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Chapter 5 Crimes Offenses Against Society • When a crime occurs, society, acting through such employees as police and prosecutors, attempts to identify, arrest, prosecute, and punish the criminal. • PROTECT SOCIETY-NOT AID VICTIM! Elements of Every Crime • A duty to do (or not to do) a certain thing. • An act or omission in violation of that duty. • Criminal Intent DUTY • Very easy to prove. – Simply State the Law (statutes) – Lawyers, police, prosecutors just cite a statute to the judge. – BACK Violation of that Duty • The breach of the DUTY. • This is the specific CONDUCT of the person. • Evidence, such as witnesses, can prove the breach. • BACK Criminal Intent • Must be proved. – 1. intended to commit the act. – 2. intended to do evil. • Corporations can have criminal intent. – Employer can be held responsible for employees criminal intentions. – Employees doing something illegal because they were told to (vicarious criminal liability) • Age and Criminal Intent. – Less than 7-no intent. – 13-Up can be tried as adults. • Mental Capacity – Insane/Mentally Challenged –No intent. • Less Serious CrimesNo jail time (intent not required). • Carelessness-Requires no intent. Overview of Criminal Conduct • Person: assault, battery, kidnapping, rape, murder. • Property: Theft, robbery, embezzlement, receiving stolen property. • Government: Treason, tax evasion, bribery, counterfeiting, perjury. • Public Peace/Order: Rioting, concealed weapons, drunk, disorderly conduct. • Realty: Burglary, arson, trespass. • Consumers: Worthless securities, food and drug laws. • Decency: Bigamy, obscenity, prostitution, contributing to minor. Felony vs. Misdemeanor • Jail/Prison Time: More than 1 year or execution. – – – – – – – – – Larceny Bribery Conspiracy Buy/Sell Narcotics Receive Stolen Property Forgery Extortion Arson Computer Crime • Less Serious Crime: Less than 1 year in jail, fine, or both jail and fine. Larceny False Pretenses Conspiracy Receive Stolen Property – Extortion – Computer Crime – – – – Business-Related Crimes • White Collar Crimes: – Generally No Physical Violence. – Well-Educated and respected members of community. – Defrauding consumers, false advertising, embezzling etc. • Antitrust Laws: – Businesses to compete. – No fixing prices – No dividing regions. Larceny-BOTH • THEFT • Wrongful taking of money or personal property. • Robbery: Taking things off the immediate person, causing fear. • Burglary: Entering a building without permission and stealing. Receiving Stolen Property-Both • Knowingly receiving or buying property known to be stolen. False PretensesMisdemeanor • Obtaining money or property by lying about a past or existing fact. Forgery-Felony • Falsely making or materially altering a writing to defraud another. Bribery-Felony • Unlawfully offering or giving to a government official anything of value to influence performance of an official duty. Extortion-Both • Commonly known as blackmail. Conspiracy-Both • An agreement between two or more persons to commit a crime. Arson-Felony • Willful and illegal burning of a building. Selling and Buying narcotics-Felony • Transporting, selling, offering to sell, or possessive Computer CrimeBoth • Accessing, altering, damaging, or destroying without authorization any computer. • Even accessing another’s computer without authorization is a crime. Rights of the arrested • Due Process • Fair Procedures • Not testify against themselves. • Right to crossexamine witnesses • Right to attorney Responsible for Criminal Conduct of another • Aids someone in a crime. – Lookout or driver – Helps plan • Someone is killed while committing a felony-all are guilty of homicide. Defenses to criminal charges • Procedural Defenses – Problems with: • how evidence is obtained • How accused is arrested, questioned, tried, or punished. – Ignorance is NO Defense. • Substantive Defenses – Disprove, Justify, or excuse the alleged crime. • • • • Eyewitness Self-Defense Criminal Insanity Immunity Self-Defense • The use of force that appears to be necessary to prevent death, serious bodily harm, kidnapping, or rape. • May NOT use deadly force when non-deadly force is enough. • Only Non-Deadly Force to protect or recover property. • Back Criminal Insanity • When a person does not know the difference between right and wrong. Back Immunity • Freedom from prosecution even when one has committed the crime charged. – Agree to testify against another. – If they refuse after they said they would they would be charged with “Contempt of Court”. Punishment for crimes • Any penalty provided by law and imposed by a court. • Purpose is to Discipline the wrongdoer. • Plea Bargain: Pleading guilty to a less serious crime in exchange for having a more serious charge dropped.