Transcript CHAPTER 4 Criminal Law and Procedure

CHAPTER 4
Criminal Law and
Procedure
4-1
4-2
Criminal Law
Criminal Procedure
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4-1
Criminal Law
 GOALS
 Understand the three elements that make up a
criminal act
 Classify crimes according to the severity of their
potential sentences
 Identify the types of crimes that affect business
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SLIDE 2
CRIMES AND CRIMINAL
BEHAVIOR
 The most fundamental characteristic of a crime is
that it is a punishable offense against society
 Before you can be convicted of a crime, the
prosecution must prove at trial three elements
regarding your alleged criminal behavior
 Whether you had a duty imposed by criminal statute to do
or not to do a certain thing
 Whether you performed an act or omission in violation of
that duty
 Whether or not you had criminal intent
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SLIDE 3
CRIMES AND CRIMINAL
BEHAVIOR

Elements of criminal acts
 Duty
 Generally, under our system everyone has a legally enforceable duty to
conform his or her conduct to the law’s requirements.
 Prosecutors will show a judge a statute that illustrates duty owed in the
case
 Violation of the duty
 The breach of duty, the specific conduct of the defendant that violates
the statute, is the criminal act.
 Criminal intent
 Generally means that the defendant intended to commit the specific act
or omission defined as criminal in the controlling statute
 They intended to commit evil

Perjury: lying under oath
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SLIDE 4
Vicarious Criminal Liability
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When a corporate employee commits a crime, can officers be held
criminally responsible?
Yes
The officer will be held criminally liable under the doctrine of vicarious
criminal liability.
Vicarious means substituted
The criminal intent of the employee is used as a substitute for the
requirement of criminal intent for an officer
Under early common law children under 7 were considered incapable
of having criminal intent.
Age 14 is the age at which criminal intent is deemed to be capable by
statutes in most states
Age 18 is the age most states fix the age of criminal liability.
Generally, what is a crime for an adult is juvenile delinquency for a
minor.
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SLIDE 5
CHECKPOINT

 What three elements must be proven at trial
before someone can be convicted of a
crime?
 Duty, violation of duty, criminal intent.
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SLIDE 6
CLASSIFICATIONS OF CRIMES
 Felony
 A crime punishable by confinement for more than
a year in a state prison or by a fine of more than
$1,000 or both
 Murder, kidnapping, arson, etc. are examples of
felonies.
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SLIDE 7
CLASSIFICATIONS OF CRIMES
 Misdemeanor
 Less serious crime
 Punishable by confinement in a county or city jail for one
year or less, by a fine of $1,000 or less, or both
 Crimes include disorderly conduct and speeding
 Some lesser misdemeanors are called infractions
 White collar crimes
 Offenses committed in the business world
 Do not typically involve force or violence and do not cause
physical injury to people or physical damage to property
 Include stock fraud, not paying income taxes, etc.
 Ex: Antitrust laws state that competing companies may not
cooperate in price fixing or in dividing sales regions.
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SLIDE 8
CHECKPOINT
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 Name the two categories of crimes classified
by the severity of their potential sentences.
 Misdemeanor and felony
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SLIDE 9
BUSINESS-RELATED CRIMES
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Larceny: Wrongful taking of money or person property belonging to
someone else
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Burglary: a type of larceny where a building is entered without
permission.
Receiving stolen property: Knowingly receiving stolen property
consists of either receiving or buying property known to be stolen.
One who receives stolen property is known as a fence.
False pretenses: obtaining money or other property by lying about a
past or existing fact
Forgery: falsely making or materially altering a writing to defraud
another.
Bribery: Unlawfully offering or giving anything of value to influence
performance of an official in the carrying out of his or her public or
legal duties.
Obscenity: A crime against decency
Civil Offense: A crime against an individual but not against society
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SLIDE 10
BUSINESS-RELATED CRIMES
 Extortion: obtaining money or other property from a
person by wrongful use of force, fear, or the power
of office.
 Conspiracy: an agreement between two or more
persons to commit a crime
 Arson: the willful and illegal burning or exploding of
a building.
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SLIDE 11
4-2
Criminal Procedure
 GOALS
 Know the rights people have when arrested and
their potential criminal liability for the action of
others
 Name and describe the two types of defenses to
criminal charges
 Understand appropriate punishment for crimes
 Explain the steps in criminal procedure
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SLIDE 12
RIGHTS AND RESPONSIBILITIES
 Rights of the accused
 The right to be represented by a lawyer
 The right to be subject to arrest only when there is probable
cause (a reasonable ground for belief)
 The right to refuse to testify against oneself
 A Miranda warning must be issued must be issued to all
accused
 Any evidence or confession given by a suspect not properly
read his or her right cannot be used against them at trial.
 Responsibility for the criminal conduct of others
 A person who knowingly aids another in the commission of
a crime is guilty of wrongdoing.
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SLIDE 13
CHECKPOINT

 What constitutional rights would you have if
you were accused of a crime?
 Anything in the Miranda warning
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SLIDE 14
DEFENSES TO CRIMINAL
CHARGES
 Procedural defenses: based on problems with the
way evidence is obtained or the way an accused
person is arrest, questioned, tried, or punished.
 Ex: a defendant who had confessed to a crime might say
that she signed the confession only because she was
threatened by the police.
 Substantive defenses: disprove, justify, or excuse
the alleged crime.
 Ex: self defense: the use of force that appears to be
reasonably necessary to the victim to prevent death,
serious bodily harm, rape, or kidnapping.
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SLIDE 15
DEFENSES TO CRIMINAL
CHARGES
 Immunity: freedom from prosecution even
when one has committed the crime charged.
 A witness who refuses to testify after the
grant of immunity is in contempt of court.
 Contempt of court: the action that hinders the
administration of justice.
 Punishable by imprisonment
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SLIDE 16
DEFENSES TO CRIMINAL
CHARGES
 An accused person may agree to plead guilt
to a less serious crime in exchange for
having a more serious crime charge
dropped.
 This is called a plea bargain
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SLIDE 17
CHECKPOINT
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 Name the two defense categories and give
an example of each.
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SLIDE 18
PUNISHMENTS FOR CRIMES
 Fines
 Imprisonment
 Execution
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SLIDE 19
PROCEDURE FOR A CRIMINAL
TRIAL
 Pre-trial criminal procedure
 An indictment is a written accusation declaring
that there is sufficient evidence to try the
identified individual for a specific crime.
 A grand jury is the group of citizen selected to
hear, in secret, the evidence of alleged crimes.
 Once the defendant has been arrested, he or she
is brought before the court in a proceeding called
an arraignment, during which formal charges are
read.
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SLIDE 20
PROCEDURE FOR A CRIMINAL
TRIAL
 Pre-trial criminal procedure
 If the defendant pleads guilty then the court
begins determining the appropriate punishment
for the crime
 If the plea is not guilty, the defendant may elect to
have a preliminary hearing, at which the evidence
against them is presented to the court so it mat
determine whether there is sufficient cause to
hold the defendant for trial.
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SLIDE 21
PROCEDURE FOR A CRIMINAL
TRIAL
 Pre-trial criminal procedure
 At the arraignment the court will also determine
whether the suspect shall be kept in jail or
released on bail
 Bail is a sum of money or property deposited or
pledged to guarantee that the arrested person will
appear for a preliminary hearing or trial.
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SLIDE 22
PROCEDURE FOR A CRIMINAL
TRIAL
 Preparation for trial
 Prosecution and defense begin finding evidence
for their cases
 Both sides may obtain a subpoena
 This is a command to an individual to appear and testify
or produce documents or other evidence in his or her
possession.
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SLIDE 23
PROCEDURE FOR A CRIMINAL
TRIAL
 Procedure at trial
 The prosecutor and defense must agree on a set
of jurors. (typically 12).
 The preliminary exam of potential jurors, referred
to as voir dire, is to determine their ability to judge
ably and impartially the matter to be placed
before them.
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SLIDE 24
PROCEDURE FOR A CRIMINAL
TRIAL
 Procedure at trial
 Attorneys from each side begin the trial with
opening statements.
 Evidence and testimony are then presented to the
court.
 The side calling the witness conducts the direct
examination of the witness.
 The opposing side may then question the witness
in what is called the cross examination.
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SLIDE 25
PROCEDURE FOR A CRIMINAL
TRIAL
 Procedure at trial
 Once the evidence has been presented both
attorneys give their closing remarks.
 The judge then instructs the jurors to determine
the ruling on the case.
 The alleged crime must be shown by the
evidence beyond a reasonable doubt in order for
the jury to convict the defendant.
 Generally, all jurors must vote for a conviction
before a person can be convicted of a crime.
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SLIDE 26