Crime – a punishable offense against society

Elements of a Crime:› A duty to do or not to do a certain thing› Criminal Act - An act or omission in

violation of that duty› Criminal Intent – Intent to commit the act

and do evil

Crimes against a person: assault and battery, kidnapping, rape, murder

Crimes against property: theft, robbery, embezzlement

Crimes against the government: treason, tax evasion, perjury

Crimes against public peace: rioting, disorderly conduct, speeding

Crimes against realty: burglary, arson, trespassing

Crimes against consumers: fraudulent sale of securities, violation of pure food and drug laws

Crimes against decency: bigamy, obscenity, prostitution

Felony – a crime punishable by more than 1 year in prison and/or a fine of more than $1,000

In some cases, a felony can also be punishable by death.

Misdemeanor – a crime punishable by less than 1 year in prison and/or a fine

Infraction – a less serious misdemeanor only punishable by fines

Embezzlement – the taking another person’s money or property by a person whom it was entrusted to

Perjury – lying under oath

Larceny (theft) – the wrongful taking of money or personal property with intent to deprive the owner of possession› Robbery – taking of money or property from a

person against their will by force or causing fear› Burglary – entering a building without permission

with intention to commit a crime› Shoplifting, pick-pocketing, purse snatching

Receiving Stolen Property – knowingly receiving or buying property known to be stolen with intent to deprive the rightful owner of the property

False Pretenses – obtaining money or property by lying about a fact

Forgery – falsely making or altering a writing to defraud another

Bribery – unlawfully offering or giving anything of value to influence performance of an official

Extortion (blackmail) – obtaining money or other property from a person by wrongful use of force, fear, or power

Conspiracy – an agreement between 2 or more people to commit a crime

Arson – the willful and illegal burning of a building

Your rights when arrested:› Fair procedure during an investigation and in

court› Defendants may not be compelled to testify

against themselves› Cross-examination of witnesses› Right to be represented by a lawyer› Must be proven guilty beyond a reasonable

doubt

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

One who plans the crime or intentionally helps in the act is guilty of the same crime.

Example: If someone is killed during the commission of a felony, all accomplices are guilty of the homicide.

Defense – establishing a way for the defendant to escape liability

Procedural Defenses – defenses based on problems with the way evidence is obtained or the way the accused is arrested, questioned, tried, or punished

Substantive Defenses – ways to disprove, justify, or excuse the alleged crime by discrediting facts established by the prosecution

Self-defense – use of force necessary to prevent death, serious bodily harm, rape, or kidnapping

Criminal Insanity – exists when the defense can prove the accused does not know the difference between right and wrong

Immunity – freedom from prosecution even when that person has committed a crime› A witness who refuses to testify after being

granted immunity is in contempt of court

Punishment - any penalty provided by law and imposed by a court

Plea Bargain – agreeing to plead guilty to a less serious crime in exchange for having a more serious crime dropped› Gives up right to trial to avoid risk or

harsher punishment if convicted

Torts – a private or civil wrong against an individual

If a tort is committed, the victim can sue and obtain a judgment for money damages.

Elements of a tort:› Duty› Breach› Injury› Causation (Proof)

Duty – a legal obligation to do or not to do something› We have duties to not injure another person’s body,

reputation, or privacy; not to interfere with other’s property rights; not to interfere with other’s economic rights

Breach – a violation of the duty

Injury – a harm that is recognized by law

Causation (proof) – Proof that the breach caused the injury› Proximate Cause – when it is reasonably foreseeable

that breach of duty will result in an injury

Intentional Torts – torts for which the defendant intended either the injury or the act

Assault – when one person intentionally threatens to physically or offensively injure another

Battery – an intentional breach of the duty to refrain from harmful or offensive touching

False Imprisonment – depriving a person’s freedom of movement without the person’s consent and without privilege

Defamation – injuring someone’s reputation by issuing false statements› Written = Libel; Spoken = Slander› Statement must be false, communicated to a

third person, or brings the victim contempt or ridicule by others

Invasion of Privacy – the unwelcome and unlawful intrusion into one’s private life to cause outrage, mental suffering, or humiliation

Trespassing – entry onto property without the owner’s consent

Conversion – if the right to control and use a possession is violated› Right is violated if the possession is stolen, destroyed,

or used in a manner inconsistent with the owner’s rights

Interference with Contractual Relations – when a third party entices or encourages the breach of a contract

Fraud – intentional misrepresentation of an existing important fact

Negligence – the most common tort; intent is not required, only carelessness

The Reasonable-Person Standard – a duty that requires us to act with the care, prudence, and good judgment to not cause injury to others

Defenses to negligence:› Contributory (Comparative) Negligence – when a

plaintiff’s own negligence was a partial cause for the injury

› Assumption of Risk – when a plaintiff is aware of a danger but decides to subject themselves to the risk

Strict Liability – even though the defendant was not negligent, they are liable if engaged in an activity that resulted in injury› Proof of both the activity and injury substitute

for proof of a violation of a duty

Examples: target practice, ownership of dangerous animals, sale of goods that are unreasonably dangerous

Injunction – a court order issued for a person to do or not to do a particular act in order to prevent a tort

Damages – a monetary award to the injured party to compensate for loss› Goal is to place in injured party back in the

same position as if the tort never happened› Usually used to reimburse the plaintiff for lost

wages, medical bills, pain, and suffering› Lawyers often get a percentage of the

damages (25% - before, 33% - trial, 40% - appeal)

Evidence – anything the judge allows to be presented to the jury to prove or disprove facts

Testimony – statements by witnesses under oath

Witness – someone with personal knowledge of the facts of a case

Subpoena – written order buy the judge commanding a witness to appear in court to testify

Contempt of Court – action that hinders the administration of justice

Verdict – the jury’s decision; Judgment – final result of a civil trial

Writ of Execution – used if the defendant does not pay damages; the process by which a judgment for money is enforced; the court directs the defendant’s property seized or sold to pay the judgment