Crimes

©
Kinga N. Jacobson

 define key criminal law terminology  name the elements necessary for crime liability

 classify the major categories of crime
 explain white collar crime  identify defenses used to avoid crime liability  understand constitutional safeguards available  list the basic steps used in the criminal process

 Student Engagement Activity  Criminal Law Liability Basics  Concept Practice Student Pair-Up  Criminal Law Defenses & Safeguards  Small Group Case Review & Debrief

 Criminal Process Interactive Activity
 Classroom Performance Assessment  Lesson Conclusions & Expectations

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Wordle

 Wrongful act committed against society proclaimed in a statute and if committed punishable by society through fines and or imprisonment or death  Prosecuted by a public official (such as state representative, district attorney)  Must be proven beyond reasonable doubt, preponderance of evidence is not sufficient  Many crimes are subject to both civil and criminal liability and proceedings

1. Performance of Prohibited Act

2. Specified State of Mind (Intent)

(commission of act not omission)

AND

(person who performs the act)

 Felonies – serious crimes punishable with death or imprisonment in a federal penitentiary for more than one year. Includes four degrees of severity: capital offenses, first degree, second degree and third degree felonies.

 Misdemeanor – any crime that does not classify as a felony, punishable with fines of up to one year imprisonment. Guilty party will serve in a local jail or prison. Classified as Class A, B or C.
 Petty Offenses – often considered to be a subset of misdemeanors. They are minor violations punishable with few days in jail, fines or both.

Knowledge

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Violent Crime

Property Crime

Public Order Crime

White Collar Crime

Organized Crime

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Involve assertions that the intent requirement is lacking.

 Infancy: any person who has not yet reached age of majority (certain exceptions apply).
 Intoxication: from drugs or alcohol, voluntary or involuntary, but only latter is applies as a defense.  Insanity: someone of any age suffering from a mental illness documented by a doctor (lack of capacity).  Mistake: a mistake of fact opposed to mistake of law operates as a defense if it negates the mental state necessary for committing crime.  Consent: allowable if consent cancels the harm the law was designed to prevent. Successful in property cases.

 Duress: wrongful threat of one person induces another person to perform an act that he/she would not otherwise perform (duress negates mental state).  Justifiable Use of Force: self-defense of own self, own property, dwelling or prevention of crime (deadly force or not).

 Entrapment: defense designed to prevent police officers and government from encouraging crimes in order to apprehend persons wanted for criminal acts (induced evidence).
 Statute of Limitations: just like civil cases, criminal cases must also be prosecuted in a certain number of years, otherwise they expire ( except murder).  Immunity: persons cannot be forced to provide evidence that would incriminate them so states can provide immunity to those accused of a crime who provide evidence or information.

 Fourth Amendment  Fifth Amendment

 Exclusionary Rule  Miranda Rule

 Sixth Amendment
 Eighth Amendment

Knowledge

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Steps in Criminal Process:

 Arrest: probable case and warrant must be present
 Indictment or Information: must be formally charged

 Trial: all burden of proof is on persecutor (state)

 To be found guilty, victim must be guilty “beyond reasonable doubt” (not the same as innocent).  Sentencing Standardization Guidelines have been issued and must be followed by federal judges when selecting a sentence.

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 Liability of Corporations: corporations committed by their agents, and/or employees during the course or scope of their employment. Although corporations cannot be imprisoned, they can be fined or denied legal privileges or licenses.

 Liability of Corporate Officers: corporate directors or officers are personally liable for the crimes they commit and may be held liable for the actions of employees under their supervision.

Individual Reflection & Debrief

 Criminal law is essential for successful business managers  Managers must assess risks and proactively prevent it  White collar as well as the others crimes affect businesses  Corporations and their officers can be held criminally liable

 Corporations can be used as a means for crime, without consent
 Managers must seek, review and control information & crime

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Is a crime committed against persons, causing them to suffer or die. Examples are murder, assault, battery, rape and robbery.

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 Is a crime in which the goal of the offender is to have some form of economic gain from the act or to damage the property.  Examples include burglary, larceny and arson, receipt of stolen goods, forgery, or obtaining goods under false pretenses.

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Is a crime contrary to
established public values and morals.

 Examples include public drunkenness, prostitution, gambling or illegal drug abuse.

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 Is a nonviolent crime committed in the course of a legitimate occupation in order to obtain a personal or business advantage.  Examples include embezzlement, mail or wire fraud, insider trading, bribery, bankruptcy and theft of trade secrets.

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Is a crime committed by
groups operating illegally to satisfy the public’s demand for illegal goods and services.

 Examples include sale of narcotics or money laundering.

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