What is a Crime????
Punishable
offense
against society.
Designed
to protect society
from the criminal.
 Whether
you had a duty imposed by a
criminal statute to do (or not to do) a
certain thing.
 Whether you performed an act or
omission in violation of that duty.
 Whether or not you had Criminal
Intent.
 Duty: Everyone has a DUTY to abide by the law.
If not, you might be charged with a crime.
 Violation
of the Duty: a BREACH of Duty is
a criminal act (i.e. causing bodily harm, robbery,
etc.)
 Criminal
Intent: this determines the level of
seriousness (i.e. 1st degree murder vs.
manslaughter. Typically have to be 18, and it’s the
state of mind and motive behind the act.
Corporations are legal entities and
they can posses criminal intent:

If corporations employees have criminal
intent.

If employees were doing assigned duties
and criminal acts benefited the
corporation

If a corporation’s employees commit a
crime corporate officers can be held
criminally responsible. (Doctrine of
Vicarious Criminal Liability)

Vicarious means substituted.
Davis, the chief accountant of the Del Norte
Credit Union, cleverly juggled the company
records over a period of years. During that
time, she took at least $35,000 belonging to the
credit union. When the theft was discovered
by outside auditors, Davis repaid the money
with interest. Has she committed a crime
despite the repayment?
Crimes Against
Type of Crime
A person
Assault and battery, kidnapping,
rape, murder
Property
Government and
administration of justice
Public peace and order
Theft, robbery, embezzlement ($$)
Realty
Consumers
Burglary, arson, criminal trespass
Decency
Bigamy, obscenity, prostitution
Treason, tax evasion, perjury
Rioting, disorderly conduct, illegal
speeding
Fraudulent sale of securities,
violation of pure food and drug laws
Embezzlement
Treason
Tax
Evasion
Bigamy
Obscenity
Watch
This!

The police will investigate criminal matters, but
will not investigate civil matters.
Felony –

Serious crime punishable by
either confinement for
more than 1 year in state
prison or by execution
Misdemeanor

Less serious crime punishable
by:
1.
Confinement in county and
city jail less than 1 year.
2.
Fine
3.
Both
Infractions

lesser misdemeanors that if
convicted can only result in
fines.
NOTE: A person charges
with an infraction is not
entitled to trial by jury since
they cannot be imprisoned.
(Parking, Littering)
STATES WITH THE DEATH PENALTY
Alabama
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
Florida
Georgia
Idaho
Indiana
Kansas
Kentucky
Louisiana
Maryland
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
North Carolina
Ohio
Oklahoma
Oregon
Pennsylvania
South
Carolina
South Dakota
Tennessee
Texas
Utah
Virginia
Washington
Wyoming
ALSO
- U.S. Gov't
- U.S. Military
STATES WITHOUT THE DEATH PENALTY (YEAR ABOLISHED IN PARENTHESES)
Alaska (1957)
Hawaii (1957)
Illinois (2011)
Iowa (1965)
Maine (1887)
Massachusetts (1984)
Michigan (1846)
Minnesota (1911)
New Jersey (2007)
New Mexico* (2009)
New York (2007)#
North Dakota (1973)
Rhode Island (1984)**
Vermont (1964)
West Virginia
(1965)
Wisconsin (1853)
ALSO
- Dist. of
Columbia (1981)
With a partner classify the following as
either a FELONY or
MISDEMEANOR and explain your
answers.
Animal Cruelty
Public Drunkenness
Trespassing
Arson
Theft
Terrorism
Burglary
Indecent exposure
 Business
related crimes are often called
White Collar Crimes –Non-violent crimes
committed by businesses or business
people or against businesses.
“A crime committed by a person of
respectability and high social status
in the course of his occupation"
(Edwin Sutherland 1939).
Source: U.S. Department of Justice, Bureau of Justice Statistics, National Crime Victimization Survey
Crime
Larceny
Receiving Stolen
Property
False Pretenses
Forgery
Bribery
Definition
Wrongful taking of money or personal
property (similar to robbery/burglary)
Knowingly receiving stolen property
Obtaining money/property by lying about
a past/existing fact (type of fraud)
Falsely making or altering to defraud
another (altering a check amount)
Unlawfully offering or giving anything of
value to influence performance of an
official
Crime
Computer
Crime
Extortion
Conspiracy
Arson
Definition
Stealing of computer data and other
theft related to technology
Obtaining $$ or property from a
person by wrongful use of force, fear
or power of office
An agreement between two or more
persons to commit a crime
Willful and illegal burning of a
building
This was
extortion.
Business Related Crimes
Larceny
Felony or
Misdemeanor
False Pretenses
Misdemeanor
Bribery
Felony
Conspiracy
Felony or
Misdemeanor
Buy/Sell Narcotics
Felony
Receive Stolen
Property
Felony or
Misdemeanor
Forge ry
Felony
Extortion
Felony or
Misdemeanor
Arson
Felony
Computer Crime
Felony or
Misdemeanor
When one person helps another
commit a crime they are also guilty
of wrongdoing. One who plans the
crime or intentionally helps is guilty
of the same crime.
In most jurisdictions if someone is
killed during the commission of a
felony, all the people who
participated are guilty.
 Musk,
a career criminal, planned a bank
robbery. He sent Spiro and Adams to do the
“job”. He also had Greene steal a car and serve
as chauffeur and lookout. Spiro killed a bank
guard during the getaway. Who is guilty of
what crimes?
 ALL
are charged with car theft, armed robbery,
murder.
 Joe
agrees to let Mary copy from his
test paper. They are caught in the act
and both fail the test. Why does Joe
also fail?
What happened in
Texas??
 Corporations
can be criminally liable
for the conduct of it’s employees.
 Officers
of Corporation may be
criminally liable for the actions of
their managers.

Due Process - fairness in investigation and in
court
• Evidence presented against them cannot
be developed by unreasonable search and
seizures. They must have probable cause.

Right not to self-incriminate (you do NOT
have to testify)

Legal representation. (your own or appointed)
 Defendant
must be proven guilty
beyond a reasonable doubt. (No sufficient
basis placed in evidence that would logically
indicate that the defendant did not commit the
crime.)
 Procedural
Defenses
 Substantive
Defenses
 Based
on problems with the way evidence
is obtained or the way the accused person
is arrested, questioned, tried or punished.
 Ignorance
of the law is
not a defense.
 Example:
statute of
limitations on bringing charges.
 They
disapprove, justify, or excuse
the alleged crime. They discredit
the facts of the case.
 Self-defense,
criminal insanity and immunity are
substantive defenses
 Example:
degrees of murder (intent, where it
happened, circumstances involved, etc.)
 Will
and Zack, who were arrested for
possession of cocaine, signed a confession at
the police station.
At their trial, they claimed that their right to due
process had been violated. They said they had
not been advised of their right to remain silent
and to have a lawyer present when questioned.
If true, are those good defenses?
 Self-Defense
› Is the use of the force that appears to be reasonably
necessary to the victim to prevent death, serious bodily
harm, kidnapping, or rape.
› One may not use deadly force if non-deadly force appears
reasonable.
› Only nondeadly force may be used to protect or recover
property.
› This defense extends to members of one’s family and
household and to others who one has a legal duty to
protect.
 Criminal Insanity
› Generally exists when the accused does not
know the difference between right and wrong.
› If this is true there can be no criminal intent.
 Immunity
› Is freedom from prosecution even when one has
committed the crime charged. It is exchanged for
testimony
› Grants immunity to remove the privilege against selfincrimination.
› CONTEMPT OF COURT if refuse to testify after
being granted immune.
 The
purpose is to discipline the wrongdoer.
Punishment should deter others from similar
behavior.
 Often
the accused voluntarily gives up the right
to a public trial to avoid the risk of a greater
penalty if convicted. They plead guilty to a less
serious crime.
 OVER
90% RESULT IN A PLEA BARGAIN
Your Legal Vocabulary (p. 76, #1-11)
 Think Critically About Evidence (p. 77-78:
#18, 19, 22)
 WRITING ASSIGNMENT: Write ½-1 page essay
reviewing a case from the following Cyberlaw
website:
http://www.usdoj.gov/criminal/cybercrime/.
Do you agree? Should it be appealed if the
verdict was guilty? Was their procedural or
substantive evidence withheld?
