Chapter 2

An act against the public good, punishable by a fine, imprisonment, or both.

Threaten peace, safety, and well-being of entire community
Must be prohibited by the law of the place where it is committed

- the party that accuses the person of a crime (usually the government)
Also known as the plaintiff in civil cases
- the person who is accused of a crime (or the person being “tried” for a crime)

Activity

- a major crime punishable by imprisonment (for a term exceeding one year), or death.

Back to
Classifications
Murder
Manslaughter
Burglary
Robbery
Arson

- less serious crime with a less severe penalty.
Require a penalty such as a fine or imprisonment in a county or city jail
Back to
Classifications

Driving without a license
Lying about your age in order to purchase alcoholic beverages
Leaving the scene of an accident
Back to
Classifications
Traffic offenses and parking violations are
“minor misdemeanors” or “petty offenses”

Using recent news stories, identify at least one felony and one misdemeanor
Next

Criminal Act
Required State of Mind

Each statute that defines a crime must specifically explain the conduct that is forbidden
Question: When could failure to act be a crime?
Voluntary conduct
Cannot be based on a person’s status or condition (i.e. alcoholic)
Back to Elements

Specified in the statute that defines the crime
Intent
Accident
What about Motive?

Prosecution does not have to prove motive
(though it helps)
If a person has committed the forbidden act with the required state of mind, he or she is criminally liable

Crimes Against People
Sex Offenses
Crimes Against
Property
Crimes Against
Business Interests

Murder – the unlawful killing of another human being with malice aforethought
(intent)
Manslaughter
– the unlawful killing of another human being without malice aforethought
Please note… the major difference between murder and manslaughter is that malice is found in murder, but not in manslaughter

Voluntary Manslaughter – when one person intends, at the time the act is committed, to kill another but does so suddenly and as the result of great personal distress (such as rage or passion).
Involuntary Manslaughter
– when one person, while committing an unlawful or reckless act, kills another (there is no intent to kill)
See Example 2 on page 25

Felony Murder Rule
– states that any killing occurring during a felony is murder
For example: if you are robbing a bank and the security guard attempts to shoot you, but misses and an innocent bystander is killed, you will be charged with MURDER.

Assault and Battery
Battery – the unlawful touching of another person
Must involve criminal intent or reckless behavior
– Use of a weapon
– Giving poison or drugs to an unsuspecting victim
– Spitting on someone
– Siccing a dog on someone
– Kissing someone who does not want to be kissed
Assault – an attempt to commit a battery i.e. Pointing a gun at someone
(this one is actually “aggravated assault” because you used a deadly weapon)

Kidnapping
– the unlawful removal or restraint of a person against that person’s will
Note: person does not actually have to be moved, kidnapping can occur in one’s own home
Sex Offenses
Rape, sexual assault, statutory rape etc.

Please note: Crimes against property may be a felony or a misdemeanor (depending on severity)
Burglary
– the breaking (opening) and entering of a dwelling house at night with the intent to commit a felony
Larceny – the unlawful taking and carrying away of personal property of another with the intent to deprive the owner of it (note: in Georgia, this is now known as “Theft by Taking”
Example: hooking up a cable TV system to your television set without paying for it

Embezzlement – the wrongful taking away of another’s property by a person who has been entrusted with that property
Example: I ask you to clean my ring
Robbery
– the wrongful taking and carrying away of the personal property (it is actually on the person or close to the body of the person) of another accompanied by violence or threats
Example: You tell me to give you my ring or you will kill me
Arson
– the willful and malicious burning of a house or other building

Larceny by False Pretenses (Fraud) – the taking of someone’s money or property by intentionally deceiving that person
See Example 6 on page 28
Example: Obtaining goods by writing a check that you know will “bounce”
Forgery – the false making or changing of a writing with the intent to defraud
Signing of another person’s name
Creating and using false identity

Bribery and Extortion
Bribery – to pay or give anything of value to public officials in order to influence their official activity (both parties are guilty)
Extortion
– the unjust taking of money or a thing of value by a public official i.e. A public official refuses to approve a construction job unless you pay him a certain amount of money
Computer Crimes
The Computer Fraud and Abuse Act
Designed to punish hackers

American Law recognizes that persons cannot be held responsible for their actions if they do not know what they are doing.
Tests of insanity:
M’Naghten Rule (oldest test for insanity)
American Law Institute (ALI)
Sentencing for Insanity Plea: committed to institution and must undergo psychiatric examinations
Back to Defenses

A law enforcement officer cannot induce a law-abiding citizen to commit a crime
See Example 8 in the book
Note: the person using the defense must show that the crime would not have been committed had it not been for the inducement of the officer
Back to Defenses

When persons have good reason to believe that they are in danger of serious injury or death, they can use force to protect themselves.
Must retreat, if possible, before using force
(except in one’s own home)
Must show that you did not start the altercation
May not use more force than was necessary to stop unprovoked attack
Back to Defenses

If a person uses force to rescue a family member who is being attacked, most states will not punish the rescuer.
Must have good reason to believe that the victim was in danger of severe bodily injury or even death
See Example 9 in book in reference to attacks in your own home

According to the 5 th Amendment, no person may be tried twice for the same offense

- appropriate punishment for a crime.
May include:
Fines (the payment of a specified amount of money as a penalty for committing a crime)
Imprisonment
Indeterminate
Determinate
Mandatory
Death

Chapter 3

Substance Abuse is the use of drugs or alcohol to an excessive extent

Classifies drugs into categories and sets penalties for each group

Drug Use
– involves the use of substances that are illegal and harmful, including alcohol and tobacco which are legal for adults but not for teenagers or children
Addiction
– occurs when a person can no longer function normally without regularly consuming drugs or alcohol, with a tendency to increase use

Can lead to more serious problems
It is illegal to possess certain drugs
It is a more serious offense to sale certain drugs than merely possessing them
It is also illegal to give drugs away
You may also be prosecuted for associating with anyone who does drugs (See pg. 40,
Example 2)

Alcohol is the most commonly used drug in the United States
Liability also falls on anyone who sells or gives alcoholic beverages to minors (including hosts of social events)
When you use public roads, you agree to give law enforcement officials permission to test you for alcohol use (implied consent)

Domestic Violence – physical or mental abuse of children, spouses, and elderly people by members of their families.
May be in the form of physical or mental abuse
A protective order may be issued
Domestic Violence Laws outlaw physical violence directed at any family member
Please note: the laws of many states require teachers, physicians, nurses, and others to report suspected cases of abuse

- the willful or malicious causing of damage to property.
Vandals are often required to pay for damages and/or provide the work needed to restore the damaged property
Parents of vandals may be liable as well
Actions such as pranks, jokes, or dares are no defense
Look-outs are equally guilty

- the act of stealing goods from a store.
Concealment on one’s person of an article offered for sale is considered proof in most states
Shoplifting losses and the cost of extra security increase retail prices
Felony - Value of stolen goods is greater than $500
Misdemeanor – Value of stolen goods is less than
$500

In most states, young drivers who break traffic laws are punished as adults
Penalties include: payment of fines, having license suspended, or having license revoked
Causes insurance rates to increase

Drag racing
Side-by-side racing
Timing vehicles separately
Joyriding
Temporarily taking a motor vehicle without the permission of the owner
All participants, not just the divers, can be held liable in both cases.

- a minor, under a certain age (usually 16, 17, or 18), who has committed an act that would be a crime if done by an adult.
- a minor who has done something that would not be a crime if it were done by and adult.
Truancy
Use of tobacco
Running away
Violating curfew

The juvenile court system’s goal is rehabilitation… not punishment.

In many states, children over a certain age (usually
14) may be tried as an adult in criminal court. The following factors will be considered:
Seriousness of the offense
Minor’s family, school, and social history
Minor’s court and delinquency record
Protection of public
Nature of past treatment efforts
Likelihood of successful rehabilitation

Persons who go before juvenile courts must be given same constitutional rights as people who go before other types of courts…in other words, full protection of the Constitution must be extended to everyone, regardless of age.
Adults are “arrested”… juveniles are “taken into custody”

Congratulations! You have now finished the
Chapter 2 Notes for
Business Law. Now its time to check your understanding.
Go to the website below and complete the interactive quiz.
http://glencoe.com/qe/qe51.php?qi=1315
Be sure to see next slide for quiz instructions

Either go into Slide Show View and click on the hyperlink to the website, or copy the web address into your Web Browser
Click on the appropriate response for each question
Click view results
You may take the quiz as many times as you wish
When you are satisfied with your quiz score, complete the necessary fields at the bottom of your screen. Please note…my e-mail address is:
Rebecca_Streetman@gwinnett.k12.ga.us