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

SLIDE 3

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

SLIDE 4

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

SLIDE 5

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

SLIDE 6

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

SLIDE 11

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

SLIDE 13

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

SLIDE 17

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