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Crime – a punishable offense against society Elements of a Crime: › A duty to do or not to do a certain thing › Criminal Act - An act or omission in violation of that duty › Criminal Intent – Intent to commit the act and do evil Crimes against a person: assault and battery, kidnapping, rape, murder Crimes against property: theft, robbery, embezzlement Crimes against the government: treason, tax evasion, perjury Crimes against public peace: rioting, disorderly conduct, speeding Crimes against realty: burglary, arson, trespassing Crimes against consumers: fraudulent sale of securities, violation of pure food and drug laws Crimes against decency: bigamy, obscenity, prostitution Felony – a crime punishable by more than 1 year in prison and/or a fine of more than $1,000 In some cases, a felony can also be punishable by death. Misdemeanor – a crime punishable by less than 1 year in prison and/or a fine Infraction – a less serious misdemeanor only punishable by fines Embezzlement – the taking another person’s money or property by a person whom it was entrusted to Perjury – lying under oath Larceny (theft) – the wrongful taking of money or personal property with intent to deprive the owner of possession › Robbery – taking of money or property from a person against their will by force or causing fear › Burglary – entering a building without permission with intention to commit a crime › Shoplifting, pick-pocketing, purse snatching Receiving Stolen Property – knowingly receiving or buying property known to be stolen with intent to deprive the rightful owner of the property False Pretenses – obtaining money or property by lying about a fact Forgery – falsely making or altering a writing to defraud another Bribery – unlawfully offering or giving anything of value to influence performance of an official Extortion (blackmail) – obtaining money or other property from a person by wrongful use of force, fear, or power Conspiracy – an agreement between 2 or more people to commit a crime Arson – the willful and illegal burning of a building Your rights when arrested: › Fair procedure during an investigation and in › › › › court Defendants may not be compelled to testify against themselves Cross-examination of witnesses Right to be represented by a lawyer Must be proven guilty beyond a reasonable doubt A person who aids another person in the commission of a crime is also guilty of criminal wrongdoing. One who plans the crime or intentionally helps in the act is guilty of the same crime. Example: If someone is killed during the commission of a felony, all accomplices are guilty of the homicide. Defense – establishing a way for the defendant to escape liability Procedural Defenses – defenses based on problems with the way evidence is obtained or the way the accused is arrested, questioned, tried, or punished Substantive Defenses – ways to disprove, justify, or excuse the alleged crime by discrediting facts established by the prosecution Self-defense – use of force necessary to prevent death, serious bodily harm, rape, or kidnapping Criminal Insanity – exists when the defense can prove the accused does not know the difference between right and wrong Immunity – freedom from prosecution even when that person has committed a crime › A witness who refuses to testify after being granted immunity is in contempt of court Punishment - any penalty provided by law and imposed by a court Plea Bargain – agreeing to plead guilty to a less serious crime in exchange for having a more serious crime dropped › Gives up right to trial to avoid risk or harsher punishment if convicted Torts – a private or civil wrong against an individual If a tort is committed, the victim can sue and obtain a judgment for money damages. Elements of a tort: › Duty › Breach › Injury › Causation (Proof) Duty – a legal obligation to do or not to do something › We have duties to not injure another person’s body, reputation, or privacy; not to interfere with other’s property rights; not to interfere with other’s economic rights Breach – a violation of the duty Injury – a harm that is recognized by law Causation (proof) – Proof that the breach caused the injury › Proximate Cause – when it is reasonably foreseeable that breach of duty will result in an injury Intentional Torts – torts for which the defendant intended either the injury or the act Assault – when one person intentionally threatens to physically or offensively injure another Battery – an intentional breach of the duty to refrain from harmful or offensive touching False Imprisonment – depriving a person’s freedom of movement without the person’s consent and without privilege Defamation – injuring someone’s reputation by issuing false statements › Written = Libel; Spoken = Slander › Statement must be false, communicated to a third person, or brings the victim contempt or ridicule by others Invasion of Privacy – the unwelcome and unlawful intrusion into one’s private life to cause outrage, mental suffering, or humiliation Trespassing – entry onto property without the owner’s consent Conversion – if the right to control and use a possession is violated › Right is violated if the possession is stolen, destroyed, or used in a manner inconsistent with the owner’s rights Interference with Contractual Relations – when a third party entices or encourages the breach of a contract Fraud – intentional misrepresentation of an existing important fact Negligence – the most common tort; intent is not required, only carelessness The Reasonable-Person Standard – a duty that requires us to act with the care, prudence, and good judgment to not cause injury to others Defenses to negligence: › Contributory (Comparative) Negligence – when a plaintiff’s own negligence was a partial cause for the injury › Assumption of Risk – when a plaintiff is aware of a danger but decides to subject themselves to the risk Strict Liability – even though the defendant was not negligent, they are liable if engaged in an activity that resulted in injury › Proof of both the activity and injury substitute for proof of a violation of a duty Examples: target practice, ownership of dangerous animals, sale of goods that are unreasonably dangerous Injunction – a court order issued for a person to do or not to do a particular act in order to prevent a tort Damages – a monetary award to the injured party to compensate for loss › Goal is to place in injured party back in the same position as if the tort never happened › Usually used to reimburse the plaintiff for lost wages, medical bills, pain, and suffering › Lawyers often get a percentage of the damages (25% - before, 33% - trial, 40% appeal) Evidence – anything the judge allows to be presented to the jury to prove or disprove facts Testimony – statements by witnesses under oath Witness – someone with personal knowledge of the facts of a case Subpoena – written order buy the judge commanding a witness to appear in court to testify Contempt of Court – action that hinders the administration of justice Verdict – the jury’s decision; Judgment – final result of a civil trial Writ of Execution – used if the defendant does not pay damages; the process by which a judgment for money is enforced; the court directs the defendant’s property seized or sold to pay the judgment