Transcript CHAPTER 4 Criminal Law and Procedure

CHAPTER 4
Criminal Law and
Procedure
4-1
4-2
Criminal Law
Criminal Procedure
LAW for Business and Personal Use
© 2012 Cengage Learning. All Rights Reserved.
May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
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
 Elements of criminal acts
 Duty to do (or not to do) a certain thing to establish duty in a trial the prosecutor will cite the statute
to a judge
 Violation of the duty
the breach of this duty is the criminal act.
 Criminal intent
must be proven
1. defendant intended to commit the act
2. intended to do evil
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SLIDE 3
CRIMINAL INTENT
 Issues for Corporations

Can a corporation form criminal intent?
 If the corporations employees have criminal intent, the
 employer can be judged to have criminal intent
 if the employees were doing their assigned duties and the criminal act
benefits the organization, most courts will find criminal intent

Can officers be held criminally responsible if an employee
commits a crime?
 many times the answer is yes, under the doctrine of vicarious liability
(substituted liability) ie: president of company knows generally about
dangerous working conditions, but does nothing and a worker is killed,
president may be charged with homicide
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SLIDE 4
CRIMINAL INTENT
 Issues of age

under seven considered below the age of reason

seven to fourteen must prove they had knowledge

fourteen to seventeen kind of a gray area- will depend on
crime

eighteen and up are adults
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SLIDE 5
CRIMINAL INTENT
 Issues Intent

sufficient mental capacity to know the difference between
right and wrong

insane persons are not held responsible

normally neither voluntary intoxication nor use of drugs will
be considered to affecting ones criminal intent
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SLIDE 6
CRIMINAL INTENT

When is intent not required

less serious crimes

jail time is unlikely
ie: traffic offenses, extreme carelessness
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© 2012 Cengage Learning. All Rights Reserved.
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SLIDE 7
CHECKPOINT

 What three elements must be proven at trial
before someone can be convicted of a
crime?
1.
2.
3.
duty to do or not do
violation of duty
intent
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SLIDE 8
CLASSIFICATIONS OF CRIMES

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
Felonies
 Serious crime punishable by confinement for more than one
year in a state prison or fine over $1,000 or both, or death
Misdemeanors
 Less serious crime punishable 1) by confinement in a
county or city jail for less than one year, 2) by fine, or 3) by
both confinement and fine
~ can be classified as an infraction
White-collar crimes
 Criminals are generally well-educated, respected members
of the community
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SLIDE 9
CLASSIFICATION OF CRIMES BY PARTY,
INTEREST, OR PROPERTY INJURED
1.
2.
3.
4.
5.
6.
7.
Crimes against a person (assault and battery, kidnapping, rape,
murder)
Crimes against property (theft, robbery, embezzlement, receiving
stolen property)
Crimes against the government and the administration of justice
(treason, tax evasion, bribery, counterfeiting, perjury)
Crimes against public peace and order (rioting, carrying concealed
weapons, drunk and disorderly conduct, illegal speeding)
Crimes against realty (burglary, arson, criminal trespass)
Crimes against consumers (fraudulent sale of worthless securities,
violations of pure food and drug laws)
Crimes against decency (bigamy, obscenity, prostitution, contributing
to the delinquency of a minor)
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SLIDE 10
CRIMES AGAINST A PERSON
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Homicide
1st degree Murder
Felony Murder
2nd degree Murder
Voluntary
Manslaughter
Involuntary
Manslaughter
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Negligent Homicide
Assault & Battery
Stalking
Sexual Assault
Rape
Statutory Rape
Acquaintance Rape
Hate Crimes
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SLIDE 11
DEFINITIONS CRIMES AGAINST A
PERSON

Homicide – most serious

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
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Criminal is committed with plan or malice, done with intent to kill or
seriously harm, acting reckless without regard to others
Criminal homicide if: persons actions are without regard for another’s life
and result in the killing of another
Homicide can be non-criminal: excusable or justifiable and is not subject to
criminal charges
1st degree Murder


premeditated, deliberate, with malice
depraved indifference to human life
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SLIDE 12
DEFINITIONS CRIMES AGAINST A
PERSON

Felony Murder
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2nd degree Murder
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
killing takes place during the commission of certain felonies
Arson, rape, robbery, burglary
no need to prove intent, malice assumed because homicide occurred
during a felony act
without premeditation or deliberation
intent existed at moment of murder/killing
intentional but spontaneous
Voluntary Manslaughter
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victim has done something to cause a reasonable person to lose selfcontrol or act rashly
violent argument
occur just after the provocation
punished less severely
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SLIDE 13
DEFINITIONS CRIMES AGAINST A
PERSON

Involuntary Manslaughter
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Negligent Homicide
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no intent
result of reckless conduct causing extreme danger of death or bodily injury
- ie: playing with loaded gun
failure to exercise reasonable or ordinary care
vehicle deaths are most common
Suicide

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considered a plea for help
psych exam and treatment
helping can be murder or manslaughter
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SLIDE 14
DEFINITIONS CRIMES AGAINST A
PERSON

Assault & Battery
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assault – attempt or threat to physically attack
battery – unlawful physical contact
no injury necessary
must intend bodily harm
states have statutes for different classifications
assault with intent to rob, murder
battery defined by harm inflicted
Stalking


repeatedly following or harassing
make threats/cause fear
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SLIDE 15
DEFINITIONS CRIMES AGAINST A
PERSON

Sexual Assault
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Rape
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includes rape and attempted rape
verbal threats of a sexual nature
unwanted sexual contact/grabbing, fondling
sexual intercourse without consent
no consent if person is unconscious, mentally incompetent, impaired by
drugs or alcohol
Statutory Rape

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sexual intercourse between an adult and minor
lack of consent is not an element since a minor is incapable of giving legal
consent
trend is to protect victims
“rape shield” past history not allowed
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SLIDE 16
DEFINITIONS CRIMES AGAINST A
PERSON


Acquaintance Rape – parties know each other
Hate Crimes
 1969 statute covered
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Race
Color
Religion
National origin
Amended 2009 to include
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Disability
Sexual Orientation
Gender
Gender Identity
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SLIDE 17
BUSINESS-RELATED CRIMES
 Larceny
 Receiving stolen
property
 False pretenses
 Forgery
 Bribery
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


Computer crime
Extortion
Conspiracy
Arson
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SLIDE 18
DEFINITIONS OF BUSINESS
RELATED CRIMES

Larceny – wrongful taking of money or personal property belonging to
someone else.
 Robbery – taking of property from another’s person or immediate
presence, against the victim’s will, by force or causing fear
 Burglary is another variation, entering a building without permission



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Receiving Stolen Property – knowingly receiving or buying
False Pretenses – obtain money or property by lying
Forgery – falsely making or materially altering a writing to defraud another
Bribery – unlawfully offering or giving to a governmental official anything of
value to influence performance
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© 2012 Cengage Learning. All Rights Reserved.
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SLIDE 19
DEFINITIONS OF BUSINESS
RELATED CRIMES
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Extortion - blackmail
Conspiracy – agreement between two or more persons to
commit a crime
Arson – willful and illegal burning of a building
Selling and Buying Narcotics
Computer Crime
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SLIDE 20
PRELIMINARY CRIMES



Solicitation
~ to ask, command, urge, or advise another to commit a
crime
Attempt
~ perform all the elements of a crime but fail to achieve the
criminal result
Conspiracy
~ agreement between two or more persons to commit a
crime
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SLIDE 21
PARTIES TO A CRIME

Principal
~ person who commits the crime

Accomplice
~ someone who helps the principal commit a crime

Accessory before the fact
~ person who orders a crime or helps the principal commit
the crime but who is not the present during the crime
~ can usually be charged with the same crime as the
principal

Accessory after the fact
~ someone knowing a crime has been committed, helps
the principal or an accomplice avoid capture or helps them
escape
LAW for Business and Personal Use
Chapter 4
© 2012 Cengage Learning. All Rights Reserved.
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SLIDE 22
CHECKPOINT

 Name the three categories of crimes
classified by the severity of their potential
sentences.
1. Felonies
2. Misdemeanors
3. White Collar
LAW for Business and Personal Use
Chapter 4
© 2012 Cengage Learning. All Rights Reserved.
May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
SLIDE 23