Crimes

Classifications, Types and Punishments

Offenses Against Society aka Crime

• The most fundamental characteristic of a crime is that it is a Punishable offense against society.

• When a crime occurs, society, acting through such employees as the police and prosecutors, attempt to:– Identify– Arrest– Prosecute– Punish

• These efforts are designed to protect society rather than to aid the victim of the crime.

• Victims can sue identified criminals for civil damages, but seldom do.

Crime classifications

• Crimes against a person (murder, assault and battery, kidnapping, rape)

• Crimes against property (larceny, robbery, hijacking loaded trucks, embezzlement, receiving stolen property)

• Crimes against the gov’t and the administration of justice (treason, tax evasion, bribery, counterfeiting, perjury)

• Crimes against public peace and order (rioting, carrying concealed weapons, drunk and disorderly conduct, illegal speeding)

Crimes cont.

• Crimes against buildings (burglary, arson, criminal trespass)

• Crimes against consumers (fraudulent sale of worthless securities, violation of pure food and drug laws)

• Crimes against decency (bigamy, obscenity, prostitution, contributing to the delinquency of a minor)

Elements of Crimes

• Before being convicted of a crime, at trial– A duty to do or not to do a certain thing– A violation of the duty, and– Criminal intent

Duty

• The duty usually is described by state statutes which prohibit certain conduct.

• Generally only conduct that is serious- involving violence or theft of property-is classified as an offense against society and therefore criminal.

Violation of the Duty

• The breech of duty must also be proved in a criminal trial.

• This is the specific conduct by the defendant which violates the duty

• -example– All states have statues which make battery a crime.

Criminal battery is often defined in statutes as “the intentional harming of corporal harm.” Corporal harm means bodily harm. A breech of this duty could be established in a trial by the testimony of a witness who swore that she saw the defendant deliberately punch the victim.

Criminal Intent• The third element, Criminal intent, must be

proved in most cases. • Generally means that the defendant intended to

commit the act and intended to do harm.– Example:

• If you lost your balance, and as a result your fist hit the nose of a bystander, there would be no criminal intent. You did not intend the act or intend to do harm.

• From the common crime of assault, as “a threat which creates a well-founded fear of immediate bodily harm.” Suppose you are attending a football game with a friend from another school and you shake your fist and say, “if your team scores another touchdown, I’m going to punch you in the nose.”

• Clearly you mean the statement, but however if you mean the statement as a joke, you lack the intent to harm and therefore lack criminal intent.

Criminal Intent cont.• A few crimes do not require criminal intent, they

are less serious crimes where jail time is not very likely.– Traffic offenses fall within this classification

• Ignorance or mistakes is generally no excuse for violating a law.

• To have criminal intent, one must have sufficient mental capacity at the time one commits a crime to know the difference between right and wrong and be able to decide what to do.

• First degree murder requires a specific intent or state of mind; namely, the predetermined intent to take willfully the life of another.

How are Crimes Classified?

• Felonies and Misdemeanors

Each state has its own criminal law, which distinguishes between felonies and misdemeanors and states the applicable punishments.

There is a special (Federal Gov’t) category of Crime known as treason- which is levying war against the US or giving aid and comfort to enemies of the US

Felonies

• A crime of a serious nature.

• It exists when the act– Is labeled so by law, or– Is punishable by death or confinement for

more than one year in a state prison.

Because Felonies are…

• Murder• Kidnapping• Arson• Rape• Robbery• Burglary• Embezzlement• Forgery• Larceny (also called theft) of large sums• Perjury

Misdemeanor

• A crime of less serious nature.

• It is usually punishable by:– Confinement in a county or city jail for less

than one year– By fine, or– By both confinement and fine.

Misdemeanors are:

• Drunkenness in public• Driving an automobile at an illegal speed• Shoplifting• And larceny of small sums

• A lesser misdemeanor is known as an infraction, such as:– Parking overtime– Failing to clear snow from sidewalks– Littering

• Generally there is no need for a jury with infractions because the punishment is a fine.

Business Related Crimes

• A business, like any person, is subject to general criminal law.

• Less frequently, but often with much larger sums of money involved, business persons and firms may commit crimes– Because such criminals are well educated,

respected members of the community, the offenses are called White Collar Crimes.

• These criminals exploit through concealment and deceit.

Business vs. White Collar

• Business firms are frequently the victims of:– Robbery– Burglary– Shoplifting– Employee pilferage– Passing bad checks– Vandalism– Receiving stolen property– Embezzlement

• White Collar Crimes:– Income tax evasion– Consumer Fraud– Cheating with false

weighing machines– Conspiring to fix prices– Making false fire and auto

insurance claims– False advertising– Bribery– Political corruption– embezzlement

White Collar cont.

• No physical violence

• Courts tend to be more lenient with the criminals, punishing them with fines or short prison sentences.

Larceny

• Commonly known as theft– Is the wrongful taking of money or personal property

belonging to someone else, with intent to deprive the owner of possession.

• Robbery (taking property from another’s person or immediate presence, against the victim’s will, and by force or by causing fear)

• Burglary (entering a building or occupied structure with the intent to commit a crime, unless the premises were open to the public at the time or the person had a right to enter)

– Common types are:• Shoplifting• Pickpocketing• Purse snatching

Larceny Cont.

• May either be a felony or misdemeanor– Depends upon what was stolen and

circumstances surrounding the act.

• Burglary is always a felony

• If burglar sells the stolen goods, he or she is guilty of two crimes—burglary and selling stolen property.

Receiving Stolen Property

• Separate from larceny.– Receiving– Concealing– Buying property

• All known to be stolen, with intent to deprive the rightful owner of the property.

• High conviction rate for this crime because of sting operations

False Pretenses

• One who obtains money or other property from another person by lying about a past or existing fact is guilty.

• Also known as False Representation

• Differs from larceny because the victim parts with the property voluntary

• This is a type of fraud.

Forgery

• Falsely making or Materially (in some important detail) altering any writing which, if it were genuine, might have legal value.– The signature of another person

• There must be intent to defraud either the person whose name is signed or someone else.– i.e. signing a check not intended for you– And altering the check

• Is a felony• If you sign for someone else with their

permission there is no forgery because there is no intent to defraud.

Bribery

• The offering or giving to a gov’t official money or anything of value which the official was not authorized to receive in order to influence performance of an official duty.

• Accepting the money or offer is also bribery.

Extortion

• Commonly known as blackmail is obtaining money or other property from a person by wrongful use of force, fear, or the power of office

• The threat of bodily harm to victim or a close relative, the exposure of a secret crime or some embarrassing fact.

• Kidnapping is a related crime.

Conspiracy

• An agreement between two or more persons to do an unlawful criminal act, or to do a lawful act by unlawful means.

• Usually secret

• Could be a felony or misdemeanor

Arson

• The willful and illegal burning of a building.• When someone intentionally starts a fire or

causes an explosion that results in any burning or even charring of wood or other materials.

• There are fraudulent statute’s that cover the intentional destroying of property for insurance payment

• Of course you can destroy your own property when there is no intent to defraud, no risk to others and no violation of statute.

Buying and Selling Narcotic Drugs

• Selling or offering to sell, possessing, transporting, administering, or giving narcotics without a license, except by medical prescription

• Usually felonies but could be misdemeanors

• Some states make prison sentences mandatory for one convicted of distributing

• Lifetime if prior conviction

What rights when arrested?

• Innocent until proven guilty

• Use of due process– Requires fundamental fairness and

compliance with the basic rules for a fair and orderly trial

• Right to an Attorney

• Right to remain silent

Defenses to Criminal charges

• Alibi: a claim of innocence based on the assertion that the accused was somewhere other than at the scene of the crime when it was committed.

• Criminal insanity: lack of prescribed mental capacity to appreciate the wrongfulness of certain conduct or to comply with the law

• Self defense: reasonable and lawful resistance to attack• Immunity: freedom from prosecution but must testify

(refusal to testify is punishable as contempt of court)• Plea bargaining: agreement to plead guilty to a less

serious crime in exchange for having a more serious charge dropped.

What is the punishment for crimes

• Punishment is any fine, confinement in jail or prison, or other penalty provided by law and imposed by the court.– The purpose is to discipline the wrongdoer, not to

remedy the wrong• Probation: allows the convicted person to avoid

confinement and to remain at liberty for a prescribed time under the supervision of a probation officer– Fine is sometimes imposed and possibly the returning

of what was stolen-Restitution– Specific conditions: keeping a job, avoiding certain

companions and meeting places, not leaving the area– If violated, sent back to jail or prison

Punishment cont.

• Parole: early release of a prisoner with suspension of the remainder of their sentence. Because of good behavior and evidence of rehabilitation.

• Pardon: release from all punishment– The white house Thanksgiving Turkey is

always pardoned by the president.