Criminal laws
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Criminal laws

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Basic criminal laws for high school students in busi

Basic criminal laws for high school students in busi

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  • 1. Criminal Laws
  • 2. Here’s what we’ll learn in this unit:
    • Criminal laws are complicated
    • Types of crimes
    • Elements of a crime
    • Crimes against people
    • Crimes against property
    • Crimes against business interests
    • Defenses to crimes
    • Punishments for crimes
  • 3. Criminal laws are complicated
    • Even the simplest of crimes can be very complex.
    • For example, the crime of “petty theft” (stealing something worth less than $950) can be hard to understand…
  • 4. Criminal laws are complicated
    • Stealing a memo book (worth less than $950) from a store is “petty theft”.
    • Maximum punishment: less than a year in jail.
  • 5. Criminal laws are complicated
    • Stealing the same memo book from a backpack that someone is wearing is “grand theft”.
    • Maximum punishment: 25 years to life in prison for a repeat offender’s 3 rd conviction
  • 6. Criminal laws are complicated
    • If you steal a calf or a sheep or a goat or a pig (worth less than $950) you are not guilty of “petty theft”—that is a “grand theft” in California.
  • 7. Criminal laws are complicated
    • If you steal a dog (worth less than $950) you are not guilty of “grand theft”—that is a “petty theft” in California.
    Grand theft Petty theft
  • 8. Criminal laws are complicated
    • Stealing a pistol of any value (even if less than $950) is a “grand theft”
    • A pistol theft counts as a strike in California’s three strikes law. If it’s your third strike, you’ll be going to prison for 25 years to life.
  • 9. Criminal laws are complicated
    • Stealing olives or avocados or lemons worth more than only $250 (not $950) is not “petty theft”—it’s “grand theft” in California.
  • 10. Criminal laws are complicated
    • Stealing domesticated turkeys worth $300 is “grand theft” in California.
  • 11. Criminal laws are complicated
    • Stealing domesticated rabbits worth $300 is only “petty theft” in California.
    Grand theft Petty theft
  • 12. Criminal laws are complicated
    • Stealing fish worth $300 from your friend’s house is just a “petty theft”
  • 13. Criminal laws are complicated
    • Stealing fish worth $300 from a commercial operation producing fish is “grand theft” in California.
  • 14. Criminal laws are complicated
    • We just need to know the basics about common crimes.
  • 15. Criminal laws are complicated
    • We understand that there’s a lot more to know about crimes that we will cannot learn in this class.
  • 16. Criminal laws are complicated
    • We are not the experts
  • 17. Okay, let’s get started!
  • 18. Here’s what we’ll learn in this unit:
    • Criminal laws are complicated
    • Types of crimes
    • Elements of a crime
    • Crimes against people
    • Crimes against property
    • Crimes against business interests
    • Defenses to crimes
    • Punishments for crimes
  • 19. Three types of crimes
    • Infraction
    • Misdemeanor
    • Felony
  • 20. Three types of crimes
    • Infraction
      • Ticket crime
      • Example: littering
      • Example: failure to stop at a stop sign
      • Possible punishments: fines; community service; no jail
  • 21. Three types of crimes
    • Misdemeanor
  • 22. Three types of crimes
    • Misdemeanor
      • Minor crime
  • 23. Three types of crimes
    • Misdemeanor
      • Minor crime
      • Example: trespassing
  • 24. Three types of crimes
    • Misdemeanor
      • Minor crime
      • Example: trespassing
      • Example: stealing something worth less than $950 from a store (Petty theft)
  • 25. Three types of crimes
    • Misdemeanor
      • Minor crime
      • Example: trespassing
      • Example: stealing something worth less than $950 from a store (Petty theft)
      • Possible punishments: counseling, restitution, community service, stay-away order, fine, probation, and/or up to 1 year in jail
  • 26. Three types of crimes
    • Felony
      • Serious crime
  • 27. Three types of crimes
    • Felony
      • Serious crime
      • Example: Using a gun to rob a person (Aggravated robbery)
  • 28. Three types of crimes
    • Felony
      • Serious crime
      • Example: Using a gun to rob a person (Aggravated robbery)
      • Example: Murder
  • 29. Three types of crimes
    • Felony
      • Serious crime
      • Example: Using a gun to rob a person (Aggravated robbery)
      • Example: Murder
      • Possible punishments: greater than 1 year in prison —maybe even the death penalty
  • 30. “ Wobblers”
    • Crimes that could be charged as a misdemeanor or as a felony
  • 31. “ Wobblers”
    • Crimes that could be charged as a misdemeanor or as a felony
    • Hundreds of crimes are “wobblers”
    • Examples:
      • Threaten to injure a school employee
      • Burglary
      • Forgery
      • Distribution or exhibition of lewd material to minor
      • Participation in criminal street gang activity
      • Receiving stolen property
  • 32. “ Wobblers”
    • The prosecutor will decide to charge the defendant with a misdemeanor or a felony .
    • Decision based on:
      • Criminal history
      • Seriousness of the crime
      • Mitigating circumstances
  • 33. “ Mitigating” circumstances
    • Things that the prosecutor may take into consideration that would reduce the charge or lessen the sentence
  • 34. “ Mitigating” circumstances
    • Things that the prosecutor may take into consideration that would reduce the charge or lessen the sentence
    • Example: first offense
  • 35. “ Mitigating” circumstances
    • Things that the prosecutor may take into consideration that would reduce the charge or lessen the sentence
    • Example: first offense
    • Example: joining the military and a felony would prevent enlistment
  • 36. “ Mitigating” circumstances
    • Things that the prosecutor may take into consideration that would reduce the charge or lessen the sentence
    • Example: first offense
    • Example: joining the military and a felony would prevent enlistment
    • Example: defendant is elderly
  • 37. “ Mitigating” circumstances
    • Things that the prosecutor may take into consideration that would reduce the charge or lessen the sentence
    • Example: first offense
    • Example: joining the military and a felony would prevent enlistment
    • Example: defendant is elderly
    • Example: cooperation to prosecute others
  • 38. Teenager crimes
  • 39. Teenager crimes
    • “ Delinquent child” vs. “Unruly child”
  • 40. Delinquent child
      • A child that committed an act that, if an adult did it, would be a crime.
  • 41. Delinquent child
      • A child that committed an act that, if an adult did it, would be a crime.
      • Example: lying to police
  • 42. Delinquent child
      • A child that committed an act that, if an adult did it, would be a crime.
      • Example: lying to police
      • Example: vandalism
  • 43. Delinquent child
      • A child that committed an act that, if an adult did it, would be a crime.
      • Example: lying to police
      • Example: vandalism
      • Example: joyriding
  • 44. Unruly child
      • A child that committed an act that, if an adult did it, would NOT be a crime
  • 45. Unruly child
      • A child that committed an act that, if an adult did it, would NOT be a crime
      • Example: drinking alcohol
  • 46. Unruly child
      • A child that committed an act that, if an adult did it, would NOT be a crime
      • Example: drinking alcohol
      • Example: running away
  • 47. Unruly child
      • A child that committed an act that, if an adult did it, would NOT be a crime
      • Example: drinking alcohol
      • Example: running away
      • Example: using tobacco
  • 48. Unruly child
      • A child that committed an act that, if an adult did it, would NOT be a crime
      • Example: drinking alcohol
      • Example: running away
      • Example: using tobacco
      • Example: violating curfew laws
  • 49. Unruly child
      • A child that committed an act that, if an adult did it, would NOT be a crime
      • Example: drinking alcohol
      • Example: running away
      • Example: using tobacco
      • Example: violating curfew laws
      • Example: habitually truant from school
  • 50. Unruly Example:
    • Every person under the age of 18 years who purchases, receives, or possesses any tobacco, cigarette, or cigarette papers, or any other preparation of tobacco, or any other instrument or paraphernalia that is designed for the smoking of tobacco, products prepared from tobacco, or any controlled substance shall, upon conviction, be punished by a fine of seventy-five dollars ($75) or 30 hours of community service work.
    California Penal Code 308 (b)
  • 51. Delinquent or Unruly?
    • Teenager who refuses to follow reasonable directions from a school principal.
  • 52. Delinquent or Unruly?
    • Teenager who refuses to follow reasonable directions from a school principal.
    Unruly
  • 53. Delinquent or Unruly?
    • Teenager draws funny monkeys on the school walls with chalk
  • 54. Delinquent or Unruly?
    • Teenager draws funny monkeys on the school walls with chalk
    Delinquent
  • 55. Delinquent or Unruly?
    • Teenager beats up his sister’s boyfriend
  • 56. Delinquent or Unruly?
    • Teenager beats up his sister’s boyfriend
    Delinquent
  • 57. Delinquent or Unruly?
    • Teenager sneaks into a bar to play pool.
  • 58. Delinquent or Unruly?
    • Teenager sneaks into a bar to play pool.
    Unruly
  • 59. Delinquent or Unruly?
    • 17-year-old teenager who lies about their age to get married without their parent’s consent
  • 60. Delinquent or Unruly?
    • 17-year-old teenager who lies about their age to get married without their parent’s consent
    Unruly
  • 61. Here’s what we’ll learn in this unit:
    • Criminal laws are complicated
    • Types of crimes
    • Elements of a crime
    • Crimes against people
    • Crimes against property
    • Crimes against business interests
    • Defenses to crimes
    • Punishments for crimes
  • 62. Elements of a Crime
    • All crimes have “elements”
  • 63. Elements of a Crime
    • All crimes have “elements”
    • “ Elements” are things that must be proven to convict
  • 64. Elements of a Crime
    • All crimes have “elements”
    • “ Elements” are things that must be proven to convict
    To be convicted of a crime, the prosecutor must prove you are guilty of each and every element of the crime.
  • 65. Elements of a Crime
    • For example, California Penal Code 242 defines the crime of battery :
      • A battery is any willful and unlawful use of force or violence upon the person of another .
      • What are the elements of “battery”?
  • 66. Elements of a Crime
      • A battery is any willful and unlawful use of force or violence upon the person of another.
  • 67. Elements of a Crime
      • A battery is any willful and unlawful use of force or violence upon the person of another.
      • The prosecutor must prove:
        • Your action was willful
        • (It was not an accident)
  • 68. Elements of a Crime
      • A battery is any willful and unlawful use of force or violence upon the person of another.
      • The prosecutor must prove:
        • Your action was unlawful
          • (It was not self-defense, for example)
  • 69. Elements of a Crime
      • A battery is any willful and unlawful use of force or violence upon the person of another.
      • The prosecutor must prove:
        • You used force or violence
  • 70. Elements of a Crime
      • A battery is any willful and unlawful use of force or violence upon the person of another.
      • The prosecutor must prove:
        • Your action was toward another person
        • (This includes anything attached or closely connected to a person)
  • 71. Elements of a Crime
      • A battery is any willful and unlawful use of force or violence upon the person of another.
      • What are the elements of “battery”?
  • 72. Elements of a Crime
      • A battery is any willful and unlawful use of force or violence upon the person of another.
      • What are the elements of “battery”?
          • Willful
          • Unlawful
          • Force or violence
          • Another person
  • 73. Elements of a Crime
      • A battery is any willful and unlawful use of force or violence upon the person of another.
      • If I punch a guy in the face because I feel he disrespected me, have I committed the crime of battery?
  • 74. http://www.youtube.com/watch?v=LWa49pMhbSA
  • 75. Elements of a Crime
      • A battery is any willful and unlawful use of force or violence upon the person of another.
      • If I punch a guy in the face because I feel he disrespected me, have I committed the crime of battery?
  • 76. Elements of a Crime
      • A battery is any willful and unlawful use of force or violence upon the person of another.
      • If I punch a guy in the face because I feel he disrespected me, have I committed the crime of battery?
          • Willful?
          • Unlawful?
          • Force or violence?
          • Another person?
  • 77. Elements of a Crime
      • A battery is any willful and unlawful use of force or violence upon the person of another.
      • If a person is attacking my wife and I hit them over the head with my fist, have I committed the crime of battery?
  • 78. Elements of a Crime
      • A battery is any willful and unlawful use of force or violence upon the person of another.
      • If a person is attacking my wife and I hit them over the head with my fist, have I committed the crime of battery?
          • Willful?
          • Unlawful?
          • Force or violence?
          • Another person?
  • 79. Elements of a Crime
      • A battery is any willful and unlawful use of force or violence upon the person of another.
      • If I kick a raccoon, have I a committed the crime of battery?
  • 80. Elements of a Crime
      • A battery is any willful and unlawful use of force or violence upon the person of another.
      • If I kick a raccoon, have I a committed the crime of battery?
          • Willful?
          • Unlawful?
          • Force or violence?
          • Another person?
  • 81. Elements of a Crime
      • A battery is any willful and unlawful use of force or violence upon the person of another.
      • If a woman on the street drops her purse and I grab it and run away, have I committed the crime of battery?
  • 82. Elements of a Crime
      • A battery is any willful and unlawful use of force or violence upon the person of another.
      • If a woman on the street drops her purse and I grab it and run away, have I committed the crime of battery?
          • Willful?
          • Unlawful?
          • Force or violence?
          • Another person?
  • 83. Elements of a Crime
      • What must a prosecutor prove to convict someone of a crime?
  • 84. Elements of a Crime
      • What must a prosecutor prove to convict someone of a crime?
      • They must prove the person has committed each and every element of the crime.
  • 85. Elements of a Crime
      • Where are the elements of each crime written down?
  • 86. Elements of a Crime
      • Where are the elements of each crime written down?
      • California Penal Code
      • Battery example
  • 87. Elements of a Crime
    • Almost all crimes have these 4 general elements:
    Conduct Intent Concurrence (Intent & Conduct happened at or near the same time) Causation (Often the “but for” test)
  • 88. Elements of a Crime
    • Most of the time a person’s action is not a crime unless it can also be proved that the person had the mental state of mind, or intent, to commit a crime.
  • 89. Elements of a Crime
    • If you punch someone in the face, is that a crime?
  • 90. Elements of a Crime
    • If you punch someone in the face, is that a crime?
    http://www.youtube.com/watch?v=zgwewDrvivQ
  • 91. Elements of a Crime http://www.youtube.com/watch?v=zgwewDrvivQ Accidents are not crimes
  • 92. Elements of a Crime http://www.youtube.com/watch?v=8vaPRu7fCIE
  • 93. Elements of a Crime
    • If you punch someone in the face, is that a crime?
    November 19, 2004 http://www.youtube.com/watch?v=mz6Hc8ZJG1s
  • 94. Elements of a Crime Accidents are not crimes
  • 95. Elements of a Crime Animals cannot commit crimes
  • 96. Here’s what we’ll learn in this unit:
    • Criminal laws are complicated
    • Types of crimes
    • Elements of a crime
    • Crimes against people
    • Crimes against property
    • Crimes against business interests
    • Defenses to crimes
    • Punishments for crimes
  • 97. Crimes we’ll learn about
    • Crimes against people
    • Crimes against property
    • Crimes against business interests
  • 98. Crimes against people
    • Murder
    • Manslaughter
    • Assault
    • Battery
    • Kidnapping
    • Sex Offenses
  • 99. Unlawful Killing
    • 1 st Degree Murder
      • Intentional
      • Premeditated
      • Evil intent
    • Voluntary Manslaughter
      • Intend to do harm
      • Provoked & fit of rage
      • No evil intent
    • 2 nd Degree Murder
      • Intentional
      • Evil intent
    • Involuntary Manslaughter
      • Unintentional harm
      • No evil intent
  • 100. “ Murder” and “Manslaughter”
  • 101. First-degree Murder
    • Unlawful killing that is both:
      • Willful
      • Premeditated (meaning “planned”, or at least “thought out before the act”)
  • 102. First-degree Murder
    • Unlawful killing that is both:
      • Willful
      • Premeditated (meaning “planned”, or at least “thought out before the act”)
      • Also, any killing during the commission of a felony (such as arson, robbery, residential burglary, rape, or kidnapping)
  • 103. First-degree Murder
    • Jim comes home to find his wife in bed with Matt. Three days later, Jim waits behind a tree near Matt's front door. When Matt comes out of the house, Jim shoots and kills him.
  • 104. First-degree Murder
    • Jim comes home to find his wife in bed with Matt. Three days later, Jim waits behind a tree near Matt's front door. When Matt comes out of the house, Jim shoots and kills him.
    Willful and premeditated
  • 105. Second-degree Murder
    • A killing caused by dangerous conduct and the offender's obvious lack of concern for human life
    • Examples:
    • Driving like a speeding maniac
    • Dropping bowling balls from a highway overpass
  • 106. Second-degree Murder
    • A killing caused by dangerous conduct and the offender's obvious lack of concern for human life
    • OR an intentional killing that is
    • not premeditated
    • not planned
    • not or committed in a reasonable "heat of passion“
  • 107. Second-degree Murder
    • Jim comes home to find his wife in bed with Matt. At a stoplight the next day, Jim sees Matt riding in the passenger seat of a nearby car. Jim pulls out a gun and fires three shots into the car, missing Matt but killing the driver of the car.
  • 108. Second-degree Murder
    • Jim comes home to find his wife in bed with Matt. At a stoplight the next day, Jim sees Matt riding in the passenger seat of a nearby car. Jim pulls out a gun and fires three shots into the car, missing Matt but killing the driver of the car.
    “ A killing caused by dangerous conduct and the offender's obvious lack of concern for human life”
  • 109. Voluntary Manslaughter
    • Intended to cause harm
      • --no prior intent to kill
      • (a killing that occurs in a rage or the " heat of passion .")
  • 110. Voluntary Manslaughter
    • Jim comes home to find his wife in bed with Matt. In the heat of the moment, Jim picks up a golf club from next to the bed and strikes Matt in the head, killing him instantly.
  • 111. Voluntary Manslaughter
    • Jim comes home to find his wife in bed with Matt. In the heat of the moment, Jim picks up a golf club from next to the bed and strikes Matt in the head, killing him instantly.
    Intentional killing in a rage or the “heat of passion”
  • 112. What about this?
    • Jim comes home to find his wife in bed with Matt. Jim leaves the bedroom, goes out into the garage, finds a golf club, takes it back into the house as Matt is coming out of the bedroom and strikes Matt in the head, killing him instantly.
  • 113. What about this?
    • Jim comes home to find his wife in bed with Matt. Jim leaves the bedroom, goes out into the garage, finds a golf club, takes it back into the house as Matt is coming out of the bedroom and strikes Matt in the head, killing him instantly.
    Jim is likely to be charged with first-degree murder.
  • 114. Involuntary Manslaughter
    • Unintentional killing that results from recklessness or criminal negligence.
  • 115. Involuntary Manslaughter
    • Jim comes home to find his wife in bed with Matt. Distraught, Jim heads to a local bar to drown his sorrows. After having five drinks, Jim jumps into his car and drives down the street at twice the posted speed limit, unintentionally hitting and killing a pedestrian.
  • 116. Now, 5 questions…
  • 117.
    • 1. The Los Angeles District Attorney’s Office charged Dr. Conrad Murray with a crime for allegedly administering lethal doses of an anesthetic to Michael Jackson while treating him for insomnia. Did the District Attorney charge Dr. Murray with:
      • First-degree murder
      • Second-degree murder
      • Voluntary manslaughter
      • Involuntary manslaughter
  • 118.
    • 1. The Los Angeles District Attorney’s Office charged Dr. Conrad Murray with a crime for allegedly administering lethal doses of an anesthetic to Michael Jackson while treating him for insomnia. Did the District Attorney charge Dr. Murray with:
      • First-degree murder
      • Second-degree murder
      • Voluntary manslaughter
      • Involuntary manslaughter
    Unintentional killing that results from recklessness or criminal negligence.
  • 119.
    • 2. Snowmobilers broke onto a farmer’s property in the middle of the night and were circling his house again and again. The farmer and his wife woke up. The farmer grabbed his shotgun and shot at the snowmobilers attempting to scare them away. One of the snowmobilers was killed. The farmer was probably charged with:
      • First-degree murder
      • Second-degree murder
      • Voluntary manslaughter
      • Involuntary manslaughter
  • 120.
    • 2. Snowmobilers broke onto a farmer’s property in the middle of the night and were circling his house again and again. The farmer and his wife woke up. The farmer grabbed his shotgun and shot at the snowmobilers attempting to scare them away. One of the snowmobilers was killed. The farmer was probably charged with:
      • First-degree murder
      • Second-degree murder
      • Voluntary manslaughter
      • Involuntary manslaughter
    Intentional killing in a rage.
  • 121.
    • 3. Earl sneaks into a 2-story house with a pistol in his pocket. He is intent on theft and is surprised by the owner of the house, whom Earl knocks down a flight of stairs, killing him. Earl is probably charged with:
      • First-degree murder
      • Second-degree murder
      • Voluntary manslaughter
      • Involuntary manslaughter
  • 122.
    • 3. Earl sneaks into a 2-story house with a pistol in his pocket. He is intent on theft and is surprised by the owner of the house, whom Earl knocks down a flight of stairs, killing him. Earl is probably charged with:
      • First-degree murder
      • Second-degree murder
      • Voluntary manslaughter
      • Involuntary manslaughter
    any killing during the commission of a felony
  • 123.
    • 4. Carl holds up a liquor store with a gun. When an employee comes into the store from the back storeroom, Carl shoots at him. The liquor store clerk shoots at Carl but kills an innocent customer. Carl runs away but is later caught. Carl will probably be charged with:
      • First-degree murder
      • Second-degree murder
      • Voluntary manslaughter
      • Involuntary manslaughter
  • 124.
    • 4. Carl holds up a liquor store with a gun. When an employee comes into the store from the back storeroom, Carl shoots at him. The liquor store clerk shoots at Carl but kills an innocent customer. Carl runs away but is later caught. Carl will probably be charged with:
      • First-degree murder
      • Second-degree murder
      • Voluntary manslaughter
      • Involuntary manslaughter
    any killing during the commission of a felony
  • 125. http://www.youtube.com/watch?v=7UgTlhY8Eqo&NR=1
  • 126.
    • 5. Billy brings a 4-foot 2 × 4 to a fight with Paul. After Billy punches Paul to the ground, he grabs the 2 × 4 and hits Paul in the back. Paul is not moving. Paul dies an hour later in the hospital. Billy will be probably be charged with:
      • First-degree murder
      • Second-degree murder
      • Voluntary manslaughter
      • Involuntary manslaughter
  • 127.
    • 5. Billy brings a 4-foot 2 × 4 to a fight with Paul. After Billy punches Paul to the ground, he grabs the 2 × 4 and hits Paul in the back. Paul is not moving. Paul dies an hour later in the hospital. Billy will be probably be charged with:
      • First-degree murder
      • Second-degree murder
      • Voluntary manslaughter
      • Involuntary manslaughter
    “ A killing caused by dangerous conduct and the offender's obvious lack of concern for human life”
  • 128. Assault
  • 129. Assault
    • Does NOT mean “hitting”
    • Does NOT mean “unwanted touching”
    • Assault has more to do with attempting than it does with attacking
  • 130. Assault
    • Is an unlawful attempt ,
    • coupled with a present ability ,
    • to commit a violent injury on the person of another.
    • (California Penal Code 240)
  • 131. Assault
    • John takes a knife out of his backpack and lunges it toward Nancy in a threatening manner. John says he was “just playing”.
    • Is John guilty of assault?
  • 132. Assault
    • John takes a knife out of his backpack and lunges it toward Nancy in a threatening manner. John says he was “just playing”
    • Is John guilty of assault?
    Assault: An unlawful attempt , coupled with a present ability , to commit a violent injury on the person of another.
  • 133. Assault
    • Carl, an 23-year-old man, says, “I’m going to punch your lights out!” and takes a swing at you but misses.
    • Is Carl guilty of assault?
  • 134. Assault
    • Carl, an 23-year-old man, says, “I’m going to punch your lights out!” and takes a swing at you but misses.
    • Is Carl guilty of assault?
    Assault: An unlawful attempt , coupled with a present ability , to commit a violent injury on the person of another.
  • 135. Assault
    • Peggy, an 98-year-old woman, says, “I’m going to punch your lights out!” and takes a swing at you but misses.
    • Is Peggy guilty of assault?
  • 136. Assault
    • Peggy, an 98-year-old woman, says, “I’m going to punch your lights out!” and takes a swing at you but misses.
    • Is Peggy guilty of assault?
    Assault: An unlawful attempt , coupled with a present ability , to commit a violent injury on the person of another.
  • 137. Assault
    • Maria is mad at her boyfriend, Kevin.
    • She throws her cell phone at him but misses.
    • Is Maria guilty of assault?
  • 138. Assault
    • Maria is mad at her boyfriend, Kevin.
    • She throws her cell phone at him but misses.
    • Is Maria guilty of assault?
    Assault: An unlawful attempt , coupled with a present ability , to commit a violent injury on the person of another.
  • 139. Battery
  • 140. Battery
      • Any willful and unlawful use of force or violence upon the person of another.
  • 141. Battery? http://www.youtube.com/watch?v=pH1EPF5sY_M
  • 142. Battery?
      • Any willful and unlawful use of force or violence upon the person of another.
  • 143. Battery
      • “ Unwanted touching”
      • Need not be “harmful” or “painful”
      • Spitting on someone, for example, is battery
      • Any willful and unlawful use of force or violence upon the person of another.
  • 144. Battery? http://www.youtube.com/watch?v=zrX9Ca7LSyQ
  • 145. Battery? John Stossel, the reporter, who now works for the Fox News Channel, settled a lawsuit out of court with the WWF for $425,000
  • 146. Battery
      • Touching your clothing or anything attached or closely connected to you can be battery
      • Examples:
        • If someone grabs your tie and pulls it, that’s battery
        • If someone kicks your dog while you’re walking it on a leash, that’s battery
        • If someone slaps the coffee cup out of your hand, that’s battery
  • 147. Kidnapping
  • 148. Kidnapping
    • You
    • move another person
    • a substantial distance
    • without that person's consent
    • by using force or fear.
  • 149. Kidnapping
    • Does carjacking involve kidnapping?
  • 150. Kidnapping
    • Does carjacking involve kidnapping?
    • Elements of kidnapping in California:
    • move another person
    • a substantial distance
    • without that person's consent
    • by using force or fear.
  • 151. Kidnapping
    • Does carjacking involve kidnapping?
    Maybe not. If you force the driver out of the driver seat so you can sit there and then you drive away, the victim has not moved “a substantial distance”. No kidnapping.
  • 152. Kidnapping
    • Does carjacking involve kidnapping?
    Maybe. If you jump in the passenger seat, point a gun at the driver and force the driver to drive a substantial distance, this would be kidnapping.
  • 153. Sex Offenses
  • 154. Sex Offenses
    • It is illegal for anyone under 18 years old to have sexual contact with anyone. Period.
    • It is illegal for two people under 18 years old to have sexual contact.
    • California Penal Code: Section 261.5
  • 155. Sex Offenses
    • It is illegal to have sexual contact without mutual consent.
    • People under 18 cannot give consent. Period.
    • Adults who are asleep, or unconscious, or unlawfully restrained, or incapacitated, or institutionalized cannot give consent.
    • California Penal Code: Section 243.4
  • 156. Sex Offenses
    • Sexting is illegal
    • It is illegal to create, possess, or distribute explicit images of a minor.
    • This is considered child pornography.
    • Under current federal sentencing guidelines, you can get up to 10 years in federal prison for a first offense.
  • 157. Here’s what we’ll learn in this unit:
    • Criminal laws are complicated
    • Types of crimes
    • Elements of a crime
    • Crimes against people
    • Crimes against property
    • Crimes against business interests
    • Defenses to crimes
    • Punishments for crimes
  • 158. Crimes against property
    • Theft Crimes
    • Arson
    • Vandalism
  • 159. Theft Crimes
    • Larceny
    • Shoplifting (Petty Theft)
    • Grand Theft
    • Grand Theft Auto
    • Grand Theft Firearm
    • Receipt of Stolen Property
    • Burglary
    • Robbery
    • False Pretenses
    • Embezzlement
    • Identity Theft
  • 160. Larceny
    • Larceny means stealing
    • Taking away someone else’s property without permission
    • Called “theft” in California
    • 2 types of “theft” in California
    • Theft is a “wobbler”
  • 161. Petty Theft (Shoplifting)
    • Stealing anything worth under $950 (with exceptions)
  • 162. Grand Theft
    • Stealing anything worth over $950 (with some exceptions)
    • Grand Theft is a “wobbler”
    http://law.onecle.com/california/penal/487.html
  • 163. Burglary
  • 164. Burglary
    • Burglary does NOT mean stealing
  • 165. Burglary
    • Elements:
    • Enter a structure
    • Intend to commit a crime as you go in.
  • 166. Burglary Do NOT need to break in Do NOT need to take anything
  • 167. Burglary
    • Elements:
    • Enter a structure
    • Intend to commit a crime as you go in.
    (Perhaps this is why burglars do not bring empty bags with them. Empty bags may indicate intent.)
  • 168. Burglary: video 1 of 5 http://www.shouselaw.com/burglary.html
  • 169. Burglary: video 1 of 5 http://www.shouselaw.com/burglary.html If you steal something out of a car, could that be burglary?
  • 170. Burglary: video 2 of 5 http://www.shouselaw.com/burglary.html
  • 171. Burglary: video 2 of 5 http://www.shouselaw.com/burglary.html What mental state is an element of burglary?
  • 172. Burglary: video 3 of 5 http://www.shouselaw.com/burglary.html
  • 173. Burglary Does this picture show one of the elements of burglary?
  • 174. Burglary: video 4 of 5 http://www.shouselaw.com/burglary.html
  • 175. Burglary: video 4 of 5 http://www.shouselaw.com/burglary.html How is burglary different than robbery?
  • 176. Burglary: video 5 of 5 http://www.shouselaw.com/burglary.html
  • 177. Burglary: video 5 of 5 http://www.shouselaw.com/burglary.html How is a Residential Burglary different than a commercial burglary?
  • 178. Robbery
  • 179. Robbery: video 1 of 2 http://www.shouselaw.com/robbery.html
  • 180. Robbery: video 1 of 2 http://www.shouselaw.com/robbery.html CA Penal Code 211: …taking... property in the possession of another …by means of force or fear .
  • 181. Robbery: video 2 of 2 http://www.shouselaw.com/robbery.html
  • 182. Robbery: video 2 of 2 http://www.shouselaw.com/robbery.html Robbery is a “strike” under California’s 3 strikes law (Third strike gets you 25 years to life in prison.)
  • 183. Embezzlement
    • Fraudulent appropriation of property by a person to whom it has been entrusted
    California Penal Code 503
  • 184. Embezzlement
    • Usually an employee stealing from an employer.
    • The employee is trusted with the employer’s property or money and the employee takes the property or money for themselves.
    • A type of theft
  • 185. Embezzlement http://www.youtube.com/watch?v=WfnnGLPevkM
  • 186.
    • Is this cleaning boy guilty of embezzlement?
    http://www.youtube.com/watch?v=wpKSuRsQx2E
  • 187. Embezzlement
    • You rent an apartment that has a stove and refrigerator.
    • You sell the refrigerator.
    • Are you guilty of embezzlement?
  • 188. Embezzlement
    • You rent an apartment that has a stove and refrigerator.
    • You sell the refrigerator.
    • Are you guilty of embezzlement?
    Fraudulent appropriation of property by a person to whom it has been entrusted
  • 189. Arson
  • 190. Arson
    • Willfully and maliciously set fire to or burn or cause to be burned or help in the burning of any structure, forest land, or property.
    "maliciously" it means that you (1) wish to annoy or injure another person, or (2) intentionally commit a wrongful act.
  • 191. Arson
    • Scorching or blackening is not arson
    • Melting a screen door, for example, is not arson
  • 192. Vandalism
  • 193. Vandalism
    • Maliciously commit any of the following acts with respect to any real or personal property not your own…
    • (1) Defaces with graffiti or other inscribed material.
        • (2) Damages.
        • (3) Destroys.
    "maliciously" it means that you (1) wish to annoy or injure another person, or (2) intentionally commit a wrongful act.
  • 194. Vandalism
    • A “wobbler”
    • Less than $400: Misdemeanor
    • More than $400: Felony
  • 195. Vandalism
    • If a husband, married for 24 years and going through a divorce, keys his wife’s car, is he guilty of vandalism?
  • 196. Vandalism
    • If a husband, married for 24 years and going through a divorce, keys his wife’s car, is he guilty of vandalism?
    Maliciously commit any of the following acts with respect to any real or personal property not your own… (1) Defaces with graffiti or other inscribed material. (2) Damages. (3) Destroys.
  • 197. Vandalism
    • If you draw a chalk hopscotch game on the sidewalk in front of your house, are you guilty of vandalism?
  • 198. Vandalism
    • If you draw a chalk hopscotch game on the sidewalk in front of your house, are you guilty of vandalism?
    Maliciously commit any of the following acts with respect to any real or personal property not your own… (1) Defaces with graffiti or other inscribed material. (2) Damages. (3) Destroys.
  • 199. Vandalism
    • If you spill paint on the street, are you guilty of vandalism?
  • 200. Vandalism
    • If you spill paint on the street, are you guilty of vandalism?
    Maliciously commit any of the following acts with respect to any real or personal property not your own… (1) Defaces with graffiti or other inscribed material. (2) Damages. (3) Destroys.
  • 201.
    • If you pour paint on the street,
    • are you guilty of vandalism?
  • 202.
    • If you pour paint on the street,
    • are you guilty of vandalism?
    http://www.trendhunter.com/trends/iepe-rubingh
  • 203. California’s 3 strikes Law
  • 204. California’s 3 strikes Law For repeat offenders
  • 205. California’s 3 strikes Law
    • Mandatory sentence of 25 years to life in prison for repeat offenders.
  • 206. California’s 3 strikes Law
    • Only certain “serious” or “violent” crimes count as a strike.
  • 207. California’s 3 strikes Law
    • Only certain “serious” or “violent” crimes count as a strike.
    Examples :
    • Arson
    • Robbery
    • Carjacking
    • Stealing a gun
    • Shooting at a house or car
    • Residential burglary
    • Selling meth to a minor
    • Felonies with “gang enhancement”
    • Assault on a police officer
  • 208. Here’s what we’ll learn in this unit:
    • Criminal laws are complicated
    • Types of crimes
    • Elements of a crime
    • Crimes against people
    • Crimes against property
    • Crimes against business interests
    • Defenses to crimes
    • Punishments for crimes
  • 209. Crimes against business interests
    • Fraud
    • Forgery
    • Bribery
    • Extortion
  • 210. Fraud “ Criminal trickery”
  • 211. Fraud
    • 5 ELEMENTS:
  • 212. Fraud
    • 5 ELEMENTS:
    • A false representation of fact
  • 213. Fraud
    • 5 ELEMENTS:
    • A false representation of fact
    • Criminal must know it was false
  • 214. Fraud
    • 5 ELEMENTS:
    • A false representation of fact
    • Criminal must know it was false
    • Intent that the statement will be relied on
  • 215. Fraud
    • 5 ELEMENTS:
    • A false representation of fact
    • Criminal must know it was false
    • Intent that the statement will be relied on
    • Victim must rely on the falsehood
  • 216. Fraud
    • 5 ELEMENTS:
    • A false representation of fact
    • Criminal must know it was false
    • Intent that the statement will be relied on
    • Victim must rely on the falsehood
    • Victim must suffer a loss
  • 217. Fraud
    • A Medi-Cal doctor charges the government:
    • for blood tests when no blood samples were drawn
    • for x-rays when none were taken
    • for a dental filling when one was not done
  • 218.
    • Fraud
    Let’s watch a short video that shows a fraud. (The man and the little girl work together to commit a fraud)
  • 219.
    • Fraud
    http://www.youtube.com/watch?v=E2B7ersvsAc Paper Moon (1973)
  • 220. Fraud
    • 5 ELEMENTS:
    • A false representation of fact
    • Criminal must know it was false
    • Intent that the statement will be relied on
    • Victim must rely on the falsehood
    • Victim must suffer a loss
  • 221. Forgery
  • 222. Forgery
    • NOT just signing someone else’s name
  • 223. Forgery
    • Make, alter, corrupt, falsify, or imitate objects, statistics, or documents with the intent to deceive another out of money, an interest in property, and/or other legal rights.
  • 224. Forgery
    • Things that can be “forged”:
    Signatures
  • 225. Forgery
    • Things that can be “forged”:
    Legal documents
  • 226. Forgery
    • Things that can be “forged”:
    Antique furniture
  • 227. Forgery
    • Things that can be “forged”:
  • 228. Forgery
    • Things that can be “forged”:
    Art
  • 229. Forgery
    • Forging money is called “counterfeiting”
  • 230. Forgery
    • Why isn’t a “pen name” a forgery?
  • 231. Forgery
    • Make, alter, corrupt, falsify, or imitate objects, statistics, or documents with the intent to deceive another out of money, an interest in property, and/or other legal rights.
  • 232. Bribery
  • 233. Bribery effort to corruptly influence, by way of money or gift, a public official in the course of that official's work.
  • 234. Bribery Example You give your county supervisor $25,000 to speak for 5 minutes at your investor club’s breakfast meeting. The meeting is really just two guys at the IHOP. He later votes to approve your apartment building plans.
  • 235. Bribery Example Your mafia family friends give the prosecutor’s wife $500,000. The prosecutor then drops all charges against you.
  • 236. Extortion or “Blackmail”
  • 237. Extortion or “Blackmail”
  • 238. Extortion or “Blackmail” using force or threats to compel another to give you money or other property, or to compel a public officer to perform an official act
  • 239. Extortion Nice new restaurant you have here. It’d be a shame if it caught on fire. If you pay me $100 a week, I can make sure that doesn’t happen.
  • 240. Extortion I have photos of you that you don’t want everyone to see. If you pay me $100,000 I won’t send them to the National Enquirer.
  • 241. Extortion A friend of mine is scheduled to testify against you in court. If you pay me $107,000 I will have my friend lie for you at your trial. Alfred Nash Villalobos (Lake Tahoe) http://www.sacbee.com/2011/09/01/3878114/villalobos-son-convicted-on-extortion.html
  • 242. Extortion If you give me $3,000 I’ll help get a law through the State Senate that will help your shrimp company. http://articles.latimes.com/1990-02-03/news/mn-1029_1_corruption-charges CA State Senator Joseph B. Montoya
  • 243. Crimes against business interests
    • Fraud
    • Forgery
    • Bribery
    • Extortion
  • 244. Here’s what we’ll learn in this unit:
    • Criminal laws are complicated
    • Types of crimes
    • Elements of a crime
    • Crimes against people
    • Crimes against property
    • Crimes against business interests
    • Defenses to crimes
    • Punishments for crimes
  • 245. Defenses to Crime
    • I didn’t do it!
    • It was an accident (not a crime)
    • Self-Defense
    • Defense of Others
    • Entrapment
    • Insanity
  • 246. I didn’t do it!
  • 247. It was an accident! http://www.youtube.com/watch?v=MlejVWUE1fM
  • 248. Self-Defense
  • 249. Self-Defense
    • You committed an act that normally would be a criminal act
    • Examples:
      • You killed someone
      • You cut someone
      • You hit someone
  • 250. Self-Defense
    • Your act is lawful if you meet these 3 criteria :
      • You reasonably believe that you are in imminent danger of being killed, seriously injured, or unlawfully touched
      • You believe that immediate force is necessary to prevent that danger
      • You use no more force than necessary to defend against that danger
  • 251. Self-Defense
    • Your act is lawful if you meet these 3 criteria :
      • You reasonably believe that you are in imminent danger of being killed, seriously injured, or unlawfully touched
  • 252. Self-Defense
    • Your act is lawful if you meet these 3 criteria:
      • You believe that immediate force is necessary to prevent that danger
      • (In California, you are not required to attempt to retreat like in other states; in California, you are allowed to “stand your ground”)
  • 253. Self-Defense
    • Your act is lawful if you meet these 3 criteria:
      • You use no more force than necessary to defend against that danger
  • 254. Self-Defense
    • Your act is lawful if you meet these 3 criteria:
      • You use no more force than necessary to defend against that danger
      • Example: if your attacker is using his bare hands, you cannot shoot him with a gun in self defense (of course, there are always exceptions).
  • 255. Self-Defense
    • 3 criteria :
      • You reasonably believe that you are in imminent danger of being killed, seriously injured, or unlawfully touched
      • You believe that immediate force is necessary to prevent that danger
      • You use no more force than necessary to defend against that danger
  • 256. http://www.youtube.com/watch?v=ixYqD4q9mDM
  • 257. http://www.youtube.com/watch?v=KoopTek6Gi0&NR=1
  • 258. NOT Self-Defense
    • Korean store owners during the Rodney King riots in LA, April 1992.
    http://www.youtube.com/watch?v=lUaoil0wsyU
  • 259. NOT Self-Defense
    • You cannot shoot someone who is running away from you.
    http://www.youtube.com/watch?v=8qWFhDvURLg
  • 260. Defense of Others
  • 261. Defense of Others
    • Just like self defense
    • You committed an act that normally would be a criminal act
    • Examples:
      • You killed someone
      • You cut someone
      • You hit someone
  • 262. Defense of Others
      • You reasonably believe that someone else is in imminent danger of being killed, seriously injured, or unlawfully touched
      • You believe that immediate force is necessary to prevent that danger
      • You use no more force than necessary to defend against that danger
  • 263.
    • Now let’s watch a scene in the stands of the US Open (tennis) from two vantage points…
    • We’ll look for:
    • Battery
    • Self-defense
    • Defense of Others
  • 264. http://www.youtube.com/watch?v=E19D_-h9MIo
  • 265. http://www.youtube.com/watch?v=rPelP6HG7ig
  • 266. Entrapment
  • 267. Entrapment
    • You committed an act that normally would be a criminal act
    • Examples:
      • You bought marijuana
      • You stole something
      • You helped plan a terrorist attack
  • 268. Entrapment
    • Your act may be excused if you can prove that the police pressured you into doing something a reasonable law-abiding person would not do.
    • That’s “entrapment”
  • 269. Entrapment
    • Has to do with the law enforcement officer’s conduct, not yours.
  • 270. Entrapment
    • Does not mean the police were “sneaky”. Police can be sneaky.
    • Does not mean the police left “bait”. Police can leave bait.
    • Does not mean the police lied. Police can lie (with exceptions)
  • 271. Entrapment
    • Means that the police:
    • Repeatedly pressured you to commit the crime.
    • Used threats
    • Repeatedly harassed you
    • Told you the act was legal
  • 272. http://www.youtube.com/watch?v=pHAqoWQFOvc 4:27
  • 273. Entrapment? Newburgh Four
  • 274. http://www.youtube.com/watch?v=lmzq81vYzDM
  • 275. Entrapment? Crosswalk sting operations
  • 276. Insanity
  • 277. Insanity
    • Plead “Not guilty by reason of insanity”
  • 278. Insanity
    • Defense must prove 2 things:
    “ Act prong” OR “ Wrongfulness prong” “ Mental Defect prong”
  • 279. Insanity: Act prong
    • Defense must prove:
      • Defendant was “ incapable of knowing or understanding the nature or quality of his or her act ”
      • “ knowing or understanding” means “aware”
      • Squeezing lemon test
      • Usually not a proven prong
  • 280. Insanity: Wrongfulness prong
    • Defense must prove:
      • Defendant was “ incapable of distinguishing right from wrong at the time of the commission of the offense ”
      • What does “wrong” mean?
  • 281. Insanity: Wrongfulness prong
    • Defense must prove:
      • Defendant was “ incapable of distinguishing right from wrong at the time of the commission of the offense ”
      • What does “wrong” mean?
        • Legally wrong
        • Morally wrong
  • 282. Insanity: Wrongfulness prong
      • Legally wrong (unlawful act)
        • Defendant knew his act was unlawful
        • Example: He knew that killing his wife was unlawful, that’s why he hid her body in the bushes
        • BUT, just because you know something is unlawful doesn’t mean you know it’s “wrong”
  • 283. Insanity: Wrongfulness prong
      • Morally wrong:
    • A defendant who is incapable of understanding that his act is morally wrong is not criminally liable merely because he knows the act is [legally] wrongful .
  • 284. Insanity: Wrongfulness prong
      • Morally wrong:
    • A defendant who is incapable of understanding that his act is morally wrong is not criminally liable merely because he knows the act is [legally] wrongful .
    • Example: A person who murders an abortion doctor may not understand that his action is morally wrong.
  • 285. Insanity: Mental Defect Prong
    • Defendant incapable by reason of mental disease or defect (MDOD).
      • MDOD must be “settled” (being drunk or high does not change you into insane)
      • MDOD must be at least in part organic
      • Organic MDOD cannot be caused by voluntary intoxicants
  • 286. Insanity
    • Defense must prove 2 things:
    “ Act prong” OR “ Wrongfulness prong” “ Mental Defect prong”
  • 287. Here’s what we’ll learn in this unit:
    • Criminal laws are complicated
    • Types of crimes
    • Elements of a crime
    • Crimes against people
    • Crimes against property
    • Crimes against business interests
    • Defenses to crimes
    • Punishments for crimes
  • 288. Punishment for Crimes
    • Counseling/Training
    • Restitution
    • Community service
    • Probation
    • Fines
    • Imprisonment
    • Death
  • 289.
    • Assault: http://injury.findlaw.com/assault-and-battery/elements-of-assault.html
    • Sexting: https://apps.cla.umn.edu/timedig/webs/14/pages/1257
    • A delusion is a systemic belief not shared by most other persons.