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  • CHAPTER 5 05/19/11
  • CHAPTER 5 05/19/11
  • CHAPTER 5 05/19/11 The answer is normally no. Mere thoughts do not constitute criminal activity.
  • CHAPTER 5 05/19/11
  • CHAPTER 5 05/19/11 Has a crime occurred? Yes! Ronald acted when he requested someone else to help commit a crime.
  • CHAPTER 5 05/19/11
  • CHAPTER 5 05/19/11
  • CHAPTER 5 05/19/11 Has Ronald committed another crime? Has Jarold committed a crime? Yes, both Ronald and Jarold are guilty of a crime of conspiracy. A criminal conspiracy exist when two or more person have joined to do an illegal act. Once an act of preparation, such as purchasing a gun has been performed, then the agreement to commit a crime has become a criminal conspiracy.
  • CHAPTER 5 05/19/11
  • CHAPTER 5 05/19/11 What elements must be present before Davis could be convicted of a crime? Duty, act or omission, criminal intent State statutes describe duty! How is duty established at trial? Prosecution cites a statute to the judge. Did Davis violate her duty? Criminal intent is what? How would the lawyers establish criminal intent for the Davis case?
  • CHAPTER 5 05/19/11
  • CHAPTER 5 05/19/11
  • CHAPTER 5 05/19/11
  • CHAPTER 5 05/19/11
  • CHAPTER 5 05/19/11
  • CHAPTER 5 05/19/11
  • CHAPTER 5 05/19/11
  • CHAPTER 5 05/19/11
  • CHAPTER 5 05/19/11 In most circumstances, Michelle does have a defense against a homicide charge. Michelle had genuine and reasonable fear of immediate great bodily harm. Self-defense is the right to protect oneself from the criminal conduct of others. Deadly force is that force likely to result in death or serious harm. Deadly force can be used to defend oneself if: •Reasonable belief that death or serious bodily harm will result. •The attacker is using unlawful force. •The victim did not begin or cause the attack.
  • CHAPTER 5 05/19/11
  • CHAPTER 5 05/19/11
  • CHAPTER 5 05/19/11
  • CHAPTER 5 05/19/11
  • CHAPTER 5 05/19/11
  • CHAPTER 5 05/19/11
  • CHAPTER 5 05/19/11
  • CHAPTER 5 05/19/11 Infancy --A person who has not reached the legal age of majority may be able to use this defense. Intoxication --When a person has taken an amount of drugs or alcohol to the extent that they are incapable of have the necessary state of mind for performing a crime. Insanity --A person suffering from mental illness is probably not capable of state of mind to commit a crime. Entrapment --suggesting to another that he/she commit a crime while encouraging that person to do so. •Example: police undercover Mistake --Mistaken idea of what the law is do not normally constitute valid defenses to a criminal responsibility. However it may sometimes. Consent --when one person gives permission to commit a crime. This does not give provide a legal defense for some crimes: •Examples: Selling drugs, Euthanasia Duress --Wrongful threat that causes one person to perform an act that he/she would not otherwise have performed. Self-Defense --The right to protect oneself from the criminal conduct of others.
  • CHAPTER 5 05/19/11
  • CHAPTER 5 05/19/11 Are you guilty of a crime? NO. You engaged in the illegal act only under extreme duress--the threat of losing your life if you did not do what the thug told you to do. Could duress be a defense if the thug gave you a knife and told you to kill the manager? No, taking the life of another under the threat of your own life is not legally justified.
  • CHAPTER 5 05/19/11 Angie will be charged as a principal with armed robbery. A possible defense is that she was coerced by her boyfriend. Betty will be charged as an accomplice and charged with the same crime. Carla may be charged with the same crime as an accomplice. Her defense will be she had no knowledge of the incident. She can be charge as an accessory after the fact for aiding and abetting Angie and Betty. Zeke can be charged as an accessory before the fact for ordering Angie to go out and commit a crime. He would face the same charges as the principal, Angie. His defense could be that he never gave Angie any specific instructions to commit a criminal act, he thought she was just going to the bank.
  • CHAPTER 5 05/19/11 Statute of Limitations places a time limit on the time period during which the state can prosecute a crime. If the state does not prosecute within the Statute of Limitations the opportunity to prosecute is lost. The time limits vary from state to state for different crimes. What reasons are there to have a statute of limitations? •The threat that people may feel that they will be prosecuted. •Avoid prosecutors from delaying One crime has no statute of limitations, any guesses? •Murder
  • Chap05

    1. 1. Criminal Law <ul><li>Define the elements present in all crimes </li></ul><ul><li>Describe crimes that commonly occur in the business environment </li></ul>LESSON 5-1
    2. 2. WHAT ARE CRIMES? <ul><li>A crime is a punishable offense against society! </li></ul><ul><ul><li>Elements of a crime </li></ul></ul><ul><ul><li>Criminal conduct </li></ul></ul>
    3. 3. You are the Judge!! <ul><li>Ronald Shocker has been planning to murder his rich father to inherit his money. For over nine months, he has been developing and refining an elaborate scheme to commit murder. He has not yet done anything. Is he nonetheless guilty of a crime? </li></ul>
    4. 4. ELEMENTS OF A CRIME <ul><li>Duty – Requirement to do or not do a certain thing </li></ul><ul><li>Violation of the duty – The specific conduct that violates the duty </li></ul><ul><li>Criminal intent </li></ul><ul><ul><li>Intended to commit the act </li></ul></ul><ul><ul><li>Intended to do evil </li></ul></ul>
    5. 5. You are the Judge!! <ul><li>Ronald Shocker now decides to translate his plan to murder his rich father into action. He asks and encourages his friend, Jarold Becker, to help him. So far no true action has occurred--Ronald’s father is alive. There has not even been an attempt on his life. Has a crime occurred? </li></ul>
    6. 6. CRIMINAL CONDUCT <ul><li>Criminal conduct may be classified as follows: </li></ul><ul><li>Crimes against a person </li></ul><ul><li>Crimes against property </li></ul><ul><li>Crimes against the government and administration of justice </li></ul><ul><li>Crimes against public peace and order </li></ul><ul><li>Crimes against realty </li></ul><ul><li>Crimes against consumers </li></ul><ul><li>Crimes against decency </li></ul>
    7. 7. EXAMPLES OF CRIMES AGAINST A PERSON <ul><li>Assault and battery </li></ul><ul><li>Kidnapping </li></ul><ul><li>Murder </li></ul><ul><li>Rape </li></ul>
    8. 8. You be the Judge <ul><li>Jarold has decided to work with Ronald in eliminating Ronald’s father. Furthering the plan, Jarold purchases a gun and ammo. He begins to follow Ronald’s father. They also go to the practice range each day to improve their gun skills. Has Ronald committed another crime? Has Jarold committed a crime? </li></ul>
    9. 9. EXAMPLES OF CRIMES AGAINST PROPERTY <ul><li>Embezzlement </li></ul><ul><li>Theft </li></ul><ul><li>Robbery </li></ul>
    10. 10. You be the Judge!! <ul><li>Davis, the accountant of the Dell Norte Credit Union, cleverly juggled the company records over a period of years. During that time, she took at least $35,000 belonging to the credit union. When the theft was discovered by outside auditors, Davis repaid the money with interest. Has she committed a crime despite the repayment? </li></ul>
    11. 11. EXAMPLES OF CRIMES AGAINST THE GOVERNMENT AND ADMINISTRATION OF JUSTICE <ul><li>Perjury </li></ul><ul><li>Tax evasion </li></ul><ul><li>Treason </li></ul>
    12. 12. EXAMPLES OF CRIMES AGAINST PUBLIC PEACE AND ORDER <ul><li>Disorderly conduct </li></ul><ul><li>Illegal speeding </li></ul><ul><li>Rioting </li></ul>
    13. 13. EXAMPLES OF CRIMES AGAINST REALTY <ul><li>Arson </li></ul><ul><li>Burglary </li></ul><ul><li>Criminal trespass </li></ul>
    14. 14. EXAMPLES OF CRIMES AGAINST CONSUMERS <ul><li>Fraudulent sale of securities </li></ul><ul><li>Violation of pure food and drug laws </li></ul>
    15. 15. EXAMPLES OF CRIMES AGAINST DECENCY <ul><li>Bigamy </li></ul><ul><li>Obscenity </li></ul><ul><li>Prostitution </li></ul>
    16. 16. You be the Judge!! <ul><li>Ronald Shocker chases his father into the street intending to assault him. His father is struck and killed by a car. </li></ul><ul><li>Should Ronald Shocker be convicted of murder? </li></ul><ul><li>Is Ronald Shocker responsible for his fathers death? </li></ul>
    17. 17. CLASSIFICATION OF CRIMES <ul><li>Felony </li></ul><ul><li>Misdemeanor </li></ul>
    18. 18. FELONY <ul><li>A felony is 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—or even death. </li></ul>
    19. 19. EXAMPLES OF FELONIES <ul><li>Arson </li></ul><ul><li>Burglary </li></ul><ul><li>Embezzlement </li></ul><ul><li>Forgery </li></ul><ul><li>Kidnapping </li></ul><ul><li>Murder </li></ul><ul><li>Perjury </li></ul><ul><li>Rape </li></ul><ul><li>Robbery </li></ul><ul><li>Theft of large sums </li></ul>
    20. 20. You be the Judge!! <ul><li>Sean and Michelle where sitting at home when a door flung open. Butch stood at the door, carving knife in one hand and beer bottle in the other. Michelle grabbed her fathers pistol from a desk and aimed it at Butch. Butch lunged towards Michelle. Michelle pulled the trigger and killed Butch with one shot. Does Michelle have a defense? </li></ul>
    21. 21. MISDEMEANOR <ul><li>A misdemeanor is a less serious crime. It is usually punishable by confinement in a county or city jail for less than one year, by fine, or both. </li></ul><ul><li>Examples of misdemeanors include disorderly conduct and speeding </li></ul>
    22. 22. INFRACTION <ul><li>Some states classify lesser misdemeanors as infractions. </li></ul><ul><li>A person convicted of an infraction can only be fined. </li></ul><ul><li>Because there is not risk of being jailed, the defendant is not entitled to a jury trial. </li></ul><ul><li>Examples include littering and parking violations. </li></ul>
    23. 23. BUSINESS-RELATED CRIMES <ul><li>Larceny </li></ul><ul><li>Receiving stolen property </li></ul><ul><li>False pretenses </li></ul><ul><li>Forgery </li></ul><ul><li>Bribery </li></ul><ul><li>Computer crime </li></ul><ul><li>Extortion </li></ul><ul><li>Conspiracy </li></ul><ul><li>Arson </li></ul>
    24. 24. Criminal Procedure <ul><li>Know the rights a person has when arrested </li></ul><ul><li>Recognize a person’s potential criminal liability for the actions of others </li></ul><ul><li>Understand the justifiability of the common defenses to criminal charges </li></ul>LESSON 5-2
    25. 25. RIGHTS AND RESPONSIBILITIES <ul><li>Rights when arrested </li></ul><ul><ul><li>Due process </li></ul></ul><ul><ul><li>Representation by a lawyer </li></ul></ul><ul><li>Responsibility for the criminal conduct of others </li></ul>
    26. 26. DEFENSES TO CRIMINAL CHARGES <ul><li>Procedural defenses </li></ul><ul><li>Substantive defenses </li></ul>
    27. 27. PUNISHMENTS FOR CRIMES <ul><li>A penalty provided by law and imposed by a court is called a punishment . </li></ul><ul><li>The purpose is not to remedy the wrong but rather to discipline the wrongdoer. </li></ul>
    28. 28. Defenses to Criminal Behavior <ul><li>Infancy </li></ul><ul><li>Intoxication </li></ul><ul><li>Insanity </li></ul><ul><li>Entrapment </li></ul><ul><li>Mistake </li></ul><ul><li>Consent </li></ul><ul><li>Duress </li></ul><ul><li>Self-Defense </li></ul>
    29. 29. PLEA BARGAINING <ul><li>Plea bargaining is when an accused person agrees to plead guilty to a less serious crime in exchange for having a more serious charge dropped. </li></ul><ul><li>When plea bargaining the accused gives up the right to a public trial to avoid the risk of greater penalty if convicted. </li></ul>
    30. 30. You are the Judge!! <ul><li>One night you are walking down the street after a movie. A thug grabs you and holds a gun to your throat. He forces you to walk with him to a jewelry store. With a gun still to your throat, he gives you a hammer and makes you break the glass window case and give him a diamond necklace. He then runs away. Are you guilty of a crime? </li></ul>
    31. 31. You be the Judge!! <ul><li>Angie’s boyfriend, Zeke, a drug addict, sent Angie out on her usual mission to get money so he could support his habit. She picked up her partner, Betty along with Betty’s cousin, Carla. While shopping in clothing store, Angie pointed a gun at the cashier demanding money, while Betty kept a look out. Carla was busy trying on clothes, unaware of what was happening. Driving home, the three heard a news report giving their descriptions and detailing what had just occurred. Carla offered to let them stay at her place until it was safe to come back to town. </li></ul><ul><li>Who is Guilty of what crimes? </li></ul>
    32. 32. You be the Judge!! <ul><li>At a ski resort, at the base of the mountain and on top, there are often hundreds of pairs of skis. Sometimes someone puts on someone else’s skis. By coincidence, they match identically to yours. Do we have crime here? </li></ul>