Chapter 2.2 PowerPoint Notes - Community Unit School District 308

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2.2 Types of
Crimes
Types of Crimes
Crimes
Against People
Crimes Again Property
Crimes Involving Business
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
 Otherwise,
its 2nd degree
 Only 1st degree is punishable by death
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
Homicide
 The
killing of a human being by
another human being
 Murder
and Manslaughter =
Homicide
 Justifiable
& Excusable Homicide =
Not Crimes
-- Self-defense, line-of-duty
-- not chargeable, not punishable
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 =
Kidnapping
Unlawful
removal or restraint of a
person against his or her will
Usually the person is threatened
or forced to be captive
 Under
most state laws the distance
involved in the unlawful movement of
the victim does not matter
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
Sex Offenses
 The
older partner commits criminal
sexual abuse if he or she commits an
act of sexual penetration or sexual
conduct with a victim who between
13 and 17 years of age and the
accused was less than 5 years older
than the victim. This charge is raised to
criminal aggravated sexual abuse if
the perpetrator is over five years older
then the victim.
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
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.
 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 - $1,000
 Grand Larceny – Felony: stealing
more than state’s set level for petty
larceny
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.
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
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.
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.

 Rioting
at UMASS after Patriots lose Super Bowl
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
 May
states outlaw drag racing and joy
riding.
 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.
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