal UseChapter 4 2012 Cengage Learning. All Rights Reserved.May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.SLIDE 14

DEFINITIONS CRIMES AGAINST APERSON Assault & Battery assault – attempt or threat to physically attackbattery – unlawful physical contactno injury necessarymust intend bodily harmstates have statutes for different classificationsassault with intent to rob, murderbattery defined by harm inflictedStalking repeatedly following or harassingmake threats/cause fearLAW for Business and Personal UseChapter 4 2012 Cengage Learning. All Rights Reserved.May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.SLIDE 15

DEFINITIONS CRIMES AGAINST APERSON Sexual Assault Rape includes rape and attempted rapeverbal threats of a sexual natureunwanted sexual contact/grabbing, fondlingsexual intercourse without consentno consent if person is unconscious, mentally incompetent, impaired bydrugs or alcoholStatutory Rape sexual intercourse between an adult and minorlack of consent is not an element since a minor is incapable of giving legalconsenttrend is to protect victims“rape shield” past history not allowedLAW for Business and Personal UseChapter 4 2012 Cengage Learning. All Rights Reserved.May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.SLIDE 16

DEFINITIONS CRIMES AGAINST APERSON Acquaintance Rape – parties know each otherHate Crimes 1969 statute covered RaceColorReligionNational originAmended 2009 to include DisabilitySexual OrientationGenderGender IdentityLAW for Business and Personal UseChapter 4 2012 Cengage Learning. All Rights Reserved.May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.SLIDE 17

BUSINESS-RELATED CRIMES Larceny Receiving stolenproperty False pretenses Forgery Bribery Computer crimeExtortionConspiracyArsonLAW for Business and Personal UseChapter 4 2012 Cengage Learning. All Rights Reserved.May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.SLIDE 18

DEFINITIONS OF BUSINESSRELATED CRIMES Larceny – wrongful taking of money or personal property belonging tosomeone else. Robbery – taking of property from another’s person or immediatepresence, against the victim’s will, by force or causing fear Burglary is another variation, entering a building without permission Receiving Stolen Property – knowingly receiving or buyingFalse Pretenses – obtain money or property by lyingForgery – falsely making or materially altering a writing to defraud anotherBribery – unlawfully offering or giving to a governmental official anything ofvalue to influence performanceLAW for Business and Personal UseChapter 4 2012 Cengage Learning. All Rights Reserved.May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.SLIDE 19

DEFINITIONS OF BUSINESSRELATED CRIMES Extortion - blackmailConspiracy – agreement between two or more persons tocommit a crimeArson – willful and illegal burning of a buildingSelling and Buying NarcoticsComputer CrimeLAW for Business and Personal UseChapter 4 2012 Cengage Learning. All Rights Reserved.May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.SLIDE 20

PRELIMINARY CRIMES Solicitation to ask, command, urge, or advise another to commit acrimeAttempt perform all the elements of a crime but fail to achieve thecriminal resultConspiracy agreement between two or more persons to commit acrimeLAW for Business and Personal UseChapter 4 2012 Cengage Learning. All Rights Reserved.May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.SLIDE 21

PARTIES TO A CRIME Principal person who commits the crime Accomplice someone who helps the principal commit a crime Accessory before the fact person who orders a crime or helps the principal committhe crime but who is not the present during the crime can usually be charged with the same crime as theprincipal Accessory after the fact someone knowing a crime has been committed, helpsthe principal or an accomplice avoid capture or helps themescapeLAW for Business and Personal UseChapter 4 2012 Cengage Learning. All Rights Reserved.May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.SLIDE 22