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8/12/2019 Crime and Criminal Laws in United States
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Chapter 8
CRIME
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Quotes of the Day
He threatens many that hath injured one.Ben Jonson, English Dramatist
Most of the evils of life arise from mans beingunable to sit still in a room.
Blaise Pascal,
French Scientist and Religious Essayist
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Civil Law vs. Criminal Law
Procedure for criminal trial -- government decideswhether to prosecute; defendant has the right to ajury trial.
In a criminal suit, the court determines the guilt, sothat a punishment can be given.
A felony is a serious crime, with a sentence of oneyear or more in prison. A misdemeanor is lessserious, often with a sentence of less than a year.
Civil law concerns the rights and liabilities betweenprivate parties; criminal law concerns those activities
that society has outlawed.
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Purpose of Punishment
Restraint -- to keep a violent criminal away from therest of society.
Deterrence -- avoid future crimes, both by thiscriminal and by others warned by the punishment.
Retribution -- to give criminal a punishment equal tohis crime.
Vengeance -- to make the criminal suffer.
Rehabilitation -- to provide training to allow theprisoner to return to normal life.
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The Prosecutions Case
Conduct Outlawed The prosecution must show that the defendants alleged
activity is indeed illegal.
Burden of Proof The jury must believe beyond a reasonable doubt in order
to convict. This is to protect innocent defendants fromundeserved punishment.
Actus Reus(means the guilty act) The prosecution must show that the defendant committed
the act (not just talked about doing it).
Mens Rea(means guilty state of mind) SEE NEXT SLIDE
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Mens Rea
The defendant must have had a guilty state of mind.
General Intent Required by most crimes; the defendant intended to do the
illegal act they are accused of doing.
Specific Intent Some cases require that the defendant intended to do
something beyond the act they are accused of.
Reckless or Negligent Conduct Consciously disregarding a substantial risk of injury.
Strict Liability Certain acts dont require a guilty state of mind, only proof
that the defendant did the illegal act.
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The Prosecutions Case
How does the state prove criminal intent?
Is separate proof required for each?
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Defenses
InsanityA defendant who can prove he was insaneat the time of the crime will be declarednot guilty.
Two basic tests are used to determine
sanity
A very small percentage of defendants pleadinsanity and a very small percentage of thoseare acquitted. Those who are acquitted often
spend longer in mental institutions than theywould have spent in prison.
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Defenses: Insanity
How often do defendants use it?
What is the moral basis?
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B iebe r v P eop l e May a jury find that a defendant with ADD is
legally insane?
Suppose a defendant goes to a bar, gets blind
drunk, and then goes out and robs a store. Ishis intoxication a defense to the robbery?
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Defenses (contd)
DuressA defendant may plead duress if she can
show that a threat by a third person causedher fear of imminent physical harm.
Entrapment If the government induces a defendant to
break the law, they must prove that thedefendant was predisposed to commit the
crime.
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Crimes That Harm Business
Larceny-- The trespassory taking of personalproperty with the intent to steal it. Someone else originally had the property. Personal property, not services or real estate.
Fraud-- Deception for the purpose of takingmoney or property from someone. Includes bank fraud, wire and mail fraud, insurance
fraud, Medicare fraud.
Arson using fire or explosives to damage ordestroy property, usually with either malicious orfraudulent intent. Insurance fraud causes higher premiums for all.
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Crimes That Harm Business(contd)
Computer Crime -- federal statutes prohibitunauthorized access to computers:
in the federal government at financial institutions involved with the government by means of an Internet that crosses state lines
Embezzlement-- Fraudulent conversion ofsomeone elses property already in the defendantspossession. Defendant already had possession (but not ownership
or control) of the property. Defendant used property for own uses.
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Money Laundering Cases andProsecutorial Ethics
Are more people funneling drug money out ofthe country?
Whats the problem with a stiff penalty for thiscrime?
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Computer Crime Statutes
The Computer Fraud and Abuse Act
The Access Device Fraud Act
The Identity Theft and AssumptionDeterrence Act
The Wire and Electronic Communications
Interception Act
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Identity Theft
Identity Theft using someone elsespersonal information to gain access to theirfinancial accounts.
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Crimes Committed byBusiness
If someone commits a crime within the scope ofhis employment and to benefit the corporation,the company is liable.
Punishment Compliance programs -- if a company has a
valid, functioning plan to prevent and detectcriminal behavior, the judge must (according toFederal Sentencing Guidelines) reduce the
penalty of a crime of an employee.
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Crimes Committed by Business
Occupational Safety and Health Act
Money Laundering -- using the profits ofcriminal acts to promote more crime orconcealing an illegal source of money.
Racketeer Influenced and Corrupt
Organization Act
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Racketeer Influenced and
Corrupt Organization Act
Racketeering Acts Goals that Violate RICO
RICO --
R ICO p roh ib it s u s ing tw o o r m oreracke tee r ing ac t s to accom p l ishcer ta in goa l s
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Constitutional Protections
No matter what crime a suspect is accused of, theConstitution of the United States offers protectionagainst inhumane treatment and ensures certainhuman rights.
The procedures by which a suspect isinvestigated, arrested, interrogated and tried iscontrolled by the Bill of Rights.
Almost all important criminal procedure rightshave been expanded beyond the federalgovernment to law enforcement at the state andlocal level.
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The Criminal Process
Notification to Police
Warrant
Probable Cause
Search and Seizure
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The Criminal Process (contd)
Arrest Warrant
Arrest
Bail Hearing
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The Criminal Process (contd)
Indictment
Arraignment
Discovery
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The Criminal Process (contd)
Motion to Suppress
Plea Bargaining
Trial and Appeal
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Fourth AmendmentProhibits illegal searches and seizures.
There are six situations in which police maysearch without a warrant:
Plain view
Stop and Frisk Emergencies
Automobiles
Lawful arrest
Consent
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Fourth Amendment
A search WITH a warrant is unlawful, if: There was no probable cause. The warrant did not specify place or items. It extended beyond the scope of the warrant.
Exclusionary Rule Evidence obtained illegally (without a warrant or
improperly obtained with a warrant) may not beused at trial against the victim of the search.
The purpose of the exclusionary rule is to makesure that the police follow proper procedureswhen conducting a search.
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The Patriot Act of 2001
Passed after Sept. 11 attacks; gives police greatersearch and investigative powers.
Opponents claim it also threatens privacy andindividual freedoms.
The courts are facing questions about the legitimacy ofthe Patriot Act.
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Fifth Amendment
Due Process
Double Jeopardy
Self-incrimination Mi r anda rights
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Other Amendments
Guarantees the right to a lawyer, and to have himpresent for all stages of the process.
Government must provide lawyer, at no charge, forthose who cannot afford one.
The Sixth Amendment
Prohibits cruel and unusual punishment. Capital punishment has been controversial under this
amendment.
Three strikes laws have created situations where apunishment is excessive for the crime.
Forfeiture (forced loss of property) has been allowedunder this amendment, but the allowable amount hasnot been set.
The Eighth Amendment
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Crime comes in manyforms and the culprits
can surprise us.
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THE END