• Something one does or fails to do that is in violation of a law. • Behavior that the government has set a penalty. • Offenses against society Elements of every Crime
Three elements:
1. duty to do (or not to do) a certain thing to establish duty in a trial the prosecutor will cite the statute to a judge
2. an act or omission in violation of that duty the breach of this duty is the criminal act.
3. criminal intent must be proven 1. defendant intended to commit the act 2. intended to do evil Criminal Intent Cont.:
Issues for Corporations
1. Can a corporation form criminal intent? ~ If the corporations employees have criminal intent, the employer can be judged to have criminal intent ~ If the employees were doing their assigned duties and the criminal act benefits the organization, most courts will find criminal intent
2. Can officers be held criminally responsible if an employee commits a crime? ~ many times the answer is yes, under the doctrine of vicarious liability (substituted liability) ie: president of company knows generally about dangerous working conditions, but does nothing and a worker is killed, president may be charged with homicide Criminal Intent Cont.:
Issues of age
1. under seven considered below the age of reason
2. seven to fourteen must prove they had knowledge
3. fourteen to seventeen kind of a gray area- will depend on crime
4. eighteen and up are adults
Criminal Intent
Cont.:
Issues Intent
1. sufficient mental capacity to know the difference between right and wrong
2. insane persons are not held responsible
3. normally neither voluntary intoxication nor use of drugs will be considered to affecting ones criminal intent
Criminal Intent
Cont.:
When is intent not required
1. less serious crimes 2. jail time is unlikely
ie: traffic offenses, extreme carelessness Overview Criminal Conduct Classifications 1. Crimes against a person (assault and battery, kidnapping, rape, murder) 2. Crimes against property (theft, robbery, embezzlement, receiving stolen property) 3. Crimes against the government and the administration of justice (treason, tax evasion, bribery, counterfeiting, perjury) 4. Crimes against public peace and order (rioting, carrying concealed weapons, drunk and disorderly conduct, illegal speeding) 5. Crimes against realty (burglary, arson, criminal trespass) 6. Crimes against consumers (fraudulent sale of worthless securities, violations of pure food and drug laws) 7. Crimes against decency (bigamy, obscenity, prostitution, contributing to the delinquency of a minor) Crime Classifications
Felonies Serious crime punishable either by confinement for more than one year in a state prison
Misdemeanors Less serious crime punishable 1) by confinement in a county or city jail for less than one year, 2) by fine, or 3) by both confinement and fine ~ can be classified as an infraction
White-collar crimes Criminals are generally well-educated, respected members of the community Crimes Against Property
1. Larceny – wrongful taking of money or personal property belonging to someone else. Robbery – taking of property from another’s person or immediate presence, against the victim’s will, by force or causing fear Burglary is another variation, entering a building without permission 2. Receiving Stolen Property – knowingly receiving or buying 3. False Pretenses – obtain money or property by lying 4. Forgery – falsely making or materially altering a writing to defraud another Crimes Against Property, cont.
4. Bribery – unlawfully offering or giving to a governmental official anything of value to influence performance
6. Conspiracy – agreement between two or more persons to commit a crime
7. Arson – willful and illegal burning of a building
8. Selling and Buying Narcotics
9. Computer Crime Defenses to a Criminal Charge
Procedural Defenses ~ Based on problems with the way evidence is obtained or the way the accused person is arrested, questioned, tried, or punished ~ Ignorance of the law is not a defense
Substantive Defenses ~ disprove, justify, or excuse the alleged crime ~ most discredit facts the state seeks to establish ~ ie: self-defense, criminal insanity, and immunity Parties to Crimes
Principal ~ person who commits the crime
Accomplice ~ someone who helps the principal commit a crime
Accessory before the fact ~ person who orders a crime or helps the principal commit the crime but who is not the present during the crime ~ can usually be charged with the same crime as the principal
Accessory after the fact ~ someone knowing a crime has been committed, helps the principal or an accomplice avoid capture or helps them escape
Preliminary Crimes
Solicitation ~ to ask, command, urge, or advise another to commit a crime
Attempt ~ perform all the elements of a crime but fail to achieve the criminal result
Conspiracy ~ agreement between two or more persons to commit a crime