Chapter 4

Our Criminal Laws

What are Crimes?

Crimes-punishable offenses against society

Crimes contrast with civil offenses (against a victim vs. society)

Crimes are defined by statutes– Laws enacted on state or federal level– Tell us what conduct is prohibited

Elements of a Crime

Before conviction, 3 elements must be proven at trial

Duty-to do or not do a certain thing– Prosecutor sites a statute to a judge

Violation of the Duty– Criminal act-specific conduct violates a statute

Criminal Intent– Defendant intended to commit the act OR– Defendant intended to do evil

Embezzlement

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

Creates 2 issues for corporations:1. If an employee has criminal intent, the

organization may be judged to have criminal intent

2. Vicarious criminal liability-liability may be imposed on 1 person for the acts of another

Criminal Conduct may be classified in various ways--AGAINST

1. Person—assault, battery, kidnapping, rape, murder

2. Property—theft, robbery, embezzlement

3. Government—tax evasion, treason, perjury

4. Public peace and order-rioting, disorderly conduct, illegal speeding

5. Realty—burglary, arson, criminal trespass

6. Consumers—fraudulent sale of securities, violation of food & drug laws

7. Decency—bigamy, obscenity, prostitution

Classifications of Crimes

Felony—most serious offenses– Crime punishable by confinement for more than a

year in a state prison OR– By a fine of more than $1,000 OR– BOTH

Examples of FeloniesMurder, kidnapping, arson, robbery, burglary,

embezzlement

Perjury-lying under oath

Misdemeanors-less serious crimes– Punishable by confinement in a county or city jail

for less than one year, fine, OR BOTH

Examples:

Disorderly conduct, speeding

Infractions-lesser misdemeanors where you can only be fined

Examples:

Parking violations, littering, etc.

Business Related Crimes

White Collar Crimes– Offenses committed in the business world – Examples: evading income taxes, defrauding

consumers, cheating with false weighing machines, price fixing, etc.

– Physical violence is not involved so courts tend to be more lenient with white-collar criminals

– Punishments include fines or short-term prison sentences

Anti-Trust Laws Competing companies may not cooperate in

fixing prices or in dividing sale regions Requires business firms to compete with one

another

Common Business related crimes: Larceny-(theft) wrongful taking of money or

property belonging to someone else with the intent to deprive the owner of possession

Larceny Robbery-taking property against the

victims will, by force or by causing fear Burglary-entering a building without

permission when intending to commit a crime

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

False Pretenses-obtaining money or other property by lying about past or present facts

Forgery-falsely making or altering a writing to defraud another

Bribery-offering/giving something of value to influence performance (actions) of an official

Computer Crimes-hacking, theft/defraud consumers, virus transmission, stealing credit card numbers, illegal fund transfers, double billings….

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

Conspiracy-agreement to commit a crime b/n two or more people

Arson-willful & illegal burning of a building

Rights and Responsibilities

One of the major objectives of the Constitution is to protect individuals from actions of our federal government

The authors of the Constitution believed it was better for our society to give individuals too much liberty than to allow government too much power

Rights when arrested

Due process requires fair procedures during an investigation and in court

To convict a person of a crime, the evidence must establish guilt with proof beyond a reasonable doubt

Defendants have a constitutional right to a trial by jury

Defenses to Criminal Charges

Procedural Defense-based on problems with the way evidence is obtained, accused is arrested, tried or punished– Ignorance of the law is not a defense. The

legal system assumes that everyone knows the law

Substantive Defense-disprove, justify, or excuse the alleged crime

Types of Substantive Defenses

Self-defense-use of force that appears to be reasonably necessary to prevent death, serious bodily harm, rape, or kidnapping

Criminal Insanity-accused doesn’t know the difference between right and wrong

Immunity-freedom from prosecution even when one has committed the crime– Contempt of Court-witness who refuses to

testify after the grant of immunity

Punishments for Crimes

Punishment-penalty provided by law and imposed by courts– Fine, imprisonment, death

Plea Bargaining-the accused may agree to plead guilty to a less serious crime in exchange for having a more serious charge dropped