CHAPTER 5
5-1 Criminal Law
5-2 Criminal Procedure
Chapter 5 Slide 1
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Chapter 5 Slide 2
LESSON 5-1
 Define the elements present in all crimes
 Describe crimes that commonly occur in the business environment
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Chapter 5 Slide 3
 CRIME - punishable offense against society
 Elements of a crime
 Criminal conduct
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Chapter 5 Slide 4
 Duty - to do or not to do a certain thing
 Violation of the duty – (criminal act)
 Criminal intent –
(required in most cases)
 Intended to commit the act
 Intended to do evil
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Chapter 5 Slide 5
 Davis (chief accountant)
 Juggled books and took $35,000 belonging to credit union
 Auditors discovered – Davis paid back with interest
 Has she committed a crime despite the repayment?
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Chapter 5 Slide 6
 Owed duty (defined by statute)
 Act – took money
 The criminal conduct of taking another’s property or money by a person to whom it has been entrusted
EMBEZZLEMENT
Intent – intended to do evil
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Chapter 5 Slide 7
Criminal conduct may be classified as follows:
 Crimes against a person
 Crimes against property
 Crimes against the government and administration of justice
 Crimes against public peace and order
 Crimes against realty
 Crimes against consumers
 Crimes against decency
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Chapter 5 Slide 8
Criminal Intent w/Corporations
 Can a corporation form criminal intent?
 Yes
 If corporation’s employees have criminal intent – employer may be judged to have criminal intent
 If employees are carrying out assigned duties and the criminal act benefits the organization
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Chapter 5 Slide 9
Criminal Intent w/Corporations
 When a corporate employee commits a crime, can officers be held responsible?
 Yes - doctrine of VICARIOUS
CRIMINAL LIABILITY
 Vicarious - substituted
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Chapter 5 Slide 10
Criminal Intent w/Corporations
President of company is aware of dangerous working conditions and does nothing. Supervisor fails to take safety precautions and worker is killed.
President
 possible homicide charges.
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Chapter 5 Slide 11
 14 years + presumed to know right/wrong
 7-14 has to be proven
 6-19 age of criminal liability
 Insane - incapable of intent
 Not relieved for involuntary intoxication/drug use
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Chapter 5 Slide 12
 Assault and battery
 Kidnapping
 Murder
 Rape
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Chapter 5 Slide 13
 Embezzlement
 Theft
 Robbery
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Chapter 5 Slide 14
EXAMPLES OF CRIMES
AGAINST THE GOVERNMENT
AND ADMINISTRATION OF JUSTICE
 Perjury
 Tax evasion
 Treason
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Chapter 5 Slide 15
EXAMPLES OF CRIMES AGAINST
PUBLIC PEACE AND ORDER
 Disorderly conduct
 Illegal speeding
 Rioting
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Chapter 5 Slide 16
 Arson
 Burglary
 Criminal trespass
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Chapter 5 Slide 17
 Fraudulent sale of securities
 Violation of pure food and drug laws
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Chapter 5 Slide 18
 Bigamy
 Obscenity
 Prostitution
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 Felony
 Misdemeanor
Chapter 5 Slide 19
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Chapter 5 Slide 20
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.
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Chapter 5 Slide 21
 Arson
 Burglary
 Embezzlement
 Forgery
 Kidnapping
 Murder
 Perjury
 Rape
 Robbery
 Theft of large sums
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Chapter 5 Slide 22
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Chapter 5 Slide 23
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Chapter 5 Slide 24
 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.
 Examples of misdemeanors include disorderly conduct and speeding
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Chapter 5 Slide 25
 Some states classify lesser misdemeanors as infractions.
 A person convicted of an infraction can only be fined.
 Because there is no risk of being jailed, the defendant is not entitled to a jury trial.
 Examples include littering and parking violations.
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Chapter 5 Slide 26
BUSINESS-RELATED CRIMES
 Larceny
 Receiving stolen property
 False pretenses
 Forgery
 Bribery
 Computer crime
 Extortion
 Conspiracy
 Arson
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 Offenses committed in the business world are referred to as white-collar crimes
 Don’t involve force or violence
 Do not cause injury to people
 Do not cause physical damage to property
Chapter 5 Slide 27
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Chapter 5 Slide 28
 State that competing companies may not cooperate in fixing prices or in dividing sales regions
 Require that business business firms compete with one another
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Chapter 5 Slide 29
 The taking of property from another’s person or immediate presence, against the victim’s will, by force or by causing fear
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Chapter 5 Slide 30
 Entering a building without permission when intending to commit a crime
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Chapter 5 Slide 31
 When one who obtains money or other property by lying about a past or existing fact
 Differs from larceny because the victim parts with the property voluntarily
 A type of fraud
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Chapter 5 Slide 32
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 Falsely making or materially altering to defraud another
 Most commonly found on checks when one signs another’s name without permission to do so
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Chapter 5 Slide 33
 Unlawfully offering or giving anything of value to influence performance of an official
 Soliciting or accepting the bribe is also criminal
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Chapter 5 Slide 34
 Larceny when stealing computer data is harder to prosecute
 Courts conclude that there is not a
“taking” of personal property if the data is copied and deleted
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Chapter 5 Slide 35
 Commonly known as blackmail
 Obtaining money or other property from a person by wrongful use of force, fear, or the power of office
 The extortionist may threaten to inflict bodily damage
 Exposing an embarrassing fact
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Chapter 5 Slide 36
 An agreement between two or more persons to commit a crime
 Usually agreement is secret
 The conspiracy is a crime separate from the crime parties planned to commit
 Crime could be a felony or a misdemeanor
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Chapter 5 Slide 37
 The willful and illegal burning of a building
 Occurs when someone intentionally starts a fire and burns a structure without the owner’s consent
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Chapter 5 Slide 38
LESSON 5-2
 Know the rights a person has when arrested
 Recognize a person’s potential criminal liability for the actions of others
 Understand the justifiability of the common defenses to criminal charges
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Chapter 5 Slide 39
 Authors of our Constitution believed it was better for society to give individuals too much liberty than to allow the government too much power.
 Probable Cause - a reasonable ground for belief
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Chapter 5 Slide 40
During a routine traffic stop of a small truck for speeding, an officer became suspicious of the cargo the truck contained due to a smell coming from inside. When his request to search the truck was refused, the officer radioed for the assistance of a drug dog. Unfortunately, the dog was unavailable.
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Chapter 5 Slide 41
Finally, he ordered the driver to open the cargo area. When the driver did so, the officer found more than a ton of marijuana.
At trial, the defense attorney maintained that it was an illegal search and seizure and that the marijuana should not be allowed to be used as evidence.
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Chapter 5 Slide 42
Search was deemed unreasonable as it lacked probable cause
 marijuana could not be used as evidence
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Chapter 5 Slide 43
Convict a person of a crime – evidence must establish guilt
“beyond a reasonable doubt”
Right to a trial by jury
-- prosecutor or defendant can request
Guilty Verdict
-- only if all jurors vote to convict
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Chapter 5 Slide 44
 Rights when arrested
 Due process (probable cause)
 Representation by a lawyer (private /courtappointed)
 Responsibility for the criminal conduct of others
 Accomplice – knowingly aids in the commission of crime (also guilty of criminal wrongdoing)
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Chapter 5 Slide 45
 DEFENSE – a legal position taken by an accused to defeat the charges against him/her
 Procedural defenses – based on problems with the way evidence is obtained or the way an accused person is arrested, questioned, tried or punished
 confessing to a crime because of police threats
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Chapter 5 Slide 46
DEFENSES TO
CRIMINAL CHARGES
 Substantive defenses – disprove, justify, or excuse the alleged crime
 Alibi
 Self defense – only non-deadly force if reasonable sufficient
 Criminal insanity – know right from wrong
 Immunity – freedom from prosecution even when one has committed the crime
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Chapter 5 Slide 47
 Contempt of Court – action that hinders the administration of justice
 crime punishable by imprisonment
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Chapter 5 Slide 48
 A penalty provided by law and imposed by a court is called a punishment .
 The purpose is not to remedy the wrong but rather to discipline the wrongdoer.
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Chapter 5 Slide 49
 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.
 When plea bargaining the accused gives up the right to a public trial to avoid the risk of greater penalty if convicted.
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Chapter 5 Slide 50
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