Chapter 5
1.
2.
What arguments can you make
for trying Emily?
What arguments can you make
against trying her?
1.
2.
The fact that respect for the evenhandedness of the law would be lost if she was
not tried.
The fact that she had actually
accomplished what the law could not do.
 Has
she committed a crime
despite the repayment?

Davis owed a duty, defined by state
statute, to not take the credit union’s
money.

A crime is a punishable offense
against society.

Before anyone can be convicted of a crime,
three elements must be proven at the trial:
The duty
The breach of the duty
3. Criminal intent
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2.


State statutes prohibiting certain
conduct usually describes duty.
The existence of a duty in criminal law
is usually proven in court by the
prosecutor citing a statute to the
judge.


The breach of duty-the specific conduct that
violates the statute is the criminal act.
Example: If someone intentionally hit
someone in the face, causing them
harm(battery), the breach of the duty could
be proven in court by the testimony of a
witness who saw the defendant punch the
victim.

Criminal Intent generally means that
the defendant:
1.
Intended to commit the act
2. Intended to do evil
http://www.foxnews.com/us/2011/04/21/plotgrisly-murder-florida-teen-followed-fightauthorities-say/
 Can
a corporation, which is an
organization, form criminal intent
the way humans can?



Yes, if an employee has criminal intent, their
employer may be judged to have criminal
intent.
Vicarious criminal liability refers to
corporations.
Under common law, children under age 7
were considered to be below the age of
reason. Therefore, they were considered
incapable of forming criminal intent.
State statutes provide that minors as young as 7 may be
tried and punished as adults if they are accused of
serious crimes, such as murder.
 There are exceptions to criminal intent.
 Example: If you’re driving down the road going 80 mph
through a neighborhood while drunk and killed a
pedestrian, you may have not intended to speed or
intended to do evil, but your conduct was careless that
some courts treat it the same as criminal intent. You
may be convicted of vehicular homicide.
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illsborough/temple_terrace/stop-sign-theft-in-templeterrace-brings-back-painful-memories-for-residentsin-rural-hillsborough
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Crimes against a person-assault and battery,
kidnapping, rape, murder
Crimes against property-theft, robbery,
embezzlement
Crimes against the government and administration
of justice-treason, tax evasion, perjury
Crimes against public peace and order-rioting,
disorderly conduct, illegal speeding
Crimes against realty-burglary, arson, criminal
trespass
Crimes against consumers-fraudulent sale of
securities, violation of pure food and drug laws
Crimes against decency-bigamy, obscenity,
prostitution
 If
this could be proven, could he
be punished for a crime?
 Murdock
committed perjury. He
may be imprisoned for two or
three years.
 Crimes
are classified as felonies
and misdemeanors.


Felony
A crime punishable by
confinement for more than
a year in state prison or by
a fine of more than $1,000
or both—even death.
Examples: murder,
kidnapping, arson, rape,
robbery, burglary,
embezzlement, forgery,
theft of large sums, and
perjury
Misdemeanor


Less serious and usually
punishable by
confinement in a county
or city jail for less than a
year, by fine, or both.
Examples: speeding,
parking violations, and
littering
 Were
the officers and their
companies guilty of any crime?



The six officers were guilty of violating
criminal portions of antitrust laws.
Antitrust laws-state that competing
companies may not cooperate in fixing prices
or in dividing sales regions.
Antitrust laws require that business firms
compete with one another.


White collar crimes are offenses
committed in the business world.
White collar crimes do not involve
force or violence, do not cause injury
to people, and do not cause physical
damage to property.






Commonly known as theft
The wrongful taking of money or personal
property belonging to someone else, with
intent to deprive the owner of possessions.
Robbery and burglary are variations of larceny
Larceny can either be a felony or a
misdemeanor
Robbery and burglary are felonies
Other Examples: pick pocketing, shoplifting,
purse snatching
Robbery

The taking of property
from another’s person
or immediate
presence, against the
victim’s will, by force
or causing fear.
Burglary

Entering a building
without permission
when intending to
commit a crime.
 It
is a crime to buy property that
you know has been stolen.


One who obtains money or other
property by lying about a past or
existing fact is guilty of false
pretenses.
Different from larceny because the
victim parts with the property
voluntarily.



Falsely making or materially altering a
writing to defraud another.
Usually a felony
Most common type of forgery is on a
check


Unlawfully offering or giving anything of
value to influence performance of an
official.
Example: Paying a football player to throw
the game, bribing nongovernmental parties


Commonly known as blackmail
Sometimes the extortionist threatens
to expose a secret crime or
embarrassing fact if payment is not
made.

Newest crime

The law can NOW prosecute

An agreement between two or more
people to commit a crime.

Usually it is a secret

Can be a misdemeanor or a felony

The willful or illegal burning of a
building.

Is he correct?

Barlow’s right against selfincrimination was not violated by the
law that requires one to remain at the
scene of the accident and identify
oneself.
 The
Constitution believed it was
better for our society to give
individuals too much liberty than
to allow the government too much
power.
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
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The constitutional right to due process
requires fundamental fairness in
governmental actions.
Example: criminal defendants may not be
compelled to testify against themselves, the
right to cross-examine witnesses, be
represented by a lawyer.
To convict a person of a crime, the evidence
must establish guilt with proof beyond a
reasonable doubt (90%).


A person who aids another in the
commission of a crime is also guilty of
criminal wrongdoing.
Example: Someone who acts as the
lookout for police during a robbery.
 If
true, are those good defenses?



Will and Zack should have been advised of
their rights when arrested.
If they were not advised, their procedural
rights of the Constitution were violated.
This is a valid defense.

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The state must prove that the defendant is
guilty beyond reasonable doubt.
But even when it appears that this has been
done, the defendant may escape criminal
liability by establishing a defense.
Defense-often allows the defendant to escape
liability.
The defendant must produce the evidence to
support any defense.
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

Based on problems with the
way evidence is obtained or
the way the accused person
is arrested, questioned, tried,
or punished.
Example: a defendant who
confessed to a crime may
assert the defense that she
signed the confession only
because she felt threatened
by the police.
The legal system assumes
that everyone knows the law.
Procedural Defense



Disapprove, justify, or
excuse the alleged
crime.
Most substantive
defenses discredit the
facts that the state has
sought to establish.
Example: Self-defense,
criminal insanity, and
immunity
Substantive Defense
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Self-defense- the use of the force that
appears to be reasonably necessary to the
victim to prevent death, serious bodily harm,
rape, or kidnapping.
You may not use deadly force if non-deadly
force appears reasonably sufficient.
Only non-deadly force may be used to
protect or recover property.
You may not set deadly traps, or shoot a thief
who is escaping with stolen property.
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Criminal insanity-generally exists when the
accused does not know the difference
between right and wrong.
If the accused is criminally insane, there is no
criminal intent and therefore no crime.
At the trial, the defendant must prove
criminal insanity.


Immunity-freedom from prosecution even
when one has committed the crime charged.
Sometimes a criminal may be granted
immunity in exchange for an agreement to
testify about the criminal conduct of several
other criminals.
 What
is an appropriate penalty for
an offense of this nature?


Gill was guilty of an infraction, which
did not require criminal intent.
His conduct was illegal so he would
probably be fined.
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
The purpose is not to remedy the wrong but
rather discipline the wrongdoer.
An accused person may agree to plead guilty
to a less serious crime in exchange for having
a more serious charge dropped, this is known
as plea bargaining.