Chapter 4
Criminal Law and Procedure
What is a Crime?
• It is a punishable offense against society
• Society attempts to:
– Identify the crime
– Arrest
– Prosecute
– and Punish
Elements of Criminal Act
• Prosecutor must prove three elements:
1. Whether you had a duty to do or not to do a
certain thing
2. Whether you performed an act or omission in
violation of that duty
3. Whether or not you had criminal intent
Duty
• Under our system, everyone has a legally
enforceable duty to conform his or her
conduct to the law’s requirements.
Violation of Duty
• Breach of Duty – the specific conduct of the
defendant that violates the statute – is the
criminal act
Criminal Intent
• Means that the defendant intended to commit
the specific act or omission defined as criminal
in the controlling statute.
• Intent refers to the state of mind
Criminal Intent
• Those over the age of 14 are considered
competent because they understand the
difference between right and wrong
• Insane lack the mental capacity to understand
the difference between right and wrong
Crimes against a person
• Assault – Intentional threat to physically or
offensively injure another
• Battery – Harmful or offensive touching
• Kidnapping
• Rape
• Murder
Crimes against property
• Theft - the generic term for all crimes in which
a person intentionally and fraudulently takes
personal property of another without
permission or consent and with the intent to
convert it to the taker's use (including
potential sale). In many states, if the value of
the property taken is low (for example, less
than $500) the crime is "petty theft," but it is
"grand theft" for larger amounts, designated
misdemeanor, or felony, respectively
Crimes against property (Theft)
• Robbery – Wrongful taking of another’s
property from their person or presence by
threat of force of violence or by causing fear
• Embezzlement – Taking of another’s property
or money by a person to whom it has been
entrusted
Crimes against Government/Justice
• Treason - Violation of allegiance toward one's
country, especially the betrayal of one's
country by waging war against it or by
consciously and purposely acting to aid its
enemies.
• Tax Evasion - Intentional avoidance of tax
payment usually by inaccurately declaring
taxable income
• Perjury – Lying under oath
Crimes against public peace and order
• Rioting - A violent disturbance of the public
peace by three or more persons assembled for
a common purpose
• Disorderly conduct - An offense involving
disturbance of the public peace and decency
• Illegal speeding
Crimes against Realty
• Burglary - entering a building as a trespasser with
the intention of committing a crime
• Arson - maliciously, voluntarily, and willfully
setting fire to the building, buildings, or other
property of another or of burning one's own
property for an improper purpose, as to collect
insurance.
• Criminal Trespass - unlawful injury to the person,
property, or rights of another, with actual or
implied force or violence, especially to enter onto
another's land wrongfully.
Classifications of Crimes
• Felony – Crime punishable by confinement for
more than a year in state prison or by a fine of
more than $1,000, or both.
• Misdemeanor – Less serious crime
– Punishable by confinement in a county or city jail
for one year or less, by a fine of $1,000 or less, or
both
– Infractions – lesser misdemeanors punishable by
fine and not entitled to a jury trial
Business Related Crimes
• White Collar Crimes – Crimes committed in
the business world
– Do not involve force or violence
– Do not cause physical injury to people
– Or physical damage to property
White Collar Crimes
• Larceny – Theft (Robbery and/or Burglary)
• Receiving stolen property – Knowingly receive
or buy property known to be stolen, with
intent to deprive the rightful owner of the
property
– Fence – One receiving stolen property
White Collar Crimes
• False Pretense – One who obtains money or
property by lying about a past or existing fact
– Different then larceny because the victim parts
with the property freely.
• Forgery – Falsely making or materially altering
a writing to defraud another
White Collar Crimes
• Bribery – Unlawfully offering or giving
anything of value to influence performance of
an official in the carrying out of his or her
public or legal duties.
• Extortion – Improperly obtaining money or
other things of value by use of force, fear, or
the power of office (blackmail)
White Collar Crimes
• Conspiracy – An agreement between two or
more persons to commit a crime
– Usually the agreement is a secret
Felonies
•
•
•
•
•
•
•
•
•
•
Murder
Kidnapping
Arson
Rape
Robbery
Burglary
Embezzlement
Forgery
Theft of Large sums
Perjury
4-1 Assessment
• Turn to page 70 and complete the assessment
Rights and Responsibilities
• Probable Cause
– Reasonable ground for belief
• Right to a lawyer
• To convict in a criminal case, “Proof beyond a
reasonable doubt” must be established
• Right to a jury trial
• An accomplice (one who participates in the
crime) is just as guilty
Defense to Criminal Charges
• Defense – Legal position taken by an accused
to defeat the charges against him
– The state must prove guilt
1. Procedural Defense
2. Substantive Defense
Procedural Defense
• Based on problems with the way evidence is
obtained or the way an accused person is
arrested, questioned, tried, or punished.
– Ignorance of the law is no defense
Substantive Defense
• Disproves, justify, or excuse the alleged crime.
• Discredit the facts that the state sought to
establish
• Self-Defense – The use of force that appears
to be reasonably necessary to the victim to
prevent death, serious bodily harm, rape, or
kidnapping.
– Only non-deadly force may be used to protect or
recover property
Substantive Defense
• Criminal Insanity – Because of a verifiable
mental disease or defect, the accused does
not know the difference between right and
wrong
• Immunity – Freedom from prosecution even
when one has committed the crime charged.
– May be granted immunity for an agreement to
testify.
Punishment for Crimes
• Punishment – Any penalty provided by law
and imposed by a court
– Done to discipline the wrongdoer
• Plea Bargaining – Agree to plead guilty to a
lesser charge in exchange for having the more
serious charges dropped.
– Give up the right to a trial
Assessment
• Turn to page 75 and complete the 4-2
Assessment