Section 5-1 Goals EXPLAIN THE ELEMENTS OF A CRIME
DESCRIBE THOSE CRIMES WHICH COMMONLY OCCUR IN THE BUSINESS ENVIRONMENT
IMPORTANT! IGNORANCE OF THE LAW IS NO EXCUSE TO BE RELIEVED OF A CRIME!
What is a crime?
Crime A punishable offense against society Attempts to identify, arrest, prosecute or
punish the criminal to protect society Defined by statute
Civil offense Offenses against a victim, not society Victims can sue for civil damages
Most crimes-the criminal has very little money to sue for…
3 Elements of a Crime
1. A duty to do or not do a certain thing
• Usually described by state statutes
2. An act or omission in violation of that duty
• Criminal Act- specific conduct that violates a duty
3. Criminal Intent• Intent to commit the act• Intent to do evil• MUST BE PROVED
1. Duty Usually state statutes prohibit
certain conduct Occasionally federal statutes or
city ordinances identify criminal behavior
Stealing from employer Breaking into neighbors house
2. Violation of the Duty Criminal Act
Breach of duty
Specific conduct that violates statute
Breaches proven in trial Example:
Sue stole money from employer; Joe saw her and testified in court
3. Criminal Intent Intent must be proven (most cases)
Defendant Intended to commit the act Intended to do evil
Example: Sue intentionally stole money from
employer
Going back to Emily vs. Northside…..
Did Emily commit a crime?
• DID EMILY HAVE A DUTY?• DID SHE VIOLATE THAT DUTY?• DID SHE INTEND TO STEAL?
What’s your verdict? – Page 67
Statute defined Duty? Defined by statue?
Was there a violation of that duty?
Embezzlement Criminal act of taking someone’s property or money by an entrusted person
Criminal Intent & Corporations
Employee criminal intent=Organization’s criminal intent President of company is aware of dangerous
working condition Worker is killed because of working condition President can be found guilty of crime Vicarious Criminal Liability Substitute – employee is used as a substitute
Other factors involving criminal intent
To have criminal intent, one must have sufficient mental capacity Insanity – not mentally capable
Age Under 7 considered below age of reason Over 14 can be considered an adult
Over 14 knows the difference between right and wrong 7-14 intent & understanding must be proven Drugs/alcohol- does not relieve criminal intent;
done voluntarily
Criminal intent – cont.PLEASE ADD TO YOUR NOTES
Some crimes do not require the element of criminal intent Example:
A driver speeding hit and killed someone The intent was not there; however, could be
convicted of vehicular homicide
Less serious crimes where jail is unlikely; intent is not required Example:
Traffic offenses…….
Analyze Real Cases – page 76
#26 – cigar owner Did Feinberg have a duty to tell his customers of the
change in percent? Did he violate the duty? Did he intend to kill anyone?
Feinberg acted with such gross negligence that it is equivalent of criminal intent
#28 – shopper Did the shopper have a duty to “not steal” Did he violate the duty? Did he intend to steal?
Yes to all - guilty
Two Classifications of Crimes
Felony A crime punishable by confinement of more than a
year in state prison Fine over $1,000 Both Death
Misdemeanor Less serious crime, punishable by county/city jail less
than 1 year Infraction
Lesser misdemeanor No jury trial
Perjury – PLEASE ADD TO YOUR NOTES People who lie under oath
Business Related Crimes(What’s my verdict? Page 69)
White Collar Crimes Offences committed in the business world No force or violence, personal injury, or physical
damage Tax evasion Defrauding customers Price fixing Insurance fraud
Because physical violence is not involved, courts tend to be more lenient
Larceny (theft) Wrongful taking of money or property with intent
to deprive ownership May be a felony or misdemeanor – depends on value
Business Related Crimes cont.
Robbery (form of larceny) Taking of property against the victims will
By force, causing fear Always a felony
Burglary (larceny) Entering a building w/o permission with intent of
committing a crime Always a felony
Receiving Stolen Property Knowingly receiving or buying…
Business Related Crimes cont. False Pretenses
Lying about facts to obtain money or property
Forgery Making or changing a document to defraud
another Bribery
Offering or giving something of value to influence an official
Business Related Crimes cont. Extortion (blackmail)
Obtaining money/property by fear, force, or power of office
Conspiracy Agreement between 2 or more people
to commit a crime Arson
Willful & illegal burning of a building
Review Chapter 5.1 Page 70 – Think About Legal
Concepts #1 - #5
Page 70 – Think Critically About Evidence #6 - 8
Section 5-2 Goals Understand rights when arrested Recognize criminal liability Understand common defenses of
criminal charges
Constitutional Rights & Responsibilities
What’s Your verdict? Page 71Rights when arrested
Due Process=fair procedures in investigation and court
Example: Right to be represented by a lawyer Defendants may not be compelled to testify against
self Right to cross examine witnesses
Jury Trial- is asked for by prosecutor or defendant. How is a jury picked
Criminal Conduct of Others Anyone aiding in a crime can also
be found guilty for the same crime Ex. Burglary look-out Vicarious Liability (substitute)
Defenses to Criminal Charges “What’s My Verdict”? – pg. 72
Defense- Often allows defendant to escape liability
Two types Procedural Defenses Substantive Defenses
Procedural vs. Substantive
Procedural defenses Problems with the way
evidence was obtained The way a person is
arrested, questioned, tried or punished
EX: confession was signed due to threat by police
Ignorance of law does not count
Substantive Defenses Disprove, justify, or
excuse crime Discredit facts
Self-Defense Criminal Insanity Immunity
Freedom from prosecution – exchange for agreement to testify against other criminals
Other terms… Contempt of court
Witness who refuses to testify after immunity has been given
Punishment Penalty provided by law and imposed by a
court Deter others from breaking the same law
“What’s Your Verdict”? – page 72
Plea Bargain Plea of guilty for a lesser crime so a more
serious crime is dropped
Wrap Chapter 5 - Thursday With a partner…
Your Legal Vocabulary P. 74, 1-12
Think about legal concepts P.73, 1-5
Think critically about evidence P. 75 18-21
Analyze Real Cases P. 76
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