Criminal Law - Criminal Law 1 Civil v. Criminal Law Who is...

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Unformatted text preview: Criminal Law 1 Civil v. Criminal Law Who is Wronged Criminal: Society Civil: another individual or business You can be civilly and criminally punished for the You same act same Burden of Proof Criminal: Beyond a reasonable doubt Civil: Preponderance of the evidence 2 Classifications of Crimes Jane recently stole $500 from a cash Jane register left open at the grocery store. If arrested, the maximum penalty she could receive is 6 months in prison. What type of crime has Jane committed? crime A. Felony B. Misdemeanor 3 Classifications of Crimes Jane recently stole $500 from a cash register left open at the grocery store. If arrested, the maximum penalty she could receive is 6 months in prison. What type of crime has Jane committed? has A. Felonies Most serious crimes Punishment: Death or imprisonment for more than one year B. Misdemeanors Any crime that is not considered a felony Punishment: Fine or imprisonment for up to one year 4 Classifications of Crimes Jane recently stole $500 from a cash register left open at Jane the grocery store. If arrested, the maximum penalty she could receive is 6 months in prison. What type of crime has Jane committed? has A. Felonies Most serious crimes Punishment: Death or imprisonment for more than one year B. Misdemeanors B. Misdemeanors Any crime that is not considered a felony Punishment: Fine or imprisonment for up to one year 5 Purposes of Criminal Punishment Jamie likes to drive fast, but she usually doesn’t go more Jamie than 5 mph over the speed limit b/c she doesn’t want to receive a speeding ticket. Which theory behind criminal punishment is at work in this situation? A. Rehabilitation – A. B. Incapacitation – B. C. Retribution – C. D. Deterrence – D. 6 Purposes of Criminal Punishment Jamie likes to drive fast, but she usually doesn’t go more than 5 Jamie mph over the speed limit b/c she doesn’t want to receive a speeding ticket. Which theory behind criminal punishment is at work in this situation? A. Rehabilitation – we want to help the criminal get better B. Incapacitation – B. C. Retribution – C. D. Deterrence – D. 7 Purposes of Criminal Punishment Jamie likes to drive fast, but she usually doesn’t go more than 5 Jamie mph over the speed limit b/c she doesn’t want to receive a speeding ticket. Which theory behind criminal punishment is at work in this situation? A. Rehabilitation – we want to help the criminal get better B. Incapacitation – we want to make it impossible for the criminal to B. commit any other crimes commit C. Retribution – C. D. Deterrence – D. 8 Purposes of Criminal Punishment Jamie likes to drive fast, but she usually doesn’t go more than 5 Jamie mph over the speed limit b/c she doesn’t want to receive a speeding ticket. Which theory behind criminal punishment is at work in this situation? A. Rehabilitation – we want to help the criminal get better B. Incapacitation – we want to make it impossible for the criminal to B. commit any other crimes commit C. Retribution – we need to make them pay for the wrong committed D. Deterrence – D. 9 Purposes of Criminal Punishment Jamie likes to drive fast, but she usually doesn’t go more than 5 Jamie mph over the speed limit b/c she doesn’t want to receive a speeding ticket. Which theory behind criminal punishment is at work in this situation? A. Rehabilitation – we want to help the criminal get better B. Incapacitation – we want to make it impossible for the criminal to B. commit any other crimes commit C. Retribution – we need to make them pay for the wrong committed D. Deterrence – punishment prevents others from committing the D. same crime same 10 10 Purposes of Criminal Punishment Jamie likes to drive fast, but she usually doesn’t go more than 5 Jamie mph over the speed limit b/c she doesn’t want to receive a speeding ticket. Which theory behind criminal punishment is at work in this situation? A. Rehabilitation – we want to help the criminal get better B. Incapacitation – we want to make it impossible for the criminal to B. commit any other crimes commit C. Retribution – we need to make them pay for the wrong committed D. Deterrence – punishment prevents others from committing the D. same crime same 11 11 Fourth Amendment Protection: right to be secure in persons, houses, Protection: papers, and effects papers, Search Warrants – must show probable cause Businesses - Protected as individuals Exclusionary Rule: All evidence obtained in violation of Exclusionary constitutional rights, AND all evidence obtained as a result the illegally obtained evidence will usually be excluded from trial excluded 12 12 Fifth Amendment Fifth Due Process Substantive Procedural Double Jeopardy Protection No Self-Incrimination 13 13 Sixth & Eighth Amendments Sixth Amendment: right to speedy trial, jury trial, Sixth public trial, to confront witnesses, to have an attorney attorney Miranda Rule: once a person is arrested, police must Miranda inform of right to remain silent and to have an attorney attorney Eight Amendment: no excessive bail and fines, Eight no cruel and unusual punishment no 14 14 Elements of Criminal Liability Statute in place forbidding certain act Performance of prohibited act Specified state of mind or intent to commit the Specified act (called “mens rea”) act Intentionally Willfully Recklessly, etc. Negligence (rarely enough to show criminal state of Negligence mind) mind) 15 15 More on Mens Rea Negligence usually not considered a criminal Negligence state of mind (you usually cannot accidentally commit a crime) commit Example of Negligent Crimes: Negligent vehicular Example homicide homicide Strict Liability – guilty of crime no matter your Strict mindset. mindset. Examples: statutory rape, serving alcohol to a minor 16 16 Defenses Infancy – have not reached age of majority Certain situations allow minors to be tried as an adult Insanity – did person have some sort of mental condition Insanity that caused them to be unable to appreciate the wrongfulness of their action? wrongfulness Intoxication T/F - Jane is at the Dallas Stars hockey game, where she drinks T/F one too many beers. As a result, she got really worked up when an opposing fan yelled “Dallas Sucks!” So she walked over to the fan and punched him in the face. Jane’s intoxication a defense to her crime of assault and battery. defense 17 17 Defenses Infancy – have not reached age of majority Certain situations allow minors to be tried as an adult Insanity – did person have some sort of mental condition Insanity that caused them to be unable to appreciate the wrongfulness of their action? wrongfulness Intoxication Jane is at the Dallas Stars hockey game, where she drinks one Jane too many beers. As a result, she got really worked up when an opposing fan yelled “Dallas Sucks!” So she walked over to the fan and punched him in the face. Is Jane’s intoxication a defense to her crime of assault and battery? to Voluntary Intoxication: Not a defense to criminal behavior 18 18 Defenses Infancy – have not reached age of majority Certain situations allow minors to be tried as an adult Insanity – did person have some sort of mental condition Insanity that caused them to be unable to appreciate the wrongfulness of their action? wrongfulness Intoxication Jane is at the Dallas Stars hockey game, where she drinks one Jane too many beers. As a result, she got really worked up when an opposing fan yelled “Dallas Sucks!” So she walked over to the fan and punched him in the face. Is Jane’s intoxication a defense to her crime of assault and battery? to Voluntary Intoxication: Not a defense to criminal behavior Involuntary Intoxication: Can be a defense to criminal behavior 19 19 Defenses Infancy – have not reached age of majority Certain situations allow minors to be tried as an adult Insanity – did person have some sort of mental condition Insanity that caused them to be unable to appreciate the wrongfulness of their action? wrongfulness Intoxication: Voluntary Intoxication: Not a defense to criminal behavior Involuntary Intoxication: Can be a defense to criminal behavior Duress: crime committed b/c serious, immediate bodily Duress: harm was threatened harm 20 20 Mistake as a Defense Jerry was waiting to catch a plane one day and set his Jerry briefcase down next to him. When it was time to board, Jerry accidentally picked up someone else’s briefcase and hopped on the plane. Which type of mistake has Jerry made? Defense A. Mistake of Fact – I thought the briefcase was mine B. Mistake of Law – I knew the briefcase wasn’t mine, B. but I didn’t know it was illegal to take it. but No Defense, unless: Law not published or made reasonably known to public Defendant relied on erroneous statement of law made by public Defendant official official 21 21 Mistake as a Defense Jerry was waiting to catch a plane one day and set his Jerry briefcase down next to him. When it was time to board, Jerry accidentally picked up someone else’s briefcase and hopped on the plane. Which type of mistake has Jerry made? Defense A. Mistake of Fact – I thought the briefcase was mine A. thought B. Mistake of Law – I knew the briefcase wasn’t mine, B. but I didn’t know it was illegal to take it. but No Defense, unless: Law not published or made reasonably known to public Defendant relied on erroneous statement of law made by public Defendant official official 22 22 Other Defenses Other Entrapment Test: was person who committed crime predisposed to do so, or Test: predisposed did person acted b/c agent induced behavior? did Jacobson v. US – person who was targeted by sting agency for more than two years before committing crime was not predisposed to commit crime, but was entrapped. Self Defense: may use reasonable amount of force Self reasonable based on circumstances based Deadly Force: only OK to avoid death or serious bodily injury Deadly Immunity: State agrees that it won’t prosecute you if you Immunity: help out help 23 State Crimes Affecting Business Bob is walking down the road one day and sees his Bob What if Bob sneaks into the garage and gets it? What neighbor’s new lawn mower sitting on the sidewalk. He walks up and takes it. Which crime has Bob committed? walks A. Theft/Larceny: B. Burglary: C. False Pretenses: D. Embezzlement: 24 24 State Crimes Affecting Business Bob is walking down the road one day and sees his neighbor’s new Bob lawn mower sitting on the sidewalk. He walks up and takes it. Which crime has Bob committed? crime What if Bob knows the neighbor recently purchased a new lawn mower, What so he sneaks into the garage and gets it? Theft/Larceny: taking another’s property with intent to permanently Theft/Larceny: deprive owner of it deprive Burglary: Burglary: False Pretenses: Embezzlement: 25 25 State Crimes Affecting Business Bob is walking down the road one day and sees his neighbor’s new Bob lawn mower sitting on the sidewalk. He walks up and takes it. Which crime has Bob committed? crime What if Bob knows the neighbor recently purchased a new lawn mower, What so he sneaks into the garage and gets it? Theft/Larceny: taking another’s property with intent to permanently Theft/Larceny: deprive owner of it deprive Burglary: breaking and entering to commit a felony Burglary: breaking False Pretenses: Embezzlement: 26 26 State Crimes Affecting Business Bob is walking down the road one day and sees his neighbor’s new Bob lawn mower sitting on the sidewalk. He walks up and takes it. Which crime has Bob committed? crime What if Bob knows the neighbor recently purchased a new lawn mower, What so he sneaks into the garage and gets it? Theft/Larceny: taking another’s property with intent to permanently Theft/Larceny: deprive owner of it deprive Burglary: breaking and entering to commit a felony False Pretenses: obtaining goods/services/money by using False misrepresentations misrepresentations Embezzlement: 27 27 State Crimes Affecting Business Bob is walking down the road one day and sees his neighbor’s new Bob lawn mower sitting on the sidewalk. He walks up and takes it. Which crime has Bob committed? crime What if Bob knows the neighbor recently purchased a new lawn mower, What so he sneaks into the garage and gets it? Theft/Larceny: taking another’s property with intent to permanently Theft/Larceny: deprive owner of it deprive Burglary: breaking and entering to commit a felony False Pretenses: obtaining goods/services/money by using False misrepresentations misrepresentations Embezzlement: taking another’s property that you were legally Embezzlement: entitled to have possess/control and making it your own. State v. Joy 28 28 State Crimes Affecting Business Bob is walking down the road one day and sees his neighbor’s new Bob lawn mower sitting on the sidewalk. He walks up and takes it. Which crime has Bob committed? Theft Theft What if Bob knows the neighbor recently purchased a new lawn mower, What so he sneaks into the garage and gets it? Burglary Burglary Theft/Larceny: taking another’s property with intent to permanently Theft/Larceny: deprive owner of it deprive Burglary: breaking and entering to commit a felony False Pretenses: obtaining goods/services/money by using False misrepresentations misrepresentations Embezzlement: taking another’s property that you were legally Embezzlement: entitled to have possess/control and making it your own. State v. Joy 29 29 Specialized Statutes Robbery: Forgery: Arson: 30 30 Specialized Statutes Robbery: taking another’s property using physical force Aggravated robbery: using extreme force or deadly weapon Forgery: Arson: 31 31 Specialized Statutes Robbery: taking another’s property using physical force Aggravated robbery: using extreme force or deadly weapon Forgery: altering writing in any way that changes legal Forgery: rights and liabilities of another rights People v. Avila Arson: 32 32 Specialized Statutes Robbery: taking another’s property using physical force Aggravated robbery: using extreme force or deadly weapon Forgery: altering writing in any way that changes legal Forgery: rights and liabilities of another rights People v. Avila Arson: intentionally burning a building owned by another 33 33 Federal Crimes Affecting Business Mail & Wire Fraud: using phone, mailings, internet, etc. Mail to assist in a scheme to commit fraud. to Schmuck v. United States – even if mailing is small part of overall scheme it is enough to be liable for mail & wire fraud overall Travel Act: cannot use interstate commerce to carry out Travel illegal activities illegal commerce commerce Hobbs Act: cannot use bribery or extortion to affect Hobbs Racketeer Influenced & Corrupt Organizations Act: Racketeer cannot operate an illegal business to make a profit cannot 34 34 Computer Crime Which of the following are major types of Which computer crimes according to your text? computer A. unauthorized access B. Theft of information C. Theft of funds D. unauthorized dissemination of information E. All of the above 35 35 Computer Crime Which of the following are major types of Which computer crimes according to your text? computer A. unauthorized access B. Theft of information C. Theft of funds D. unauthorized dissemination of information E. all of the above Federal and State laws in place to prevent Federal computer crime computer 36 36 White Collar Crime Nonviolent Crimes that occur in business Nonviolent context context Examples Embezzlement Bribery Theft of trade secrets Insider trading Price fixing 37 37 Corporate Criminal Liability Who has the guilty mind? Agents of the corporation. Punishments: Punishments: fines fines loss of legal rights Requirement of affirmative acts (like educational seminars, clean Requirement up efforts, etc.) up Criminal Liability for Officers: always liable for your own Criminal acts and for those that you aided or encouraged acts SOX – created to prevent white collar crimes 38 38 ...
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