chapter 4 criminal law and procedure
DESCRIPTION
CHAPTER 4 Criminal Law and Procedure. 4-1 Criminal Law 4-2 Criminal Procedure. 4-1 Criminal Law. GOALS Understand the three elements that make up a criminal act Classify crimes according to the severity of their potential sentences Identify the types of crimes that affect business. - PowerPoint PPT PresentationTRANSCRIPT
LAW for Business and Personal Use© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
CHAPTER 4Criminal Law and Procedure
4-1 Criminal Law4-2 Criminal Procedure
LAW for Business and Personal Use© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Chapter 4
SLIDE 2
4-1 Criminal Law
GOALS Understand the three elements that make up a
criminal act Classify crimes according to the severity of their
potential sentences Identify the types of crimes that affect business
LAW for Business and Personal Use© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Chapter 4
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CRIMES AND CRIMINAL BEHAVIOR
Elements of criminal acts Duty to do (or not to do) a certain thing -
to establish duty in a trial the prosecutor will cite the statute to a judge
Violation of the dutythe breach of this duty is the criminal act.
Criminal intentmust be proven1. defendant intended to commit the act2. intended to do evil
LAW for Business and Personal Use© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Chapter 4
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CRIMINAL INTENT
Issues for Corporations Can a corporation form criminal intent?
If the corporations employees have criminal intent, the employer can be judged to have criminal intent if the employees were doing their assigned duties and the criminal act
benefits the organization, most courts will find criminal intent Can officers be held criminally responsible if an employee
commits a crime? many times the answer is yes, under the doctrine of vicarious liability
(substituted liability) ie: president of company knows generally about dangerous working conditions, but does nothing and a worker is killed, president may be charged with homicide
LAW for Business and Personal Use© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Chapter 4
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CRIMINAL INTENT
Issues of age
under seven considered below the age of reason
seven to fourteen must prove they had knowledge
fourteen to seventeen kind of a gray area- will depend on crime
eighteen and up are adults
LAW for Business and Personal Use© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Chapter 4
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CRIMINAL INTENT
Issues Intent
sufficient mental capacity to know the difference between right and wrong
insane persons are not held responsible
normally neither voluntary intoxication nor use of drugs will be considered to affecting ones criminal intent
LAW for Business and Personal Use© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Chapter 4
SLIDE 7
CRIMINAL INTENT
When is intent not required
less serious crimes
jail time is unlikely ie: traffic offenses, extreme carelessness
LAW for Business and Personal Use© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Chapter 4
SLIDE 8
CHECKPOINT
What three elements must be proven at trial before someone can be convicted of a crime?1. duty to do or not do2. violation of duty3. intent
LAW for Business and Personal Use© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Chapter 4
SLIDE 9
CLASSIFICATIONS OF CRIMES
Felonies Serious crime punishable by confinement for more than one
year in a state prison or fine over $1,000 or both, or death Misdemeanors
Less serious crime punishable 1) by confinement in a county or city jail for less than one year, 2) by fine, or 3) by both confinement and fine~ can be classified as an infraction
White-collar crimes Criminals are generally well-educated, respected members
of the community
LAW for Business and Personal Use© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Chapter 4
SLIDE 10
CLASSIFICATION OF CRIMES BY PARTY, INTEREST, OR PROPERTY INJURED1. Crimes against a person (assault and battery, kidnapping, rape,
murder)2. Crimes against property (theft, robbery, embezzlement, receiving
stolen property)3. Crimes against the government and the administration of justice
(treason, tax evasion, bribery, counterfeiting, perjury)4. Crimes against public peace and order (rioting, carrying concealed
weapons, drunk and disorderly conduct, illegal speeding)5. Crimes against realty (burglary, arson, criminal trespass)6. Crimes against consumers (fraudulent sale of worthless securities,
violations of pure food and drug laws)7. Crimes against decency (bigamy, obscenity, prostitution, contributing
to the delinquency of a minor)
LAW for Business and Personal Use© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Chapter 4
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CRIMES AGAINST A PERSON
Homicide 1st degree Murder Felony Murder 2nd degree Murder Voluntary Manslaughter Involuntary Manslaughter
Negligent Homicide Assault & Battery Stalking Sexual Assault Rape Statutory Rape Acquaintance Rape Hate Crimes
LAW for Business and Personal Use© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Chapter 4
SLIDE 12
DEFINITIONS CRIMES AGAINST A PERSON Homicide – most serious
Criminal is committed with plan or malice, done with intent to kill or seriously harm, acting reckless without regard to others
Criminal homicide if: persons actions are without regard for another’s life and result in the killing of another
Homicide can be non-criminal: excusable or justifiable and is not subject to criminal charges
1st degree Murder premeditated, deliberate, with malice depraved indifference to human life
LAW for Business and Personal Use© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Chapter 4
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DEFINITIONS CRIMES AGAINST A PERSON Felony Murder
killing takes place during the commission of certain felonies Arson, rape, robbery, burglary no need to prove intent, malice assumed because homicide occurred
during a felony act 2nd degree Murder
without premeditation or deliberation intent existed at moment of murder/killing intentional but spontaneous
Voluntary Manslaughter victim has done something to cause a reasonable person to lose self-
control or act rashly violent argument occur just after the provocation punished less severely
LAW for Business and Personal Use© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Chapter 4
SLIDE 14
DEFINITIONS CRIMES AGAINST A PERSON Involuntary Manslaughter
no intent result of reckless conduct causing extreme danger of death or bodily injury
- ie: playing with loaded gun Negligent Homicide
failure to exercise reasonable or ordinary care vehicle deaths are most common
Suicide considered a plea for help psych exam and treatment helping can be murder or manslaughter
LAW for Business and Personal Use© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Chapter 4
SLIDE 15
DEFINITIONS CRIMES AGAINST A PERSON Assault & Battery
assault – attempt or threat to physically attack battery – unlawful physical contact
no injury necessary must intend bodily harm states have statutes for different classifications assault with intent to rob, murder battery defined by harm inflicted
Stalking repeatedly following or harassing make threats/cause fear
LAW for Business and Personal Use© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Chapter 4
SLIDE 16
DEFINITIONS CRIMES AGAINST A PERSON Sexual Assault
includes rape and attempted rape verbal threats of a sexual nature unwanted sexual contact/grabbing, fondling
Rape sexual intercourse without consent no consent if person is unconscious, mentally incompetent, impaired by
drugs or alcohol Statutory Rape
sexual intercourse between an adult and minor lack of consent is not an element since a minor is incapable of giving legal
consent trend is to protect victims “rape shield” past history not allowed
LAW for Business and Personal Use© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Chapter 4
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DEFINITIONS CRIMES AGAINST A PERSON Acquaintance Rape – parties know each other Hate Crimes
1969 statute covered Race Color Religion National origin
Amended 2009 to include Disability Sexual Orientation Gender Gender Identity
LAW for Business and Personal Use© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Chapter 4
SLIDE 18
BUSINESS-RELATED CRIMES
Larceny Receiving stolen property False pretenses Forgery Bribery
Computer crime Extortion Conspiracy Arson
LAW for Business and Personal Use© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Chapter 4
SLIDE 19
DEFINITIONS OF BUSINESS RELATED CRIMES Larceny – wrongful taking of money or personal property belonging to
someone else. Robbery – taking of property from another’s person or immediate
presence, against the victim’s will, by force or causing fear Burglary is another variation, entering a building without permission
Receiving Stolen Property – knowingly receiving or buying False Pretenses – obtain money or property by lying Forgery – falsely making or materially altering a writing to defraud another Bribery – unlawfully offering or giving to a governmental official anything of
value to influence performance
LAW for Business and Personal Use© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Chapter 4
SLIDE 20
DEFINITIONS OF BUSINESS RELATED CRIMES Extortion - blackmail Conspiracy – agreement between two or more persons to
commit a crime Arson – willful and illegal burning of a building Selling and Buying Narcotics Computer Crime
LAW for Business and Personal Use© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Chapter 4
SLIDE 21
PRELIMINARY CRIMES
Solicitation~ to ask, command, urge, or advise another to commit a crime
Attempt~ perform all the elements of a crime but fail to achieve
the criminal result
Conspiracy~ agreement between two or more persons to commit a crime
LAW for Business and Personal Use© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Chapter 4
SLIDE 22
PARTIES TO A CRIME Principal
~ person who commits the crime Accomplice
~ someone who helps the principal commit a crime Accessory before the fact
~ person who orders a crime or helps the principal commit the crime but who is not the present during the crime~ can usually be charged with the same crime as the principal
Accessory after the fact~ someone knowing a crime has been committed, helps the principal or an accomplice avoid capture or helps them escape
LAW for Business and Personal Use© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Chapter 4
SLIDE 23
CHECKPOINT
Name the three categories of crimes classified by the severity of their potential sentences.1. Felonies2. Misdemeanors3. White Collar