Criminal Law!

Types of Crime!Aim: What are the different types of Crime?

Crime vs. DevianceDeviance is behavior which goes against norms established by society.Deviance is subjective.Deviant acts are crimes only when a majority accepts that those acts should be punished.Not all crimes are considered particularly deviant.Criminal law defines acts the legislature has decided are so unacceptable, they must be prevented.

Types of CrimesClassified by seriousnessSix general categories

Crimes against persons (violence) Property crimes Public order crimes White collar crimes Organized crimes High-tech crimes

Violent Crimes

Crimes against personsFour categories

MurderSexual AssaultAssault and BatteryRobbery

Property CrimesMost common crime

Four categoriesLarceny/TheftBurglaryMotor Vehicle TheftArson

Public Order Crimes

Contrary to public values and moralsPublic IntoxicationProstitutionDrug Use

Linked to Consensus Model

Known as “victimless crimes”

White Collar CrimeBusiness related crime

Non-violent illegal acts by a business or individual to obtain economic advantageExamples

Martha StewartEnron

Organized CrimeIllegal acts by an organized group to satisfy society’s demand for certain goods and services.

Gambling ProstitutionIllegal substances

Conspiratorial relationshipsCriminal tactics used---violence, corruption, intimidation

Question?Do wehave organizedcrime in Oregon?

High-Tech CrimeInternet---Site for cyber crime

Selling pornographySoliciting minorsFraud (credit cards, identity theft)

Purpose of Criminal Justice System

“Criminal Justice system ‘protects individuals and the community.’”

1967 President’s Commission on Law Enforcement and Administration of Justice

Three general goals described:1. Control crime2. Prevent crime3. Provide and maintain justice

Which of the following is a “crime” and why

Bob points a gun at Suzy and demands she give him all her money.

Yes it is a crime, robbery

Is It A Crime? You be the judge, Yo!

Jimmy approaches Suzy to rob her, but as Jimmy begins to pull his gun out of his pocket he drops it and runs away

Yes attempted robbery. Why?Jimmy has taken a substantial step to rob Suzy

Is It A Crime? You be the judge, Yo!

Jimmy walks past Suzy and thinks to himself, “I sure would like to take all of Suzy’s cash, if I only had a gun.”

No. Jimmy cant be punished for thoughts

STATE OF MIND & CRIMINAL ELEMENTS

State of Mind:-Almost all crimes require a “guilty state of mind” –Mens rea

-Committing a crime is an ACT – actus reus = the action that is criminal

State of MindGuilty of state of mind is the level of awareness someone has when they commit a crime (intentionally, knowingly or recklessly)

Defined by OR law:Oregon Revised Statutes (ORS)“Intentional / with intent” – person acts with a conscious objective to cause the result or engage in the conduct so described.“Knowingly / with knowledge” – a person acts with an awareness that the conduct is illegal.“Recklessly” – person is aware & disregards substantial risk that an illegal act will occure

State of mind is different than “motive”Motive is the REASON a person commits an actState of mind is the knowledge of your act

Ex Jimmy steals Suzy’s purse because he needs money to buy drugs

Motive: Needs $ to buy drugsState of Mind: He intentionally stole the purse

There are crimes, “strict Liability” that do not require a guilty state of mind

Can you think of someEx: selling alcohol to a minor

Criminal ElementCrimes are defined by “elements”

Each Element of a crime must proven to convict a person of a crimeProsecutors must prove the state of mind and each element beyond a reasonable doubt to convict

Criminal ElementsRobbery Elements:

Taking and carrying away goods or moneyTaking from someone’s personUse of force or intimidation

Burglary Elements:Enter or remain in a building unlawfullyWith the intent to commit a crime

Classes of CrimesFelony: Crime where potential for imprisonment is more than a year

Misdemeanor: Crime where potential for imprisonment is less than a year

Both determine what type of punishment a criminal can get

Classes of CrimeRobbery in OR

First degree = 20 yrs in prisonSecond degree = 10 yrsThird degree = 5 yrs

*1st, 2nd and 3rd degree are all felonies*Each state has different requirements for

what degree a crime is.

In Oregon Robbery:1st degree = use of deadly weapon or intending to cause serious harm

Ex pointing a gun at a bank teller

2nd degree = person claims they have a weapon

Ex Saying to teller you have a gun

3rd degree = person uses force or threat of force

Ex grab teller by the shirt and threaten

ActivityIn pairsFor each crime listed on the handout identify each ELEMENT as an ACT or a STATE of MIND

Parties to CrimeWhen a crime is committed other people my get charged too.

Principal: The person who commits the crime

Mr Ackerman takes your cheetos. Ackerman is the principal

Parties to CrimeAccomplice: someone who helps a person commit a crime

Ex you drive the getaway car after Ackerman takes the cheetos

*Accomplice may be convicted of the SAME crime as principal even though only drove the car.

Parties to CrimeAccessory Before the Fact: a person who orders a crime or helps the principal, but is not present during the crime

Ex the mastermind plans the robbery but does not go.

This person is usually charged with the same crime

Parties to CrimeAccessory After the Fact: person knows the crime took place but and help principal or accomplice avoid capture, escape or conceal crime

This person is not usually charged with the same crime but rather obstruction of justice

Why do we penalize those who help others commit crime?Would penalizing only the principal help or hurt crime prevention?

Preliminary CrimesCertain actions that take place BEFORE a criminal act are considered a crime

The idea is that this will help PREVENT crime.

Preliminary ActsSolicitation: When a person commands or advises another to commit a crime

The crime does not have to occur to be found guilty.

Ex: Bob wants to kill Jane and asks Steve to do it for him for $100,000. Steve never does, but Bob is guilty of solicitation

Preliminary CrimesAttempt: A person has the intent and taken steps towards committing a crime.The crime does not have to occur BUT need intent and steps towardThis can be hard to prove. What IS a substantial step

Pete decides to kill Paul, he buys a gun on his way to Paul’s house and is pulled over & arrested for another crime.Has Pete taken a substantial step toward murdering Paul?

Preliminary CrimesConspiracy: An agreement between two or more persons to commit a crime

Ex Sophia and Sara talk one night about how much they have Suzanna. They begin to make a plan to murder her and both agree to murder Suzanna tomorrow. They post their plans on the internet and the cops arrest them before the murder. Both are arrested for conspiracy

Did the girls have to commit the crime to be guilty?NoDid they take a substantial step?Yes, posted plans on the internet which was open to public view

Purpose of Criminal Justice System

“Criminal Justice system ‘protects individuals and the community.’”

1967 President’s Commission on Law Enforcement and Administration of Justice

Three general goals described:1. Control crime2. Prevent crime3. Provide and maintain justice

Structure of the Criminal Justice System

Three parts of the Criminal Justice System:

Law EnforcementThe CourtsCorrections