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G O A L S

Criminal LawCriminal Law

Define the elements present in all crimesDescribe crimes that commonly occur in the

business environment

LESSON 5-1LESSON 5-1

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WHAT ARE CRIMES?WHAT ARE CRIMES?

A crime is a punishable offense against society!

Elements of a crimeCriminal conduct

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You are the Judge!!You are the Judge!!

Ronald Shocker has been planning to murder his rich father to inherit his

money. For over nine months, he has been developing and refining an

elaborate scheme to commit murder. He has not yet done anything. Is he nonetheless guilty of a crime?

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ELEMENTS OF A CRIMEELEMENTS OF A CRIME

Duty – Requirement to do or not do a certain thing

Violation of the duty – The specific conduct that violates the duty

Criminal intentIntended to commit the actIntended to do evil

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You are the Judge!!You are the Judge!!

Ronald Shocker now decides to translate his plan to murder his rich father into action. He asks and encourages his

friend, Jarold Becker, to help him. So far no true action has occurred--Ronald’s

father is alive. There has not even been an attempt on his life. Has a crime

occurred?

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CRIMINAL CONDUCTCRIMINAL CONDUCT

Criminal conduct may be classified as follows:Crimes against a personCrimes against propertyCrimes against the government and

administration of justiceCrimes against public peace and orderCrimes against realtyCrimes against consumersCrimes against decency

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EXAMPLES OF CRIMES EXAMPLES OF CRIMES AGAINST A PERSONAGAINST A PERSON

Assault and batteryKidnappingMurderRape

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You be the JudgeYou be the Judge

Jarold has decided to work with Ronald in eliminating Ronald’s father. Furthering the plan, Jarold purchases a gun and ammo. He begins to follow Ronald’s father. They also go to the practice

range each day to improve their gun skills. Has Ronald committed another

crime? Has Jarold committed a crime?

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EXAMPLES OF CRIMES EXAMPLES OF CRIMES AGAINST PROPERTYAGAINST PROPERTY

EmbezzlementTheftRobbery

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You be the Judge!!You be the Judge!!

Davis, the accountant of the Dell Norte Credit Union, cleverly juggled the company records over a period of years. During that time, she took at least $35,000 belonging to the credit

union. When the theft was discovered by outside auditors, Davis repaid the money with

interest.Has she committed a crime despite the

repayment?

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EXAMPLES OF CRIMESEXAMPLES OF CRIMESAGAINST THE GOVERNMENTAGAINST THE GOVERNMENTAND ADMINISTRATION OF JUSTICEAND ADMINISTRATION OF JUSTICE

PerjuryTax evasionTreason

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EXAMPLES OF CRIMES AGAINST EXAMPLES OF CRIMES AGAINST PUBLIC PEACE AND ORDERPUBLIC PEACE AND ORDER

Disorderly conductIllegal speedingRioting

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EXAMPLES OF CRIMES EXAMPLES OF CRIMES AGAINST REALTYAGAINST REALTY

ArsonBurglaryCriminal trespass

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EXAMPLES OF CRIMES EXAMPLES OF CRIMES AGAINST CONSUMERSAGAINST CONSUMERS

Fraudulent sale of securitiesViolation of pure food and drug laws

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EXAMPLES OF CRIMES EXAMPLES OF CRIMES AGAINST DECENCYAGAINST DECENCY

BigamyObscenityProstitution

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You be the Judge!!You be the Judge!!

Ronald Shocker chases his father into the Ronald Shocker chases his father into the street intending to assault him. His father street intending to assault him. His father

is struck and killed by a car.is struck and killed by a car.

• Should Ronald Shocker be convicted of Should Ronald Shocker be convicted of murder? murder?

• Is Ronald Shocker responsible for his Is Ronald Shocker responsible for his fathers death?fathers death?

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CLASSIFICATIONCLASSIFICATIONOF CRIMESOF CRIMES

FelonyMisdemeanor

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FELONYFELONY

A felony is a crime punishable by confinement for more than a year in a state prison or by a fine of more than $1,000, or both—or even death.

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EXAMPLES OF FELONIESEXAMPLES OF FELONIES

ArsonBurglaryEmbezzlementForgeryKidnapping

MurderPerjuryRapeRobberyTheft of large sums

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You be the Judge!!You be the Judge!!

Sean and Michelle where sitting at home when a door flung open. Butch stood at the door, carving knife in one hand and

beer bottle in the other. Michelle grabbed her fathers pistol from a desk and aimed it at Butch. Butch lunged towards Michelle. Michelle pulled the trigger and killed Butch with one shot.

Does Michelle have a defense?

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MISDEMEANORMISDEMEANOR

A misdemeanor is a less serious crime. It is usually punishable by confinement in a county or city jail for less than one year, by fine, or both.

Examples of misdemeanors include disorderly conduct and speeding

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INFRACTIONINFRACTION

Some states classify lesser misdemeanors as infractions.

A person convicted of an infraction can only be fined.

Because there is not risk of being jailed, the defendant is not entitled to a jury trial.

Examples include littering and parking violations.

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BUSINESS-RELATED CRIMESBUSINESS-RELATED CRIMES

LarcenyReceiving stolen

propertyFalse pretensesForgery

BriberyComputer crimeExtortionConspiracyArson

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G O A L S

Criminal ProcedureCriminal Procedure

Know the rights a person has when arrestedRecognize a person’s potential criminal liability

for the actions of othersUnderstand the justifiability of the common

defenses to criminal charges

LESSON 5-2LESSON 5-2

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RIGHTS AND RIGHTS AND RESPONSIBILITIESRESPONSIBILITIES

Rights when arrestedDue processRepresentation by a lawyer

Responsibility for the criminal conduct of others

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DEFENSES TO DEFENSES TO CRIMINAL CHARGESCRIMINAL CHARGES

Procedural defensesSubstantive defenses

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PUNISHMENTS PUNISHMENTS FOR CRIMESFOR CRIMES

A penalty provided by law and imposed by a court is called a punishment.

The purpose is not to remedy the wrong but rather to discipline the wrongdoer.

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Defenses to Criminal Behavior Defenses to Criminal Behavior

InfancyIntoxicationInsanityEntrapmentMistakeConsentDuressSelf-Defense

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PLEA BARGAININGPLEA BARGAINING

Plea bargaining is when an accused person agrees to plead guilty to a less serious crime in exchange for having a more serious charge dropped.

When plea bargaining the accused gives up the right to a public trial to avoid the risk of greater penalty if convicted.

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You are the Judge!!You are the Judge!!

One night you are walking down the street after a movie. A thug grabs you and holds a gun to your throat. He forces

you to walk with him to a jewelry store. With a gun still to your throat, he gives you a hammer and makes you break

the glass window case and give him a diamond necklace. He then runs away.

Are you guilty of a crime?

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You be the Judge!! You be the Judge!!

Angie’s boyfriend, Zeke, a drug addict, sent Angie out on her usual mission to get money so he could

support his habit. She picked up her partner, Betty along with Betty’s cousin, Carla. While shopping in clothing store, Angie pointed a gun at the cashier

demanding money, while Betty kept a look out. Carla was busy trying on clothes, unaware of what was happening. Driving home, the three heard a news

report giving their descriptions and detailing what had just occurred. Carla offered to let them stay at her

place until it was safe to come back to town.Who is Guilty of what crimes?

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You be the Judge!!You be the Judge!!

At a ski resort, at the base of the mountain and on top, there are often hundreds of pairs of skis. Sometimes

someone puts on someone else’s skis. By coincidence, they match identically

to yours. Do we have crime here?