Our Criminal Laws
Criminal Law & Criminal Procedure
Chapter 5

Section 5-1 Goals

EXPLAIN THE ELEMENTS OF A CRIME


DESCRIBE THOSE CRIMES WHICH
COMMONLY OCCUR IN THE BUSINESS
ENVIRONMENT
IMPORTANT! IGNORANCE OF THE LAW IS
NO EXCUSE TO BE RELIEVED OF A CRIME!

Criminal law

Hot debate – pg 66

Discuss questions

Emily vs. Northside Chemical Company

What is a crime?

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Crime
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A punishable offense against society
Attempts to identify, arrest, prosecute or punish the criminal to protect society
Defined by statute
Civil offense

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Offenses against a victim , not society
Victims can sue for civil damages

Most crimes-the criminal has very little money to sue for…

3 Elements of a Crime
1.
2.
3.
•
A duty to do or not do a certain thing
Usually described by state statutes
•
An act or omission in violation of that duty
Criminal Act- specific conduct that violates a duty
•
•
•
Criminal Intent
Intent to commit the act
Intent to do evil
MUST BE PROVED

1. Duty


Usually state statutes prohibit certain conduct
Occasionally federal statutes or city ordinances identify criminal behavior

Stealing from employer

Breaking into neighbors house

2. Violation of the Duty

Criminal Act
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Breach of duty
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Specific conduct that violates statute

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Breaches proven in trial
Example:

Sue stole money from employer; Joe saw her and testified in court

3. Criminal Intent

Intent must be proven (most cases)


Defendant

Intended to commit the act

Intended to do evil
Example:

Sue intentionally stole money from employer

Going back to Emily vs.
Northside…..
Did Emily commit a crime?
• DID EMILY HAVE A DUTY?
• DID SHE VIOLATE THAT DUTY?
• DID SHE INTEND TO STEAL?

What’s your verdict? –
Page 67


Statute defined


Duty?
Defined by statue?
Was there a violation of that duty?

Embezzlement

Criminal act of taking someone’s property or money by an entrusted person

Criminal Intent & Corporations

Employee criminal intent = Organization’s criminal intent


President of company is aware of dangerous working condition
Worker is killed because of working condition

President can be found guilty of crime

Vicarious Criminal Liability

Substitute – employee is used as a substitute

Other factors involving criminal intent
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To have criminal intent, one must have sufficient mental capacity
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Insanity – not mentally capable
Age
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Under 7 considered below age of reason


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Over 14 can be considered an adult
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Over 14 knows the difference between right and wrong
7-14 intent & understanding must be proven
Drugs/alcohol- does not relieve criminal intent; done voluntarily

Criminal intent – cont.
PLEASE ADD TO YOUR NOTES

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Some crimes do not require the element of criminal intent

Example:

A driver speeding hit and killed someone

The intent was not there; however, could be convicted of vehicular homicide
Less serious crimes where jail is unlikely; intent is not required

Example:

Traffic offenses…….

Analyze Real Cases – page 76


#26 –


 cigar owner
Did Feinberg have a duty to tell his customers of the change in percent?
Did he violate the duty?
Did he intend to kill anyone?

Feinberg acted with such gross negligence that it is equivalent of criminal intent
#28 – shopper

Did the shopper have a duty to “not steal”


Did he violate the duty?
Did he intend to steal?

Yes to all - guilty

Two Classifications of Crimes
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Felony
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A crime punishable by confinement of state prison more than a year in
Fine over $1,000
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Both

Death
Misdemeanor

Less serious crime, punishable by county/city jail less than 1 year

Infraction

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Lesser misdemeanor
No jury trial
Perjury – PLEASE ADD TO YOUR NOTES

People who lie under oath

Business Related Crimes
(What’s my verdict? Page 69)

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White Collar Crimes Offences committed in the business world

No force or violence, personal injury, or physical damage

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Tax evasion
Defrauding customers
Price fixing
Insurance fraud

Because physical violence is not involved, courts tend to be more lenient
Larceny (theft)

Wrongful taking of money or property with intent to deprive ownership

May be a felony or misdemeanor – depends on value

Business Related Crimes cont.
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Robbery (form of larceny)
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Taking of property against the victims will
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By force, causing fear

Always a felony
Burglary (larceny)

Entering a building w/o permission with intent of committing a crime

Always a felony
Receiving Stolen Property

Knowingly receiving or buying…

Business Related Crimes cont.



False Pretenses

Lying about facts to obtain money or property
Forgery

Making or changing a document to defraud another
Bribery

Offering or giving something of value to influence an official

Business Related Crimes cont.



Extortion (blackmail)

Obtaining money/property by fear, force, or power of office
Conspiracy

Agreement between 2 or more people to commit a crime
Arson

Willful & illegal burning of a building

Review Chapter 5.1


Page 70 – Think About Legal Concepts

#1 - #5
Page 70 – Think Critically About
Evidence

#6 - 8

Section 5-2 Goals



Understand rights when arrested
Recognize criminal liability
Understand common defenses of criminal charges

Constitution

Believes too much liberty is better than giving the government too much power

Constitutional Rights & Responsibilities


What’s Your verdict? Page 71
Rights when arrested

Due Process=fair procedures in investigation and court

Example:

Right to be represented by a lawyer


Defendants may not be compelled to testify against self
Right to cross examine witnesses
Jury Trial- is asked for by prosecutor or defendant.
How is a jury picked

Criminal Conduct of Others

Anyone aiding in a crime can also be found guilty for the same crime


Ex. Burglary look-out
Vicarious Liability (substitute)

Defenses to Criminal Charges

“What’s My Verdict”? – pg. 72


Defense- Often allows defendant to escape liability
Two types

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Procedural Defenses
Substantive Defenses

Procedural vs. Substantive


Procedural defenses

Problems with the way evidence was obtained

The way a person is arrested, questioned, tried or punished

EX: confession was signed due to threat by police
Ignorance of law does
not count




Substantive Defenses

Disprove, justify, or excuse crime

Discredit facts
Self-Defense
Criminal Insanity
Immunity

Freedom from prosecution – exchange for agreement to testify against other criminals

Other terms…



Contempt of court

Witness who refuses to testify after immunity has been given
Punishment

Penalty provided by law and imposed by a court

Deter others from breaking the same law

“What’s Your Verdict”? – page 72
Plea Bargain

Plea of guilty for a lesser crime so a more serious crime is dropped

Wrap Chapter 5 - Thursday

With a partner…

Your Legal Vocabulary


P. 74, 1-12
Think about legal concepts

P.73, 1-5

Think critically about evidence

P. 75

18-21

Analyze Real Cases

P. 76

Mock Trial

Review short PowerPoint with
Intellectual Property terms

Intellectual Property

In The Lab

Famous Crimes

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Tri-fold brochure
Mini lesson on Microsoft Publisher