Chapter 2:
Criminal Law
Crime

An offense committed against the public
good, or society.

Person convicted can be fined, imprisoned,
or sentenced to death.

The constitution limits how the government
can deal with people who have been
accused of a crime to protect the innocent
from unjust accusations or imprisonment.
Crime Process

Criminal Law
 Defendant

Person accused of a crime
 Prosecutor


The party that accuses a person of a crime.
Can be a state or federal government who
represent the public.
Prosecutor
 Government
official who brings the case
against the defendant.
 In
some states, it is called a district
attorney.
 The
Prosecutor represents the people, or
the public, in a criminal case.
Classification of Crimes
 Felony

Murder, rape, robbery
 Misdemeanor

Petty theft
 Infractions

Traffic offense
Felony
A
major crime
 Accused
can be punished by a fine, or by
imprisonment in a penitentiary, or both.
 Example:
 Most
Murder, robbery, rape
serious crime: Murder
Felony




Felonies may also be called high
misdemeanors.
People convicted of a felony may also be
liable for a civil penalty awarded to the
victim or victim’s family.
Example: A rape victim may be able to sue
the defendant to recover the costs of medical
bills and counseling.
Punishment: Anywhere from 1 year to 30 years
in jail. Fines can be up to $25,000.

Depends on the severity of the crime
5 classes of Felonies in IL
Class
X
Class 1
Class 2
Class 3
Class 4
Class X Felony
Between
6 and 30 years in
State Penitentiary; and/or
Fine of up to $25,000
Examples:
Aggravated
Criminal Sexual Assault
Class 1 Felony
Between
4 and 15 years in
State Penitentiary; and/or
Fine of up to $25,000
 Examples:
Criminal Sexual
Assault, Possession of Heroin,
Cocaine, LSD
Class 2 Felony
Between
3 and 7 years in
State Penitentiary;
and/or
Fine of up to $25,000
Examples:
Arson
Class 3 Felony
Between
2 and 5 years in
State Penitentiary;
and/or
Fine of up to $25,000
Examples:
Battery
Aggravated
Class 4 Felony
Between
1 and 3 years in
State Penitentiary; and/or
Fine of up to $25,000
Examples:
Aggravated
Assault, Stalking
Misdemeanor





Less serious crime
Person can be punished by a fine, jail time, or
both.
Maximum sentence is usually less than a year
If defendant gets jail time, time is usually
served in a smaller, county jail, rather than a
state penitentiary.
Example: Driving without a license, assault,
possession of marijuana, harassment,
possession of fire arms, wreck less driving
Misdemeanors
Class
A
Class B
Class C
Class A Misdemeanor
Up
to 1 year in Jail; and/or
Fine of up to $2,500
Examples: Battery, DUI,
Possession of Marijuana (10-30
grams), Possession of Firearms,
Reckless Driving
Class B Misdemeanor
Up
to 6 months in Jail; and/or
Fine of up to $1,500
Examples: Possession of
Marijuana (2.5-10 grams),
Harassment
Class C Misdemeanor
Up
to 30 days in Jail; and/or
Fine of up to $1,500.
Examples: Assault,
Possession of Marijuana
(under 2.5 grams)
Infraction
A
minor offense that is usually punishable
with a fine and not with jail time.
 Also known as minor misdemeanors or
petty crimes
 Examples:
speeding tickets, traffic
violations, etc.
Violating Law… by age

Age 0- 10-------- No charges.


Age 10-14---- Possible Charges--- Juvenile Court



Too young to understand what they are doing is wrong
Too young to understand they have done something wrong
If it can be proven that they know what they did was wrong, then
they can be charged
Age 15-17– Charged




The legal system tries to deal with children in a way that avoids
them being locked up and helps them learn from their mistakes.
What happens will depend on the age of the child (in other
words, how close to turning 18 the child is), what the child did,
and whether the child has a history of getting into trouble.
Serve time until they are 21 and then get released
For more severe crimes, after 21 can be transferred to adult status
Violating Law

Age 18 and Over------- Adult Status

Once a person turns 18, he or she is an adult in the eyes
of the law. Even if the person is still at school, he or she
is legally an adult and adult penalties apply for
breaking the law.

Able to buy Cigarettes
Able to Vote


Age 21- Legal Age

Age 25- Discount on Insurance
Children more deadly than
Mass Shooters in America
 Children
Shooters
 Accidental
Shooting by Child
 Accidental
Shooting of Child 2
 12
year old stabbing charged as adult
Arrest of Children


If you’re a child (under the age of 18), you will
almost always be issued with a court
attendance notice instead of being arrested
and taken to a police station to be charged.
However, you will be arrested if you are to be
charged with any of the following:






murder
an offence that can be punished with
imprisonment for 25 years or life
serious drug offences
some serious sexual assault offences
assault with intention to have sexual intercourse
serious firearms offences
Resisting Arrest
 If
police arrest you, you’ll be told why
you’re being arrested. If you try to resist
arrest, police can use whatever force is
reasonably necessary to arrest you or to
prevent you from escaping after you’ve
been arrested.
 Resisting
or hindering any police officer
who is making an arrest or doing his or her
duty is against the law. The maximum
penalty for this offence is 12 months
imprisonment, and /or a $1,100 fine.
What Happens After An Arrest
Has Occurred?



After you've been arrested, you'll be taken to a
police station. You'll be allowed to speak to a
friend, relative, guardian or other independent
person as well as to a lawyer, and ask them to
come and be with you.
You may be questioned and searched. Police can
keep you at the station for up to 4 hours for
investigation and questioning. This time can be
extended to 12 hours with permission from a court.
Unless the police decide to end your arrest, you
and anything found on you, will be taken before a
magistrate or judge as soon as possible after
you’ve been arrested. The magistrate or judge will
decide whether you should continue to be
detained until your case is heard and decided by
the court, or whether you should be released on
bail to return to court when your case is to be
heard and decided.
Police will end your
arrest if…



You’re no longer a suspect, or the reason for your
arrest no longer exists. In this case you can be
released without being charged
Police decide it’s more appropriate to deal with
the matter in some other way, for example, by
issuing a warning or caution, or referring you to a
youth justice conference
Police decide to charge you on summons (that is,
by giving you a court attendance notice). This
means you'll be free to leave police custody
without any conditions. You'll have to attend court
on the day your charges are heard.
Criminal Law in the U.S.
Legal System
 American
legal system is made up
of 2 court systems:
 Federal
 Deals
with laws on a national level
 State
 Each
state is different
Federal Criminal
Law

Police Force- Federal Bureau of Investigation
(FBI).







Investigate matters that cross state lines
Terrorist Attacks
Cyber Based Attacks (high technology crimes)
Violations of federal laws by public officials
Protect Civil Rights
Fraud
Significant Violent Crimes
State Criminal Law
 “State
Police Power”
 Each
state government has the
power to make criminal laws
 Many
states have similar laws but
the name of the law may be
different
 Example:
One state may call it “theft”
another may call it “Stealing”
Elements of a Crime
1.
Criminal Act
2. Required State of Mind
Criminal Acts
 List
some rules of OHS…
 Must
go to class
 Must not bring guns to school
 Must abide by the dress code
 Criminal
law describes conduct that is
forbidden, and conduct that is expected.
Elements Of A Crime

Criminal Act

Must describe the specific conduct the law
forbids
Theft stealing another person’s property
 Robbery Stealing another person’s property
through violence or threat of violence


Sometimes NOT doing something is a crime


Not paying taxes
Must be voluntary; can’t be a person’s
condition

Being an alcoholic isn’t a crime, driving a car
while intoxicated is.
Elements Of A Crime

Required State of Mind

Intent- state of one’s mind at the time one carries
out an action

Murder
Required State of Mind Intent
 Intending to take a person’s life


Involuntary Manslaughter
Required State of Mind Negligence
 Defendant was negligent or careless, because of
this, another person died.

Motive
 Probable
reason a person committed a
crime
 Motive plays no part in proving that a
person committed a crime.
 All that is needed is a defendant’s
Required State Of Mind
 A motive only helps explain why a
defendant did what they did.
Scenario…
 The
police stopped a car that was
weaving in traffic. The driver was
intoxicated. It was later determined that
the driver was in a program for Alcoholics.
 Can
this woman be prosecuted for a
crime? Why or why not?
Defense To Crimes

Defendants have several possible defenses
they may use to try to explain their actions.

Main defenses for defendants in criminal
cases include:




Insanity
Entrapment
Self-Defense
Defense of A Family Member
Insanity
 Person
did not know the difference
between right and wrong when he or she
committed the crime.
 Tests exist to determine insanity
 Defendant must have a mental disease
so serious that he or she does not know
the difference between right and wrong
when committing the crime.
Insanity




Oldest legal test of insanity is called the
M’Naghten Rule
This rule goes back to an 1843 English case
A man named Daniel M’Naghten was
acquitted of killing the Prime Minister’s
secretary because he was insane and did not
know what he was doing.
Under this rule, a defendant must have a
mental disease so serious that he or she does
not know the different between right and
wrong.
Insanity

Irresistible Impulse Test

Defendant must have a mental disease that
makes telling the difference between right and
wrong impossible or makes the defendant
unable to stop him-or herself from committing
the crime.

People found not guilty by reasons of insanity
DO NOT go free. They must go to a mental
institution to receive psychiatric treatment.
Only when they are found to be “sane” are
they released.

American Law Institute Insanity
Testing
 More
modern test
 Defendant must have a mental disease
so serious that he or she lacks substantial
capacity either to appreciate the
criminality of his or her conduct or to
conform his or her conduct to the
requirements of law.
Entrapment
A
person is tricked into committing a
crime by a police officer.
 Defense

states:
If they weren't tricked, they would have
never committed the crime.
Self Defense

Defense:




When a person believes they were in imminent
danger and had no choice but to use force to
protect themselves.
In some states, the person must try to run away at
first.
Running away is not necessary if in their own
home.
Cannot be used if the defendant started the
confrontation or continued to use force after
danger was gone.
Defense of Family Member

Defense:



A person can use force to protect family members
who are in danger of being hurt or killed.
The rescuer must have good reason to believe the
victim was in danger of severe bodily injury or
death.
This defense cannot be used if the crime occurs
after the threat or harm has passed.

Example: a parent cant go after someone who
hurt their child if they have left the area or is no
longer capable of hurting the child.
Defense To Crimes Scenarios
 Read
each case scenario. Determine
whether you think the defendant
pleaded:



Insanity
Self-Defense
Entrapment
 Include
a reasoning for why that defense
was chosen.
Defense to
Crimes
OUTCOMES!
Lorena Bobbitt Outcome
 The
jury deliberated and Lorena was
acquitted of her charges. She was
however ordered to go under psychiatric
evaluation for 45 days and was released
thereafter. In the aftermath of the much
publicized trial, she appeared on the
Oprah Winfrey Show to talk about her
experience and has since been an
advocate for domestic violence.
Jeffrey Dahmer Outcome

In the trial, Dahmer pled not guilty by reason
of insanity. The plea was subsequently
rejected and Dahmer was convicted of all 15
murder charges and sentenced to 15
consecutive life sentences. The case was
seen by many as the death of the insanity
plea. They contended that if a deranged
criminal like Dahmer is rejected on the insanity
plea, then no other criminal would qualify for
the defense.
John Wayne Gacy Outcome


He pled not guilty by reason of insanity. His defense team
actually attempted to argue that all of the 33 murders
were due to accidental erotic asphyxiation, a claim which
was quickly refuted by the county coroner. Gacy was
found guilty of each murder and was sentenced to death
by lethal injection. Even after his sentencing, he continued
to draw controversy.
During his 14 years spent on death row, Gacy painted
various drawings which were sold for amounts up to
$9,500. This drew the ire of the community towards Gacy
for making money from the sales and the art exhibitions
held in his name, leading to communal bonfires in which
the paintings were bought for the sole purpose of being
burned.
John Wayne Gacy Outcome
 Not
only that, Gacy also inspired films and
books which chronicled his killings and life.
One of the more notable books was written
by Jason Moss, who was so fascinated by
serial killers that he established
communication with Gacy on death row,
pretended to be a gay hustler, visited him
face to face, and claimed he was almost
Gacy’s final victim. He was dubbed as a
serial killer groupie due to his intense
fascination and in 2006, Moss committed
suicide from a gunshot to the head.
Ed Gein Outcome
 Gein
pled not guilty under reason of insanity
and was deemed legally insane. After an 11
year stint in the hospital for the criminally insane,
he was tried in 1968 and was found guilty of first
degree murder. Gein served a life sentence in a
mental hospital until his death. Gein gained
further notoriety because the county sheriff Art
Schley was so horrified by the severity of his
crime that he assaulted Gein during
questioning.
Ed Gein Outcome
 He
subsequently suffered a heart attack and
died a month after testifying at the trial. In
modern day pop culture, Gein served as
character inspirations to a myriad of famous
horror movie franchises. Gein tops the list for
being most notorious due to the film industry’s
obsession with Gein, immortalizing him in
seemingly literal depictions of his character
such as Leatherface in Texas Chainsaw
Massacare and Buffalo Bill in the Silence of the
Lambs who were fond of grotesque
dismemberment and skinning of their victims.
Jonathan Schmitz Outcome

This is a special entry because of the defense used,
known as the gay panic defense. It is defined as a state
of temporary insanity caused by undesirable
homosexual advances. It is controversial because it is a
little known psychosis and its validity is widely debated
within jurisdictions. The media then lampooned the
case as the Jenny Jones trial. Despite the defense,
Schmitz was found to be guilty of second degree
murder and sentenced to 25 to 50 years of jail. The
Jenny Jones Show was also later sued for negligence,
for creating a hostile scenario without considering the
potential consequences. They were found guilty but
the judgment was overturned on appeal.
John Hinckley’s Outcome
 Hinckley’s
defense team pled for insanity defense
and succeeded, he was acquitted of all of his 13
charges of assault, murder and weapon counts.
Due to the high profile of the case, the public
perceived the insanity defense as a loophole in
the legal system which allowed a clearly guilty
criminal to dodge incarceration. The controversy
laid in the fact that prior to the assassination
attempt, the insanity defense was only used in 2%
of the felony cases and in those cases failed over
75% of the time. Nonetheless, most states were
pressured to reenact reforms of legislation
regarding the use of the insanity defense.
Robin Garrison Outcome

The case is just one of the more extreme examples of
police stings aimed at luring people into committing
crimes, a tactic that has resulted in hundreds of
arrests, many convictions and plenty of controversy.
Law enforcement officials say that such sting
operations are an extremely effective means of
lowering crime rates and stopping the criminally
minded before they commit worse offenses. [...] But
such operations veer dangerously close to
entrapment, say lawyers, civil libertarians and
defendants who’ve been caught in sting operations.
Joseph Sherman Outcome
Considering
the government
agent's relentless efforts not
only to obtain drugs but to
convince Sherman to abandon
his treatment and return to a
life of addiction, the court said,
"We conclude from the
evidence that entrapment was
established as a matter of law."
Lopez Outcome
 Arguing
entrapment, Lopez
appealed his subsequent
conviction to the Supreme Court,
which had no difficulty in deciding
that the agent had merely afforded
an opportunity for a continuing
course of criminal conduct by a
willing criminal, without overbearing
inducements. The court ruled, "It is
evident that entrapment has not
been shown as a matter of law."
In The News!
 Bathroom
 Man
Fine
Arrested twice in 12 Hours
Agenda
 Test
 2.1
2.1!
Review & Study Guides DUE!
 Article
 On
Response
a scratch piece of paper, write
down 1-2 questions for Office
Nehring regarding Crime
2.2 Types of
Crimes
Types of Crimes
Crimes
Against People
Crimes Against Property
Crimes Involving Businesses
Crimes Against Government
Crimes Against Society
Motor Vehicle Violations
Crimes Against People
Murder
Manslaughter
Assault
and Battery
Kidnapping
Sex Offenses
Domestic Violence
Murder
 Defined:
Intentional killing of another
person
 1st degree- one of the following
conditions:
 Killing
after making a detailed plan
 Killing in an especially vicious way such as
torture, killing while committing another serious
crime
 Only
1st degree is punishable by death
2nd Degree Murder
 Killing
with malice (desire to cause harm)
 Intentionally killing someone without planning to
do so in advance.
 Example:
If a person becomes angry, walks
over to a desk where he keeps a gun that is
kept just for his protection, takes out the gun
and shoots another person, they may be
charged with 2nd degree murder.
 There was no plan or advance decision to
kill. It would still be second degree murder
because the act of taking out the gun and
shooting was intentional.
2nd Degree Murder Example
 Zimmerman,
28, shot and killed 17-yearold Trayvon Martin Feb. 26 in a gated
community in Sanford, Fla., where Martin
was visiting his father and his father's
girlfriend.
 Zimmerman served as captain of the
neighborhood watch and told police that
he shot Martin in self-defense after the
teen attacked him. Martin was unarmed
at the time of his death, according to
police.
Manslaughter
 Defined:
Killing another person
without intent
 Voluntary: when someone kills a
person while in a state of great
distress and without a prior plan to
kill
 Involuntary: when someone kills
another person accidentally while
committing an unlawful or reckless
act

Involuntary Manslaughter- Because I said I would
Homicide
 The
killing of a human being by another
human being
4
types:
Murder
Manslaughter
Justifiable
Excusable
Justifiable vs. Excusable
 Justifiable

Justified



& Excusable Homicide = Not Crimes
Self-defense Done to prevent a very serious crime such
as rape, armed robbery, manslaughter or murder
in the line-of-duty (soldier) or police officer
Excusable not chargeable, not punishable




Committed by accident in the course of doing any lawful
act by lawful means
Committed without intent
Committed in the heat of passion
Committed without any dangerous weapon used and not
done in a cruel manner.
McDonalds Parking Lot Homicide
Excusable Homicide
Assault and Battery
 Assault
 Attempt
to commit battery, must have
ability to act
 Pointing and shooting a gun
 Battery
 Unlawful
touching of another person
 Forceful use of hand, weapon or other
object
 The bullet striking the person
 Simple
assault and battery are usually
misdemeanors
Assault and Battery
 Aggravated
= the crime must be
committed with deadly weapon or with
the intent.
 Intent
to murder, intent to commit rape, or
intent to commit robbery
 Aggravated
FELONY
Assault and/or Battery =
 http://www.alaskadispatch.com/article/2
0130812/fatal-dui-accidents-whatdetermines-murder-or-manslaughtercharges
Kidnapping
 Unlawful
removal or restraint of a person
against his or her will
 Usually the person is threatened or
forced to be captive.
 Usually done for a motive or a reason.
 Under
most state laws the distance involved in
the unlawful movement of the victim does not
matter
 Abduction-
to seize and take away by force.
(usually divorce cases). Usually the abductor
has some type of relation to the victim.
Sex Offenses
Rape
Date/Acquaintance
Statutory
Rape
Rape
 Statutory: a formal written
enactment of a legislative
authority that governs a country
Typically, statutes command or
prohibit something
Applies to situation in which the
victim is under age
Sex Offenses
Age
of consent
The
age at which a person is
deemed by Illinois law to be
capable of consenting to,
and engaging in, sexual acts.
Age
of Consent IL = 17
Rape
Most
people envision rape
as a crime involving literal
force, this is only a small
percentage of rape that
occurs.
Rape is also defined as lack
of legal consent.
Consent to sex
 Incapacitated
people are unable to
consent to sex, whether because they’ve
drunk alcohol (even, in many states, if
they’ve done so knowingly and
voluntarily), taken prescription or illegal
drugs, or are developmentally disabled.
 It doesn’t matter whether they chose to
drink or whether someone spiked their
drink, it’s whether they’re capable of
consenting. If you are intoxicated you are
NOT capable of consenting to sex.
Rape
 Defense
in a rape case is often:
 “The woman consented even though
she was intoxicated and simply
regretted the sexual encounter
later.”
 ‘It’s not rape; it’s regret,’ or, ‘It’s
buyer’s remorse.’”
 What a jury will look at is was the
victim able to consent. If they were
intoxicated they cannot consent!
Illinois Rape Law
 Aggravated
sexual
assault for sexual
penetration by an
offender under age 17
with a victim under age
9.
 Predatory
criminal sexual
assault of a child for
sexual penetration by an
offender age 17 or older
and a victim under 13.
 Six
to 30 years in
prison
 Six
to 30 years in
prison
Sex Offenses
 Criminal




Sexual Abuse
Victim = 13-17 yrs old
Offender is less than 5 years older
Ex. Victim is 16, Offender is 18 years old (or
younger)
Up to 1 year in prison
 Aggravated




Criminal Sexual Abuse
Victim= 13-17 yrs old
Offender is more than 5 years older
Ex. Victim is 16, Offender is 21or older
3-5 years in prison
Sex Offenses
Anyone
who engages in
sexual activity of any type
with a partner under the
applicable Age of Consent is
breaking the law and can be
charged with crimes ranging
from a misdemeanor to a
felony (statutory rape).
Sex Offenses
Laws
applies to both
men and women
A minor can be
prosecuted for
intercourse with another
minor.
Domestic Violence
Defined:
any reckless form of
physical or mental harm in a
family or household
Laws protect: children, spouses,
and other family members
Protect against: neglect,
mental abuse, or physical
abuse by another family
member
Crimes Against Property
Burglary
Larceny
Robbery
Vandalism
Burglary
 Official
Definition: Breaking and entering into a
house at night to commit a felony
 Expanded
Definition: daytime breaking and
entering, breaking and entering other than homes,
breaking and entering to commit a misdemeanor
 If
any part cannot be proven, then Burglary cannot
be officially charged
 http://www.myillinoisdefenselawyer.com/
Illinois Burglary Law
 Under
Illinois law, burglary is defined as: knowingly
entering or remaining within a building, trailer,
watercraft, aircraft, or motor vehicle, without
consent with the intent to commit a felony or a
theft.
 In general, burglary is classified as a Class 2
Felony, carrying 3 to 7 years in prison upon
conviction.
 However, if the burglary was committed on a
daycare or a place of worship, it can be
elevated to a Class 1 Felony, which carries 4 to 15
years in prison.
Burglary Example
 While
walking along a sidewalk after dark, a
man noticed a partly opened window. He
raised the window further, climbed inside,
and stole some expensive shoes.
 He was charged with burglary. Is this correct?
 Applying common law– no breaking has
occurred and technically he could be found
not guilty.
 Most state statutes today state that breaking
occurs when someone raises a partly opened
window.
Larceny
 Definition:
the unlawful taking of
someone’s personal property with the
intent to keep the property away from that
person
 Legal term for stealing
 Petty Larceny – Misdemeanor: States have
rights to set value $300 - $500
1
yr in jail and up to $2,500 fine
 Grand
Larceny – Felony: stealing more
than state’s set level for petty larceny
 1-7
yrs in jail and up to $25,000 fine
Robbery
Definition:
The wrongful
taking of someone’s property
to threatening violence or
using violence
Penalty
larceny
is greater than
Robbery Example
Stephanie
is a cashier at a
convenience store. As she is working
one night, a man comes in, points a
gun at Stephanie, and demands
money from the register drawer.
This would be armed robbery
because the robber has forcefully
taken the money from the cashier
against her will.
Vandalism
 Definition:
willful or malicious
damage to property
 Malicious
damage
 To
mischief or criminal
be guilty, person does not have
to be the one who actually does
the damage.
Vandalism Case
 RUTLAND,
Vt. (AP) — Police in Rutland, Vt., have
arrested three teens in connection with
vandalism of about 100 cars, residences and
businesses.
 Police said BB guns were fired at the cars and
properties, resulting in broken windows and
thousands of dollars in damages.
 Two of the three arrested Thursday are 17 and
one is 18. Two are from West Rutland and the
other is from Castleton. They are scheduled to
be in court on Feb. 4 on multiple counts of
unlawful mischief.
Crimes involving Business
 Embezzlement
 Shoplifting
 Fraud
 Money
laundering
 Arson
 Forgery
 Also
called “White Collar” Crimes
Embezzlement
 Wrongful
taking of property by someone
lawfully entrusted with possession and
control of that property.
 Often
committed by an agent or
employee of a business who has the
power to write checks and to withdraw
funds from the firm’s bank account
Dane Cook Case



The famous embezzlement case involving comedian
Dane Cook came to a conclusion in 2010 when courts
found Darryl McCauley, Cook's half brother, guilty of
embezzling millions of dollars. The embezzlement took
place between 2004 and 2008, during which time
McCauley served as Cook's business manager.
Cook and his half brother had worked together since
the start of the comedian's career early 1990s. Finding
the business manager guilty of 27 counts of larceny,
as well as forgery and embezzlement.
Massachusetts's courts sentenced McCauley to five to
six years in prison. The incident involving the largest
amount of money included a check for $3 million
McCauley wrote to himself and forged Cook's
signature on.
Girl Scout Embezzlement



In February 2011, courts charged Girl Scout troop
leader Christa Utt with embezzling more than $5,000
from the organization. Utt embezzled funds from the
sale of cookies, as well as from a donation made at
the request of the deceased mother of one of the
troop members.
This case proved part of an ongoing chain of Girl
Scout embezzlement cases that have attracted
national attention in the United States during the early
years of the 21st century.
In 2009, California-based Girl Scout bookkeeper
Janet Daily embezzled $13,000 from the organization,
while Laura Towery Farrell of North Carolina
embezzled nearly $8,000 from local Girl Scouts in
2007.
Shoplifting
 Stealing
goods from a store.
 Costs American consumers billions of
dollars each year because prices are
raised to make up for the loss.
 Can
someone be charged with
shoplifting if they place merchandise in
their pants/shirt and get caught before
leaving a store?
 Yes!
Fraud
 When
a person or business engages in
some form of deception to obtain
money or property.
 Mail
Fraud Using the US Postal Service
to commit fraud
 Wire Fraud Using the telephone or
other forms of electronic
communication, such as the internet to
commit fraud.
 Real House Wives Wire and Mail Fraud
Mail Fraud
To
be convicted of mail fraud,
one must do all of the following:
 Purposefully
create a plan to
defraud an individual or institution
 Display intent to commit fraud
 Mail something—for the purpose of
carrying out a fraudulent scheme—
through the USPS or a private carrier
Mail Fraud
 An
Arizona man was convicted of mail fraud
and sentenced to five years of supervised
probation, nine months of home detention,
and $1 million in victim restitution after
executing the age-old envelope-stuffing
scam.
 The man ran ads in national magazines,
promising to send stuffing materials to
everyone who mailed money for supply costs
($18 to $36) to his fictitious company. He
mailed instructions on how to run an
envelope-stuffing business but no actual
materials.
Wire Fraud
There
are 2 major factors that
determine if a crime is wire fraud:
 One
willfully devised or intended to
devise a scheme or means to defraud
another person of money or property
with the intent to defraud.
 They must do it through the use of
interstate wire facilities, such as
telephone, television, email or the
internet.
Wire Fraud
Serious Federal Crime
You
can face up to 20
years in jail and face fines
as high as 1 million dollars.
Wire Fraud Case



A solider from South Texas pled guilty to the federal
crime of wire fraud conspiracy that apparently arose
out of a recruiter bonus program. The soldier had been
accused of taking part in a scam over a five year
period, starting in 2005 and ending in 2010.
The scheme reportedly constituted "recruiting"
individuals who were already in the military. The soldier
in this case was one of several soldiers who were
charged with the crime. Some of the soldiers
apparently paid civilian contract military recruiters and
other active-duty soldiers for the names and social
security numbers of those who had already enlisted.
Throughout the five year period, the soldier along with
the others involved amassed a total of $244,000
Money Laundering
 When
criminals obtain large amounts
of money illegally, they need to hide
the money.
 They do this by putting the money into
legal businesses to launder it.
 The federal government has passed
laws to prosecute any persons
involved in money laundering even if
they did not steal the money
themselves.
 Money
Laundering Breaking Bad
Arson
Common
Law: Willful and malicious
burning of someone else’s house.
Today: Arson = burning of any
building.
Sometimes business owners finding
themselves on the verge of
bankruptcy will destroy their own
property to collect the insurance on
it.
Arson
The
scorching or blackening of
a part of a building is not
enough to be considered
arson.
Some portion of the building
must actually have been on fire
so that the wood or other
building material is charred.
Punishment for Arson
Felony-
Class 2, Class 1, or Class X
 Depending
on Value
 7-30 yrs in jail
If
building is occupied: Attempted
murder
Owner of building can also sue for
civil damages
 The
value of the house, everything in it,
plus relocations costs, rent on the hotel
room until they get a new place, mental
anguish, etc.
Forgery


Placing a false signature on a check or other
document with to intent to deceive someone in
order to deprive that person of his or her
property.
Punishment: Felony




Subject to fine and imprisonment
Forgery doesn’t require the property actually
change hands. Once the false signature is place
on the check, the signer has committed forgery.
Must be intent to defraud or deceive
Forging Perscriptions
Crimes Against The
Government
Treason
Perjury
Obstruction
of Justice
Contempt Of Court
Bribery
Treason
Article
III, Section 3 of the US
Constitution
Waging war against the United
States, or giving aid and comfort
to the enemies of the United
States.
This is the only crime mentioned
in the constitution
Treason Case



United States v. Adam Gadahn, 2006. In October
2006, the Department of Justice announced its first
treason indictment in more than 50 years.
The target of the indictment is Adam Gadahn, an
American-born spokesman and operative for alQaeda.
Adam got a job in a computer store and started
studying Islam; he converted to Islam in 1995.
Authorities believe he moved to Pakistan in 1998
and married an Afghan refugee. He stopped
communicating with his family in 2001, around the
time that al-Qaeda's media arm, As-Sahab,
released its first video — a production Gadahn is
believed to have been heavily involved in, if not
responsible for.
Treason Case Cont…
 Since
2004 he has appeared in several alQaeda videos as "Azzam the American,"
threatening attacks on other world cities
and denouncing the United States, Israel,
and Zionism.
 Most recently, he appeared in a March
2010 video that called for American Muslims
to follow the example of Nidal Malik Hasan,
the Fort Hood shooter, in taking up arms "to
reap the rewards of jihad and martyrdom."
Still at large, he is on the FBI's Most Wanted
list.
Perjury
When
a person lies under oath during
a court process or an administrative
procedure.
The lie must involve a fact that is
material to the proceeding.
Perjury Case
St.
Johns Shooting Article
Obstruction of Justice
When
an individual does
something that hinders the ability
of the court to move forward in a
judicial proceeding.
It might involve suppressing
evidence or shielding someone
from arrest.
 Obstruction
Of Justice
Contempt of Court
 When
an individual ignores a
court order or shows lack of
proper respect for the integrity of
the court.

Casey Anthony Contempt Of Court

Contempt Of Court- Casey Anthony- outburst
Bribery
 Giving
money or property to a public
official in exchange for a favor from that
official.
 Both
person offering bribe and public
official accepting the bribe are guilty of
bribery.
 WalMart
Bribery Case
Crimes Against Society
Disorderly
Rioting
Conduct
Disorderly Conduct
An
activity that threatens to
disrupt the social order, to
endanger public safety, or to
jeopardize the health of the
public at large.
 Snooki-
Jersey Shore Arrest
Rioting
 An
activity that generally requires a
gathering of at least 3 individuals who:
 threaten
to harm people or
 to damage property,
 or who violently commits one or the other of
those offenses.
 Lakers
Vs. Celtics Riot
Motor Vehicle Violations
A
license to drive a vehicle is a privilege, not
a right.
 If drivers abuse the privilege, they will lose it.
 All drivers who ignore traffic laws are treated
the same.
 All people- young drivers, or experienced
drivers, may be tried in traffic court and can
be fined.
 License can also be suspended or taken
away permanently.
Motor Vehicle Violations
 Many
riding.
states outlaw drag racing and joy
 Drag
Racing- racing two vehicles side by
side or timing vehicles that separately run
a prearranged course.
 Everyone
who joins in is liable!
Joy Riding
 Joyriding-
taking a vehicle without the
owners permission.
 Joyriding differs slightly from the crime of
auto theft because the perpetrator of
joyriding does not generally intend on
taking the vehicle permanently.
 You do not have to be the driver in a
joyriding offense to be charged with a
crime.
 Alternatively, you do not have to cause
damages to person or property in order
to be charged with joyriding.
What’s In The News?

Obstruction of Justice- Tampering With
Evidence

Ride Operator- Assault Charges

Conspiracy, Bribery, Mail Fraud

Extortion, bribery, money laundering,
insurance fraud
Types of Crimes Scenarios
Read
through the scenarios and
determine which type of crime has
been committed.
Choose
from the options on the top
of your worksheet.