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Chapter 4

Chapter 4. Criminal Law and Procedure. What is a Crime?. It is a punishable offense against society Society attempts to: Identify the crime Arrest Prosecute and Punish. Elements of Criminal Act. Prosecutor must prove three elements:

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Chapter 4

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  1. Chapter 4 Criminal Law and Procedure

  2. What is a Crime? • It is a punishable offense against society • Society attempts to: • Identify the crime • Arrest • Prosecute • and Punish

  3. Elements of Criminal Act • Prosecutor must prove three elements: • Whether you had a duty to do or not to do a certain thing • Whether you performed an act or omission in violation of that duty • Whether or not you had criminal intent

  4. Duty • Under our system, everyone has a legally enforceable duty to conform his or her conduct to the law’s requirements.

  5. Violation of Duty • Breach of Duty – the specific conduct of the defendant that violates the statute – is the criminal act

  6. Criminal Intent • Means that the defendant intended to commit the specific act or omission defined as criminal in the controlling statute. • Intent refers to the state of mind

  7. Criminal Intent • Those over the age of 14 are considered competent because they understand the difference between right and wrong • Insane lack the mental capacity to understand the difference between right and wrong

  8. Crimes against a person • Assault – Intentional threat to physically or offensively injure another • Battery – Harmful or offensive touching • Kidnapping • Rape • Murder

  9. Crimes against property • Theft - the generic term for all crimes in which a person intentionally and fraudulently takes personal property of another without permission or consent and with the intent to convert it to the taker's use (including potential sale). In many states, if the value of the property taken is low (for example, less than $500) the crime is "petty theft," but it is "grand theft" for larger amounts, designated misdemeanor, or felony, respectively

  10. Crimes against property (Theft) • Robbery – Wrongful taking of another’s property from their person or presence by threat of force of violence or by causing fear • Embezzlement – Taking of another’s property or money by a person to whom it has been entrusted

  11. Crimes against Government/Justice • Treason - Violation of allegiance toward one's country, especially the betrayal of one's country by waging war against it or by consciously and purposely acting to aid its enemies. • Tax Evasion - Intentional avoidance of tax payment usually by inaccurately declaring taxable income • Perjury – Lying under oath

  12. Crimes against public peace and order • Rioting - A violent disturbance of the public peace by three or more persons assembled for a common purpose • Disorderly conduct - An offense involving disturbance of the public peace and decency • Illegal speeding

  13. Crimes against Realty • Burglary - entering a building as a trespasser with the intention of committing a crime • Arson - maliciously, voluntarily, and willfully setting fire to the building, buildings, or other property of another or of burning one's own property for an improper purpose, as to collect insurance. • Criminal Trespass - unlawful injury to the person, property, or rights of another, with actual or implied force or violence, especially to enter onto another's land wrongfully.

  14. Classifications of Crimes • Felony – Crime punishable by confinement for more than a year in state prison or by a fine of more than $1,000, or both. • Misdemeanor – Less serious crime • Punishable by confinement in a county or city jail for one year or less, by a fine of $1,000 or less, or both • Infractions – lesser misdemeanors punishable by fine and not entitled to a jury trial

  15. Business Related Crimes • White Collar Crimes – Crimes committed in the business world • Do not involve force or violence • Do not cause physical injury to people • Or physical damage to property

  16. White Collar Crimes • Larceny – Theft (Robbery and/or Burglary) • Receiving stolen property – Knowingly receive or buy property known to be stolen, with intent to deprive the rightful owner of the property • Fence – One receiving stolen property

  17. White Collar Crimes • False Pretense – One who obtains money or property by lying about a past or existing fact • Different then larceny because the victim parts with the property freely. • Forgery – Falsely making or materially altering a writing to defraud another

  18. White Collar Crimes • Bribery – Unlawfully offering or giving anything of value to influence performance of an official in the carrying out of his or her public or legal duties. • Extortion – Improperly obtaining money or other things of value by use of force, fear, or the power of office (blackmail)

  19. White Collar Crimes • Conspiracy – An agreement between two or more persons to commit a crime • Usually the agreement is a secret

  20. Felonies • Murder • Kidnapping • Arson • Rape • Robbery • Burglary • Embezzlement • Forgery • Theft of Large sums • Perjury

  21. 4-1 Assessment • Turn to page 70 and complete the assessment

  22. Rights and Responsibilities • Probable Cause • Reasonable ground for belief • Right to a lawyer • To convict in a criminal case, “Proof beyond a reasonable doubt” must be established • Right to a jury trial • An accomplice (one who participates in the crime) is just as guilty

  23. Defense to Criminal Charges • Defense – Legal position taken by an accused to defeat the charges against him • The state must prove guilt • Procedural Defense • Substantive Defense

  24. Procedural Defense • Based on problems with the way evidence is obtained or the way an accused person is arrested, questioned, tried, or punished. • Ignorance of the law is no defense

  25. Substantive Defense • Disproves, justify, or excuse the alleged crime. • Discredit the facts that the state sought to establish • Self-Defense – The use of force that appears to be reasonably necessary to the victim to prevent death, serious bodily harm, rape, or kidnapping. • Only non-deadly force may be used to protect or recover property

  26. Substantive Defense • Criminal Insanity – Because of a verifiable mental disease or defect, the accused does not know the difference between right and wrong • Immunity – Freedom from prosecution even when one has committed the crime charged. • May be granted immunity for an agreement to testify.

  27. Punishment for Crimes • Punishment – Any penalty provided by law and imposed by a court • Done to discipline the wrongdoer • Plea Bargaining – Agree to plead guilty to a lesser charge in exchange for having the more serious charges dropped. • Give up the right to a trial

  28. Assessment • Turn to page 75 and complete the 4-2 Assessment

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