BUS 115 Chap005 criminal law


Published on

Published in: Business
  • Be the first to comment

  • Be the first to like this

No Downloads
Total views
On SlideShare
From Embeds
Number of Embeds
Embeds 0
No embeds

No notes for slide
  • Aggravating circumstances are those that involve offenses so appalling that the death penalty is clearly warranted. In most jurisdictions the list of aggravating circumstances looks like this: (a) the assassination of the president, the vice-president, the governor or the lieutenant governor of the state; (b) a murder for hire; (c) a murder committed to escape detection, apprehension, trial, or punishment; (d) a murder committed while the offender was in detention; (e) a murder by a convicted murderer; (f) a murder of a law enforcement officer; (g) a murder of a witness against the offender; (h)a murder of a child under thirteen years of age; or (i) a murder during the commission of a felony.
  • BUS 115 Chap005 criminal law

    1. 1. Chapter 5 Criminal Law 5-1
    2. 2. Definition and Classes of Crimes • A crime – an offense against the public at large. • The primary objectives of criminal law are to: – protect the public at large – preserve harmony and stability within society – discourage future disruptive conduct. 5-4
    3. 3. Prosecutions and Lawsuits • A single act can be both a crime and a tort • The standard of proof required in a criminal case differs from that required in a tort case – “Beyond a reasonable doubt” vs. – “A preponderance of evidence” 5-5
    4. 4. Victim’s Rights • Victim’s rights – include notice to the victim that an offender has been arrested – the name of the criminal defendant, the defendant’s eligibility for pretrial release – the telephone number of the law enforcement agency responsible for the defendant – the date, time, and place of the defendant’s release 5-6
    5. 5. Federal Criminal Law • The federal government has no express power in the Constitution that allows it to enact criminal law statutes or establish a national police force • Does so by invoking powers, creatively interpreted, given to Congress in Article I Section 8 (commerce clause) • FBI, attorney general 5-7
    6. 6. Classes of Crimes • Felony – Punishable by death or imprisonment in a federal or a state prison for a term exceeding one year, or sometimes by fines – Manslaughter, armed robbery, arson • Misdemeanor – Less serious crime, generally punishable by fines or a prison sentence of not more than one year – Traffic violations and building code violations 5-8
    7. 7. Elements of a Crime • A Criminal Act (actus reus) – Omissions and Refusals to Act – Involuntary Movement or Behavior • The Required State of Mind (mens rea) – Purpose – Recklessness – Knowledge – Negligence 5-9
    8. 8. Criminal acts • People v. Decina (New York, 1956) – Man who knew he had epilepsy drove and had a seizure, killing people on the sidewalk – Court convicted, saying he knew of the risk when he decided to drive—that act was voluntary – Rule: if there is a voluntary action that makes an involuntary action foreseeable, then satisfies preference for voluntary action and criminal liability lies. 5-10
    9. 9. Involuntary acts • People v. Newton (CA, 1970) – Newton in altercation with police – Police shoot Newton in abdomen – Newton then shoots and kills police officer, but claims no recollection of that, saying he went unconscious after being shot in the abdomen – Court finds unconsciousness to be a complete defense 5-11
    10. 10. Omissions • To convict someone of not acting when they should, must prove they had a legal duty to act • Pope v State (Maryland, 1979) – Woman took in mother and child, then watched as mother beat infant to death – Court found no duty to care for child because mother was present, cannot prosecute Good Samaritan – Cannot punish for failure to fulfill moral obligation 5-12
    11. 11. The Required State of Mind Purpose individuals intend to cause the result that in fact occurs Knowledge people act with an awareness that a particular result will probably occur 5-13
    12. 12. The Required State of Mind Recklessness involves a perverse disregard of a known risk of negative consequences Negligence people fail to see the possible negative consequences of their actions Defendant not aware of risk, but should be Strict liability – some crimes, no means rea required (e.g. speeding) 5-14
    13. 13. The Matter of Motive • Motive – Reason for committing a crime – May be used to strengthen a case, but not necessary for criminal conviction 5-15
    14. 14. The Matter of Corporate Liability • Corporations do not have mental states, let alone mental states that can demonstrate criminal liability. • Respondeat superior (vicarious liability) – courts decided that a corporation could be declared criminally responsible if one of its employees committed a crime while on the job, working for the benefit of the corporation. 5-16
    15. 15. Purposes of Punishment • • • • • • • Deterrence/Prevention Incapacitation/Restraint Retribution Rehabilitation Reparation Social Cohesion Education 5-17
    16. 16. The Matter of Punishment • The use of the death penalty in criminal cases has been subject to a series of controls designed to limit the imposition of this punishment to those cases in which the criminal defendant truly deserves to be put to death. • Safeguards come in the form of aggravating and mitigating circumstances, which must be taken into consideration by the court at the time of sentencing. 5-18
    17. 17. Crimes Against People • Homicide – Any killing of one human by another – 1st degree – Murder • premeditation, cruelty, while committing a major crime – 2nd degree – Manslaughter • Voluntary – heat of passion, extreme states of mind, adequate provocation, no cooling off period • Involuntary - reckless or gross negligence Murder in NC defined 5-19
    18. 18. Homocide • Commonwealth v. Carroll (Pennsylvania, 1963, P396) – Plaintiff convicted of 1st degree murder for shooting wife, while she was lying in bed, after long night of arguing and troubled marriage. Appeals on grounds that too short a time to form intent. – Rule- Court says that shooting twice at point blank falls under “intent to kill;” all you need for deliberation and premeditation is formation of intent to kill; no time too short 5-20
    19. 19. Homocide • State v. Guthrie (West Virginia, 1995) – Plaintiff, who is mentally unstable, being teased at restaurant by coworker – Plaintiff suddenly pulls out knife and stabs coworker, killing him – Court rules must be evidence that plaintiff considered and weighed decision to kill before fulfilling premeditation and deliberation requirements of 1st degree murder 5-21
    20. 20. Crimes Against People • Battery – Unlawful touching of another person • Assault – An attempt to commit a battery • Simple – usually misdemeanor • Aggravated – usually felony In NC assault loosely defined to include battery Assaults in NC 5-22
    21. 21. Crimes Against People • Kidnapping – The unlawful abduction of an individual against that person’s will – False imprisonment + removal of victim to another place • Hate speech* – Use of certain symbols, writings, and speech intended to provoke outrage or fear on the basis of race, religion, color, or gender – Difficult to legislate or enforce 5-23
    22. 22. Crimes Against Property • Burglary – break-in of a dwelling or other building for the purpose of carrying out a felony • Larceny – taking and carrying away the personal property of another without the right to do so – Petty, Grand (distinctions between the two abolished in NC) • Robbery – The act of taking personal property, including money, from the possession of another against that person’s will, in that person’s presence, and under threat to do great bodily harm or damage 5-24
    23. 23. Crimes Against Property • Arson – the willful and malicious act of causing the burning of another’s property • Extortion – taking another’s property with consent when such consent is coerced by threat to injure the victim’s person, property, or reputation – blackmail 5-25
    24. 24. Crimes Involving Business • Larceny by false pretenses – The taking of someone’s money or property by intentionally deceiving that person – False statements must be designed to mislead and must induce victim to rely on them • Embezzlement – Wrongfully taking property entrusted to one’s care 5-26
    25. 25. Crimes Involving Business • Bribery – A corrupt agreement induced by an offer of reward – Offering, giving, receiving, or soliciting of something valuable to influence official action or discharge of public duty • Forgery – The false making or changing of a writing with the intent to defraud • Criminal simulation – involves the alteration or falsification of an object or a document with intent to defraud. (art, antiques) 5-27
    26. 26. Crimes Involving Business • Defrauding creditors – makes it a crime to remove, hide, destroy, give away, or transfer any person’s property with the intent to defraud creditors. – also criminal to hide, misrepresent, or refuse to disclose information about the existence, amount, or location of a person’s property 5-28
    27. 27. Crimes Involving Business • Racketeer Influenced and Corrupt Organizations (RICO) Act (1970) – Conducting a legitimate business with the funds acquired from a “pattern of racketeering activities” can give rise to criminal liability – Original purpose was to destroy the mafia – Some feel RICO has been exploited to seek civil damages 5-29
    28. 28. Crimes Against Justice • Bribery – involves offering, promising, or actually giving something of value to a public official with the goal of influencing that official in the discharge of his public duties • Theft in Office • Dereliction of Duty – An officer’s failure to carry out his/her lawful duties (law enforcement officers and public servants) 5-30
    29. 29. Crimes Against Justice • Crime of intimidation – outlaws threats of harm to the person or property of a public servant, party official, or witness with the intention of coercing that individual into some violation of his public duty • Obstruction of justice – to include any activity designed to prevent the discovery, apprehension, arrest, prosecution, conviction, or punishment of a criminal defendant. 5-31
    30. 30. Crimes Against Justice • Resisting arrest – interfering in the lawful arrest of a criminal defendant • Perjury – making a false statement under oath • Tampering with evidence 5-32
    31. 31. Crimes Committed with a Computer • Cyberextortion – Hacker gains access to the computer records of an institution and discovers some sort of dirt on the company – Threatens to expose the information unless he/she is rewarded • Cybertrespass – the process of gaining access to a computer with the intent to commit a crime 5-33
    32. 32. Crimes Committed with a Computer • Cyberstalking – involves targeting individuals for exploitation using their computer connections • Cyberspoofing – an electronic criminal must falsely adopt the identity of another computer user or create a false identity on a computer Web site to commit fraud 5-34
    33. 33. Crimes Committed with a Computer • Cyberassualt – can involve using social media to threaten to inflict immediate and severe bodily harm on the target victim – can also mean a direct attack on a computer system with the intent to disrupt that system. • Cyberbullying – involves intentional, aggressive, upsetting activities by a single individual or a group of individuals aimed at destroying the mental well-being of a peer. 5-35
    34. 34. Crimes Committed with a Computer • Phishing – involves sending out phony e-mails that solicit buyers and, in the process, obtain credit card information, account numbers, PINs, account balances, and so on. • Spear phishing – When the e-mail has been customized to such an extent that the recipient believes the e-mail comes from a co-worker, a friend, or a relative 5-36
    35. 35. Crimes Committed with a Computer • Smishing – links SMS (short message service) texting with phishing. • Vishing – connects phishing to voice messaging 5-37
    36. 36. Crimes that Target Computers • Cyberterrorism – using a computer to disrupt or destroy one of the critical elements of the nation’s electronic infrastructure • Identity theft – a perpetrator steals credit card information, financial data, access codes, passwords, or debit card information and then passes himself or herself off as the victim 5-38
    37. 37. Crimes that Target Computers • Cybervandalism – e-vandals attack a computer system so that a Web site is completely destroyed or paralyzed to the extent that legitimate business can no longer be conducted on that site • Cyber germ warfare – criminals use viruses to attack a computer system 5-39
    38. 38. Federal E-Crime Legislation • The Computer Fraud and Abuse Act • The Electronic Communications Privacy Act • The Communications Assistance for Law Enforcement Act • The Economic Espionage Act • The National Stolen Property Act • The Identity Theft and Assumption deterrence Act • The CAN SPAM Act 5-40
    39. 39. The Global Cybercrisis • Internet Crime Complaint Center (IC3) – handles complaints involving cybercrimes such as hacking, trade secret infringement, identity theft, cyberextortion, and internet fraud. 5-41
    40. 40. Defenses to Criminal Liability • The Insanity Defense – Competency to Stand Trial • Understand the nature and purpose of charges against them • Capable of aiding their attorneys in their defense 5-43
    41. 41. Defenses to Criminal Liability • Insanity Defense – Not Guilty by Reason of Insanity (NGRI) • M’Naughten Rule – Didn’t know nature of crime or didn’t know it was wrong • Irresistible impulse test – Compelled by mental state or unable to know right from wrong • American law institute test – Lacks substantial capacity to understand criminality or to conform to law 5-44
    42. 42. Defenses to Criminal Liability • Entrapment – If a law enforcement officer induces a law-abiding citizen to commit a crime – Must show that crime would not have occurred if not for the inducement of the officer 5-45
    43. 43. Defenses to Criminal Liability • Justifiable Force – Self-defense • Must have good reason to believe they are in serious danger • Must show they didn’t start the altercation • Must not use more force than necessary – Defense of others • Rescuer must have good reason to believe the victim is in danger of severe injury or death 5-46
    44. 44. NC “Castle law” • § 14-51.1. – repealed in 2011 and updated with 14-51.2 • (f) A lawful occupant within his or her home, motor vehicle, or workplace does not have a duty to retreat from an intruder in the circumstances described in this section. 5-47
    45. 45. Defenses to Criminal Liability • Justifiable Force (cont.) – Battered spouse syndrome • Abused spouse believes that the only way to escape death or severe injury is to use force against the tormentor • Controversial 5-48
    46. 46. Defenses to Criminal Liability • Mistake – The mistake must destroy one of the elements necessary to the particular crime – Must be based on reasonable belief – Must destroy criminal nature of the act in the mind of the accused 5-49
    47. 47. Question? What is the unlawful abduction of an individual against that person’s will? A. Kidnapping B. Burglary C. Arson D. Robbery 5-50
    48. 48. Question? When people act with an awareness that a particular result will probably occur it is known as ___________. A. Purpose B. Knowledge C. Recklessness D. Negligence 5-51
    49. 49. Question? What is a crime punishable by death or imprisonment in a federal or a state prison? A. Misdemeanor B. Felony C. Code violation D. Embezzlement 5-52
    50. 50. Question? What is the false making or changing of a writing with the intent to defraud? A. Larceny by false pretenses B. Embezzlement C. Bribery D. Forgery 5-53
    51. 51. Question? If a law enforcement officer induces a law-abiding citizen to commit a crime it is called __________. A. Insanity B. Mistake C. Entrapment D. Justifiable force 5-54
    52. 52. Question? What is a wrongdoer’s reason for committing a crime? A. Negligence B. Intention C. Purpose D. Motive 5-55