Chapter 5Our Criminal Laws

Lesson 5-1 Criminal Law

What is a Crime?•A punishable offense against society •Society (through police & prosecutors) attempts to identify, arrest, prosecute, and punish the criminal •Efforts are designed to protect society rather than the victim of the crime

Three Elements of a Crime(1) Duty

State statutes prohibiting certain conduct

(2) Violation of the Duty Breach of the duty

(3) Criminal Intent Defendant intended to commit the act Defendant intended to do evil

Embezzlement

•Taking another’s property or money by a person to whom it has been entrusted

Corporations and Criminal Intent•Can corporations (organizations) form criminal intent?

Yes—if their employees have criminal intent, their employer may be judged to have criminal intent

•When corporate employees commit a crime, can officers be held criminally responsible?

Yes—vicarious criminal liability

Criminal Intent and AgeEarly common law Under 7 below the age of reason Over 14 know the difference between right and wrong Between those ages knowledge had to be proven

Criminal Intent and AgeToday Age of criminal liability is 18 in most states Minors as young as 7 may be tried and punished as adults if they are accused of serious crimes such as murder

Criminal Intent

•Sufficient mental capacity needed

Insane persons (no) Voluntary intoxication (yes) Drug use (yes)

Is Criminal Intent Always Required for a Crime?

•Not for less serious crimes when jail is unlikely •Traffic offenses •Extreme carelessness •Conduct is so careless some courts treat it the same as criminal intent

Criminal ConductCrimes against a person

Assault and battery, kidnapping, rape, murder

Crimes against property • Theft, robbery, embezzlement

Crimes against the government and administration of justice • Treason, tax evasion, perjury

Criminal ConductCrimes against public peace and order • Rioting, disorderly conduct, illegal speeding

Crimes against realty • Burglary, arson, criminal trespass

Crimes against consumers • Fraudulent sale of securities, violation of pure food and drug laws

Crimes against decency • Bigamy, obscenity, prostitution

Classification of CrimesFelony • Punishable by confinement for more than a year in state prison and/or • Punishable by a fine of more than $1,000 or • Death •Murder, rape, kidnapping, arson, robbery, burglary, embezzlement, forgery, theft of large sums, perjury

Classification of CrimesMisdemeanor • Punishable by confinement in a county or city jail for less than one year and/or by fine • Disorderly conduct, speeding • Infractions • Lesser misdemeanors

Business-Related Crimes•Businesses are subject to general criminal law •Referred to as white-collar crimes •Do not involve force or violence, do not cause injury to people, and do not cause physical damage to property •Ex: evading income taxes, defrauding consumers, conspiring to fix prices, false fire and auto insurance claims, bribery

Larceny

•Commonly known as theft •The wrongful taking of money or personal property belonging to someone else, with the intent to deprive the owner of possession •Robbery—taking of property from another’s person or immediate presence, against the victim’s will, by force or by causing fear •Burglary—entering a building without permission when intending to commit a crime

Larceny (con’t)

•Shoplifting, pickpocketing, purse snatching •Can be a felony or a misdemeanor •Determined by the value of the property stolen and other circumstances •Robbery and burglary are always felonies

Receiving Stolen PropertyKnowingly receiving stolen property • intent to deprive the rightful owner of the

property Fence • one who receives stolen property

False Pretenses

•Obtaining money/property by lying about a past or existing fact •Victim parts with property voluntarily •Type of fraud

Forgery

•Falsely making/altering a writing to defraud another •Checks •Usually a felony

Bribery

•Unlawfully offering or giving anything of value to influence performance of an official •Soliciting or accepting the bribe is also criminal

Computer Crime

Larceny? “the taking of personal property”

Extortion•Known as blackmail •Obtaining money/property from a person by wrongful use of force, fear, or power of office

Conspiracy

• An agreement between two or more persons to commit a crime • Usually secret • Conspiracy is a separate crime from the crime the parties plan to commit • Either a felony or a misdemeanor • Businesses: fix prices or divide markets

Arson

Willful and illegal burning of a building