CHAPTER 5

Crimes

Crimes

Civil Crimes – individual v individual

Criminal Crimes – individual v society

Crimes is a punishable offense against society in order to protect society

Elements of criminal acts: Whether you were aware of your

duty to do or not to do a certain thing

Whether you performed an act or omission in violation of that duty

Whether or not you had criminal intent

IT IS EVERYONE’S DUTY TO KNOW THE LAW!

Felonies, Misdemeanors, Infractions

FELONY Most serious crimes, punishable by death

or imprisonment for 1 year or more Different classes of felonies – Class X,

Class 2, etc. MISDEMEANORS

Less serious crimes – Different classes - Class A, etc. Results in fine or imprisonment for less

than 1 year misdemeanors INFRACTIONS (aka, Petty Offenses)

Most minor crimes, such as traffic offenses

Either fined, ticketed, brief jail sentence

Crimes

2 elements must exist to be convicted of a crime: Must have INTENT Actually must occur

Criminal Intent – knowingly and purposely intending to commit a crime - this must be proven Defendant intended to commit the act and to do evil Age is a factor:

Over age 14 - presumed capable of recognizing the difference between right/wrong and can be held accountable as adults

Most states have fixed criminal liability at 18 Vicarious Criminal Liability

When someone else can be held criminally liable for the acts of another

i.e., parents held responsible for actions of their children

Crime Vocabulary

Theft – taking another person’s property

Motive – reason behind criminal act, but not an element in determining if a crime was committed

Criminal Solicitation – requesting or encouraging another to commit a crime

Conspiracy – plan by 2 or more to commit an illegal act/crime

Alibi– accused was someplace else at the time of the crime

Crime Vocab Continued

Infancy – children under 7 years of age incapable of committing a crime Do they know the difference

between right/wrong? Intoxication – under influence

of either drugs or alcohol Insanity – mental

illness/disability that makes a person incapable of forming criminal intent

Consent – voluntary agreement to a proposition/act of another

Crime Vocab Continued Duress – threat causing another

person to perform and act that he/she wouldn’t otherwise perform i.e., club initiations

Self-Defense – right to protect yourself from criminal conduct of others Can only use amount of force

necessary to detain Entrapment - police officer or

public official suggesting or encouraging a crime

Forgery – false/unauthorized signing of document, false making of a document with the intent to defraud i.e., fake ID’s

Burglary – unlawful entry into building with intent to commit a crime

Crime Vocab Continued

Robbery – forceful (weapon, hitting, etc) taking of property of another

Assault – threatened use of immediate force against another

Battery – physical contact Larceny (theft) – wrongful

taking of another’s property Shoplifting – taking

property from a retail store without paying for it. Felony or misdemeanor

depends on amount stolen.

Crime Vocab Continued

Embezzlement – employee that steals from a company

Arson – willful and malicious burning of a building Bribery – offering, requesting, or receiving anything

of value with the aim of influencing a public official Perjury – lying under oath Arraignment – before a trial, judge only – plead

guilty/not guilty, charges stated, plea bargain Indictment – formal accusation of a crime by grand

jury (serious crime) or prosecutor

White Collar Crimes

Businesses are subject to general criminal law not paying income taxes, stock

fraud, etc RIGHTS OF THE ACCUSED:

Constitution provides Due Process – fair procedures

Probable Cause Reasonable Suspicion

A person who knowingly aids another in the commission of a crime also is guilty of criminal wrongdoing

Vicarious Liability company’s liable for the acts of

their employees (McDonald’s strip search lawsuit)

The Praying Robber on Oprah Oprah Clip Read the article from

Oprah.com Assignment: Complete a

reflection piece relating the crime to the punishment. Utilize terms we have learned in this chapter.