Criminal Law

Chapter 2

An act against the public good, punishable by a fine,

imprisonment, or both.

In order for it to be a CRIME, it must…

Threaten peace, safety, and well-being of entire communityMust be prohibited by the law of the place where it is committed

Parties in a criminal proceeding

- the party that accuses the person of a crime (usually the government)

Also known as the plaintiff in civil cases

- the person who is accused of a crime (or the person being “tried” for a crime)

Classifications of crimes

Felonies

Misdemeanors

Activity

Felonies

- a major crime punishable by imprisonment (for a term exceeding one year), or death.

Examples of Felonies

Murder

Manslaughter

Burglary

Robbery

Arson

Back to Classifications

Misdemeanors

- less serious crime with a less severe penalty.

Require a penalty such as a fine or imprisonment in a county or city jail

Back to Classifications

Examples of Misdemeanors

Driving without a license

Lying about your age in order to purchase alcoholic beverages

Leaving the scene of an accident

Back to Classifications

Traffic offenses and parking violations are

“minor misdemeanors” or “petty offenses”

Activity

Using recent news stories, identify at

least one felony and one misdemeanor

Next

Elements of a Crime

Criminal Act

Required State of Mind

Criminal ActEach statute that defines a crime must specifically explain the conduct that is forbidden

Question: When could failure to act be a crime?

Voluntary conductCannot be based on a person’s status or condition (i.e. alcoholic)

Back to Elements

Required State of Mind

Specified in the statute that defines the crime

Intent

Accident

What about Motive?

Motive

Prosecution does not have to prove motive(though it helps)

If a person has committed the forbidden act with the required state of mind, he or she is criminally liable

Particular Crimes

Crimes Against People

Sex Offenses

Crimes Against Property

Crimes Against Business Interests

Crimes Against People

Murder – the unlawful killing of another human being with malice aforethought (intent)Manslaughter – the unlawful killing of another human being without malice aforethought

Please note… the major difference between murder and manslaughter is that malice is found in murder, but not in manslaughter

Manslaughter

Voluntary Manslaughter – when one person intends, at the time the act is committed, to kill another but does so suddenly and as the result of great personal distress (such as rage or passion).

Involuntary Manslaughter – when one person, while committing an unlawful or reckless act, kills another (there is no intent to kill)

See Example 2 on page 25

Crimes Against People con’t…

Felony Murder Rule – states that any killing occurring during a felony is murder

For example: if you are robbing a bank and the security guard attempts to shoot you, but misses and an innocent bystander is killed, you will be charged with MURDER.

Crimes Against People Con’t…

Assault and BatteryBattery – the unlawful touching of another person

Must involve criminal intent or reckless behavior– Use of a weapon

– Giving poison or drugs to an unsuspecting victim

– Spitting on someone

– Siccing a dog on someone

– Kissing someone who does not want to be kissed

Assault – an attempt to commit a batteryi.e. Pointing a gun at someone

(this one is actually “aggravated assault” because you used a deadly weapon)

Crimes Against People Con’t…

Kidnapping – the unlawful removal or restraint of a person against that person’s will

Note: person does not actually have to be moved, kidnapping can occur in one’s own home

Sex Offenses Rape, sexual assault, statutory rape etc.

Crimes Against Property

Please note: Crimes against property may be a felony or a misdemeanor (depending on severity)Burglary – the breaking (opening) and entering of a dwelling house at night with the intent to commit a felonyLarceny – the unlawful taking and carrying away of personal property of another with the intent to deprive the owner of it (note: in Georgia, this is now known as “Theft by Taking”

Example: hooking up a cable TV system to your television set without paying for it

Crimes Against Property con’t…Embezzlement – the wrongful taking away of

another’s property by a person who has been entrusted with that property

Example: I ask you to clean my ring

Robbery – the wrongful taking and carrying away of the personal property (it is actually on the person or close to the body of the person) of another accompanied by violence or threats

Example: You tell me to give you my ring or you will kill me

Arson – the willful and malicious burning of a house or other building

Crimes Against Business Interests

Larceny by False Pretenses (Fraud) – the taking of someone’s money or property by intentionally deceiving that person

See Example 6 on page 28Example: Obtaining goods by writing a check that you know will “bounce”

Forgery – the false making or changing of a writing with the intent to defraud

Signing of another person’s nameCreating and using false identity

Crimes Against Business Interests

continued…Bribery and Extortion

Bribery – to pay or give anything of value to public officials in order to influence their official activity (both parties are guilty)Extortion – the unjust taking of money or a thing of value by a public official

i.e. A public official refuses to approve a construction job unless you pay him a certain amount of money

Computer CrimesThe Computer Fraud and Abuse Act

Designed to punish hackers

Defenses to Crimes

Insanity

Entrapment

Self-Defense

Defense of Family Members

InsanityAmerican Law recognizes that persons cannot be held responsible for their actions if they do not know what they are doing.Tests of insanity:

M’Naghten Rule (oldest test for insanity)American Law Institute (ALI)

Sentencing for Insanity Plea: committed to institution and must undergo psychiatric examinations

Back to Defenses

EntrapmentA law enforcement officer cannot induce a law-abiding citizen to commit a crime

See Example 8 in the book

Note: the person using the defense must show that the crime would not have been committed had it not been for the inducement of the officer

Back to Defenses

Self-DefenseWhen persons have good reason to believe that they are in danger of serious injury or death, they can use force to protect themselves.

Must retreat, if possible, before using force (except in one’s own home)Must show that you did not start the altercationMay not use more force than was necessary to stop unprovoked attack

Back to Defenses

Defense of Family Members

If a person uses force to rescue a family member who is being attacked, most states will not punish the rescuer.

Must have good reason to believe that the victim was in danger of severe bodily injury or even death

See Example 9 in book in reference to attacks in your own home

Double Jeopardy

According to the 5th Amendment, no person may be tried twice for the same offense

Sentencing Convicted Criminals

- appropriate punishment for a crime.May include:

Fines (the payment of a specified amount of money as a penalty for committing a crime)Imprisonment

IndeterminateDeterminateMandatory

Death

Problems in society

Chapter 3

Substance Abuse

Substance Abuse is the use of drugs or alcohol to an excessive extent

Federal Controlled Substances Act

Classifies drugs into categories and sets penalties for each group

Drug UseDrug Use – involves the use of substances that are illegal and harmful, including alcohol and tobacco which are legal for adults but not for teenagers or children

Addiction – occurs when a person can no longer function normally without regularly consuming drugs or alcohol, with a tendency to increase use

Drugs

Can lead to more serious problemsIt is illegal to possess certain drugsIt is a more serious offense to sale certain drugs than merely possessing themIt is also illegal to give drugs away You may also be prosecuted for associating with anyone who does drugs (See pg. 40, Example 2)

Alcohol

Alcohol is the most commonly used drug in the United States

Liability also falls on anyone who sells or gives alcoholic beverages to minors (including hosts of social events)

When you use public roads, you agree to give law enforcement officials permission to test you for alcohol use (implied consent)

Domestic Violence

Domestic Violence – physical or mental abuse of children, spouses, and elderly people by members of their families.

May be in the form of physical or mental abuseA protective order may be issued

Domestic Violence Laws outlaw physical violence directed at any family memberPlease note: the laws of many states require teachers, physicians, nurses, and others to report suspected cases of abuse

Vandalism

- the willful or malicious causing of damage to property.Vandals are often required to pay for damages and/or provide the work needed to restore the damaged propertyParents of vandals may be liable as wellActions such as pranks, jokes, or dares are no defenseLook-outs are equally guilty

Shoplifting

- the act of stealing goods from a store.Concealment on one’s person of an article offered for sale is considered proof in most statesShoplifting losses and the cost of extra security increase retail pricesFelony - Value of stolen goods is greater than $500Misdemeanor – Value of stolen goods is less than $500

Motor Vehicle Violations

In most states, young drivers who break traffic laws are punished as adults

Penalties include: payment of fines, having license suspended, or having license revoked

Causes insurance rates to increase

Motor Vehicle Violations con’t…

Drag racingSide-by-side racingTiming vehicles separately

JoyridingTemporarily taking a motor vehicle without the permission of the owner

All participants, not just the divers, can be held liable in both cases.

Delinquent and Unruly Children

- a minor, under a certain age (usually 16, 17, or 18), who has committed an act that would be a crime if done by an adult. - a minor who has done something that would not be a crime if it were done by and adult.

TruancyUse of tobaccoRunning awayViolating curfew

Juvenile Court

The juvenile court system’s goal is rehabilitation… not punishment.

Juvenile or Adult???

In many states, children over a certain age (usually 14) may be tried as an adult in criminal court. The following factors will be considered:

Seriousness of the offense

Minor’s family, school, and social history

Minor’s court and delinquency record

Protection of public

Nature of past treatment efforts

Likelihood of successful rehabilitation

Final notes about juvenile offenders…

Persons who go before juvenile courts must be given same constitutional rights as people who go before other types of courts…in other words, full protection of the Constitution must be extended to everyone, regardless of age.

Adults are “arrested”… juveniles are “taken into custody”

Self-Assessment

Congratulations! You have now finished the Chapter 2 Notes for Business Law. Now its time to check your understanding.

Go to the website below and complete the interactive quiz.

http://glencoe.com/qe/qe51.php?qi=1315

Be sure to see next slide for quiz instructions

Instructions forInteractive Quizzes

Either go into Slide Show View and click on the hyperlink to the website, or copy the web address into your Web Browser

Click on the appropriate response for each question

Click view results

You may take the quiz as many times as you wish

When you are satisfied with your quiz score, complete the necessary fields at the bottom of your screen. Please note…my e-mail address is:

Rebecca_Streetman@gwinnett.k12.ga.us