CHAPTER 6: CRIMINAL LAW
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TOPICS COVERED CHAPTER 6:
CRIMINAL LAW
A. Nature of Crimes.
B. White-Collar Crime.
C. Crimes Against Business.
D. Defenses to Crimes.
E. Criminal Procedure.
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NATURE OF CRIMES
 Definition – any act or omission
forbidden by public law.
 Essential Elements
• Actus Reus – wrongful or overt act.
• Mens Rea – criminal intent or mental
fault.
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NATURE OF CRIMES
 Classification of Crimes.
• Felony – a serious crime.
• Misdemeanor – a less serious crime.
 Vicarious Liability.
• Liability imposed upon one person for
the acts of another.
• Employers may be criminally liable for
acts of employees. 
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NATURE OF CRIMES
 Liability of a Corporation.
• Corporations can only be fined, not
imprisoned.
• Responsible corporate officers can be
fined and imprisoned.
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DEGREES OF MENTAL FAULT
Type
Fault Required
Examples
Subjective Fault
Purposeful
Knowing
Reckless
Larceny
Embezzlement
Objective Fault
Negligent
Careless
Careless Driving
Issuing bad check
(some states)
Liability without
Fault
None
Sale of alcohol to minor
Sale of adulterated food
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WHITE-COLLAR CRIME
 Definition – nonviolent crime
involving deceit, corruption, or
breach of trust.
• PEOPLE V. FARELL (2002).
 Computer Crime – use of a computer
to commit a crime or a crime
targeted at a computer. 
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WHITE-COLLAR CRIME
 Racketeer Influenced and Corrupt
Organizations Act (RICO) – federal
law intended to stop organized crime
from infiltrating legitimate
businesses.
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CRIMES AGAINST BUSINESS
 Larceny – trespassory taking and
carrying away of personal property of
another with the intent to deprive the
victim permanently of the property.
 Embezzlement – taking of another's
property by a person who was in lawful
possession of the property. 
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CRIMES AGAINST BUSINESS
 False Pretenses – obtaining title to
property of another by means of
representation one knows to be
materially false; made with intent to
defraud.
• STATE OF SOUTH DAKOTA V. MORSE (2008).
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CRIMES AGAINST BUSINESS
 Robbery – committing larceny with
the use or threat of force.
 Burglary – under most modern
statutes, an entry into a building with
the intent to commit a felony. 
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CRIMES AGAINST BUSINESS
 Extortion and Bribery – offering money
or property to a public official to
influence the official's decision.
 Forgery – intentional falsification of a
document to defraud.
 Bad Checks – knowingly issuing a check
without sufficient funds to cover it.
• STATE V. KELM (1996).
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DEFENSES TO CRIMES
 Defense of Person or Property –
individuals may use reasonable force to
protect themselves, other individuals,
and their property.
 Duress – coercion by threat of serious
bodily harm; a defense to criminal
conduct other than murder.
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DEFENSES TO CRIMES
 Mistake of Fact – honest and
reasonable belief that conduct is not
criminal.
 Entrapment – inducement by a law
enforcement official to commit a crime.
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CRIMINAL PROCEDURE
 Steps in Criminal Prosecution –
generally include arrest, booking,
formal notice of charges, preliminary
hearing to determine probable cause,
indictment or information,
arraignment, and trial.
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CRIMINAL PROCEDURE
 Steps in Criminal Prosecution.
• Guilt must be proven beyond a
reasonable doubt.
• Fourth Amendment – protects
individuals against unreasonable
searches and seizures. 
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CRIMINAL PROCEDURE
 Steps in Criminal Prosecution.
• Fifth Amendment – protects persons
against self-incrimination, double
jeopardy, and being charged with a
capital crime except by grand jury
indictment. 
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CRIMINAL PROCEDURE
 Steps in Criminal Prosecution.
• Sixth Amendment – provides the
accused with the right to a speedy and
public trial, the opportunity to confront
witnesses, process for obtaining
witnesses, and the right to counsel.
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CONSTITUTIONAL PROTECTION
FOR THE CRIMINAL DEFENDANT
Amendment
Protection Conferred
Fourth
Freedom from unreasonable search and seizure
Fifth
Due process
Right to indictment by grand jury for capital crimes*
Freedom from double jeopardy
Freedom from self-incrimination
Sixth
Right to speedy, public trial by jury
Right to be informed of accusations
Right to confront witnesses
Right to present witnesses
Right to competent counsel
Eighth
Freedom from excessive bail
Freedom from cruel and unusual punishment
*This right has not been applied to the States through the Fourteenth Amendment.
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