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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.
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–
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–
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–
–
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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.