The most fundamental characteristic of a crime is that it is an
offense against society. When a crime occurs, society—acting
through police and prosecutors—attempts to identify, arrest,
prosecute, and punish the criminal.
Elements of Criminal Acts
The three elements of every crime are:
1. Duty
• It is everyone’s duty to know the law and to conform his
or her conduct to the law’s requirements.
2. Violation of the Duty
• The breach of duty is the specific conduct of the defendant
that violates the statute.
3. Criminal Intent
• Criminal intent generally means that the defendant (1)
intended to commit the act and (2) intended to do evil.
• Can a company have criminal intent?
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• Vicarious (substituted) criminal liability—corporate
presidents, treasurers, and other officers can be held liable
for an employee’s crime
• Children under the age of 7 are incapable of having
criminal intent.
• To have criminal intent, one must have the mental
capacity to know the difference between right and wrong.
Felonies
• A felony is a crime punishable by confinement for more than a year in a state
prison or by a fine of more than $1000, or both—or even death.
• Murder, kidnapping, arson, robbery, burglary, embezzlement, forgery, theft of
large sums, and perjury are all felonies.
Misdemeanors
• A misdemeanor is a less serious crime. It is usually punishable by confinement in
a county or city jail for less than one year, by fine, or both.
• Disorderly conduct and speeding are misdemeanors.
• Lesser misdemeanors are called infractions. People convicted of infractions can
only be fined. Parking violations and littering are infractions.
Business Related Crimes
• Offenses committed in the business world are referred to as white-collar crimes.
These crimes do not involve force or violence to people or property.
• Examples of white collar crimes include not paying taxes, stock fraud, fixing
prices, false advertising, embezzlement, insurance fraud.
• Larceny—(Felony or misdemeanor) also known as theft, is the wrongful taking
of money or personal property belonging to someone else.
o Robbery (felony)—taking property from another against their will and by
force or by causing fear
o Burglary (felony)—entering a building without permission when intending
to commit a crime.
• Receiving Stolen Property—knowingly receiving stolen property consists of
either receiving or buying stolen property with the intent to deprive the rightful
owner of the property. One who receives stolen property is a fence.
• False Pretenses—one who obtains money or other property by lying about a past
or existing fact.
• Forgery—falsely making or materially altering a writing to defraud another.
• Bribery—unlawfully offering or giving anything of value to influence the
performance of another. Accepting a bribe is also against the law.
• Computer Crime—taking of information
• Extortion—commonly known as blackmail, is obtaining money or property froma
person by wrongful use of force, fear, or the power of office.
• Conspiracy—an agreement between 2 or more parties to commit a crime
• Arson—willful and illegal burning of a building.
Overview of Criminal Conduct
Criminal conduct can be classified as follows:
1. Crimes against a person
• Assault-placing another in fear of harmful or offensive touching
• Battery-harmful or offensive touching of another
• Kidnapping
• Rape
• Murder
2. Crimes against property
• Theft
• Robbery-taking of property by force from the person or presence of
another
• Embezzlement-fraudulent taking of money or other property entrusted
to one’s care
• Receiving stolen property-receiving or buying property that is known
to be stolen, with intent to deprive the rightful owner of the property
3. Crimes against the government and the administration of justice
• Treason-crime of disloyalty to one's nation
• Tax evasion-type of fraud where a person does not file a tax return, or
files a false tax
• Bribery-A corrupt activity in which a person offers or receives goods,
money, services, etc. to sway a persons opinion, action, or decision
• Counterfeiting-unauthorized copying or imitating of an item which is
later passed on as an original
• Perjury- lying under oath
4. Crimes against public peace and order
• Rioting
• Carrying concealed weapons
• Drunk and disorderly conduct
• Illegal speeding
5. Crimes against realty
• Burglary-illegal entering a building with the intent to commit a crime
• Arson-the willful and illegal burning of a building
• Criminal trespass-criminal act of going into somebody else's land or
property without permission
6. Crimes against consumers
• Violation of pure food and drug laws
7. Crimes against decency
• Bigamy- having 2 spouses at the same time
• Obscenity- offensive to "accepted" standards of decency or morality
• Prostitution
• Contributing to the delinquency of a minor
Rights of the Accused
• Criminal defendants may not be required to testify against themselves
• Evidence against a defendant cannot be developed by unreasonable
searched or seizures by the authorities (probable cause for search)
• Accused person has the right to a lawyer. The state will provide one to
a person who cannot afford a lawyer.
• Evidence must prove “guilt beyond a reasonable doubt.”
• Accused has the right to a trial by jury.
Responsibility for the Criminal Conduct of Others
• A person who knowingly aids another in the commission of a crime
also is guilty of criminal wrongdoing. (Accomplice)
Defenses to Criminal Charges
A defense is a legal position taken by an accused to defeat the charges
against him or her.
Procedural Defenses
• Procedural defenses are based on problems with the way evidence is
obtained or the way an accused person is arrested, questioned, tried, or
punished.
• Ignorance is not a defense.
Substantive Defenses
• Substantive defenses disprove, justify, or excuse the alleged crime.
They discredit the facts that the state sought to establish.
• Self-defense— is the use of force that appears to be reasonably
necessary to the victim to prevent death, serious bodily injury,
rape, or kidnapping. This defense also extends to close family
members or others that need to be protected. You may not use
self-defense to protect property.
• Immunity—is freedom from prosecution even when one has
committed a crime. A criminal may be granted immunity in
exchange for an agreement to testify about the criminal conduct
of other criminals. A witness who refuses to testify after the grant
of immunity is in contempt of court and can by imprisoned.
• Insanity—exists when the accused does not know the difference
between right and wrong.
Punishments for Crimes
• Any penalty provided by law must fit the crime. Punishment should
deter others from committing the crime.
• Punishments may include fines, imprisonment, or death.
• An accused person may plead guilty to a less serious crime in exchange
for having a more serious crime dropped. This is called plea
bargaining.