crime and criminal laws in united states

8/12/2019 Crime and Criminal Laws in United States

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Chapter 8

CRIME


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Quotes of the Day

He threatens many that hath injured one.Ben Jonson, English Dramatist

Most of the evils of life arise from mans beingunable to sit still in a room.

Blaise Pascal,

French Scientist and Religious Essayist


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Civil Law vs. Criminal Law

Procedure for criminal trial -- government decideswhether to prosecute; defendant has the right to ajury trial.

In a criminal suit, the court determines the guilt, sothat a punishment can be given.

A felony is a serious crime, with a sentence of oneyear or more in prison. A misdemeanor is lessserious, often with a sentence of less than a year.

Civil law concerns the rights and liabilities betweenprivate parties; criminal law concerns those activities

that society has outlawed.


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Purpose of Punishment

Restraint -- to keep a violent criminal away from therest of society.

Deterrence -- avoid future crimes, both by thiscriminal and by others warned by the punishment.

Retribution -- to give criminal a punishment equal tohis crime.

Vengeance -- to make the criminal suffer.

Rehabilitation -- to provide training to allow theprisoner to return to normal life.


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The Prosecutions Case

Conduct Outlawed The prosecution must show that the defendants alleged

activity is indeed illegal.

Burden of Proof The jury must believe beyond a reasonable doubt in order

to convict. This is to protect innocent defendants fromundeserved punishment.

Actus Reus(means the guilty act) The prosecution must show that the defendant committed

the act (not just talked about doing it).

Mens Rea(means guilty state of mind) SEE NEXT SLIDE


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Mens Rea

The defendant must have had a guilty state of mind.

General Intent Required by most crimes; the defendant intended to do the

illegal act they are accused of doing.

Specific Intent Some cases require that the defendant intended to do

something beyond the act they are accused of.

Reckless or Negligent Conduct Consciously disregarding a substantial risk of injury.

Strict Liability Certain acts dont require a guilty state of mind, only proof

that the defendant did the illegal act.


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The Prosecutions Case

How does the state prove criminal intent?

Is separate proof required for each?


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Defenses

InsanityA defendant who can prove he was insaneat the time of the crime will be declarednot guilty.

Two basic tests are used to determine

sanity

A very small percentage of defendants pleadinsanity and a very small percentage of thoseare acquitted. Those who are acquitted often

spend longer in mental institutions than theywould have spent in prison.


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Defenses: Insanity

How often do defendants use it?

What is the moral basis?


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B iebe r v P eop l e May a jury find that a defendant with ADD is

legally insane?

Suppose a defendant goes to a bar, gets blind

drunk, and then goes out and robs a store. Ishis intoxication a defense to the robbery?


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Defenses (contd)

DuressA defendant may plead duress if she can

show that a threat by a third person causedher fear of imminent physical harm.

Entrapment If the government induces a defendant to

break the law, they must prove that thedefendant was predisposed to commit the

crime.


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Crimes That Harm Business

Larceny-- The trespassory taking of personalproperty with the intent to steal it. Someone else originally had the property. Personal property, not services or real estate.

Fraud-- Deception for the purpose of takingmoney or property from someone. Includes bank fraud, wire and mail fraud, insurance

fraud, Medicare fraud.

Arson using fire or explosives to damage ordestroy property, usually with either malicious orfraudulent intent. Insurance fraud causes higher premiums for all.


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Crimes That Harm Business(contd)

Computer Crime -- federal statutes prohibitunauthorized access to computers:

in the federal government at financial institutions involved with the government by means of an Internet that crosses state lines

Embezzlement-- Fraudulent conversion ofsomeone elses property already in the defendantspossession. Defendant already had possession (but not ownership

or control) of the property. Defendant used property for own uses.


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Money Laundering Cases andProsecutorial Ethics

Are more people funneling drug money out ofthe country?

Whats the problem with a stiff penalty for thiscrime?


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Computer Crime Statutes

The Computer Fraud and Abuse Act

The Access Device Fraud Act

The Identity Theft and AssumptionDeterrence Act

The Wire and Electronic Communications

Interception Act


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Identity Theft

Identity Theft using someone elsespersonal information to gain access to theirfinancial accounts.


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Crimes Committed byBusiness

If someone commits a crime within the scope ofhis employment and to benefit the corporation,the company is liable.

Punishment Compliance programs -- if a company has a

valid, functioning plan to prevent and detectcriminal behavior, the judge must (according toFederal Sentencing Guidelines) reduce the

penalty of a crime of an employee.


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Crimes Committed by Business

Occupational Safety and Health Act

Money Laundering -- using the profits ofcriminal acts to promote more crime orconcealing an illegal source of money.

Racketeer Influenced and Corrupt

Organization Act


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Racketeer Influenced and

Corrupt Organization Act

Racketeering Acts Goals that Violate RICO

RICO --

R ICO p roh ib it s u s ing tw o o r m oreracke tee r ing ac t s to accom p l ishcer ta in goa l s


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Constitutional Protections

No matter what crime a suspect is accused of, theConstitution of the United States offers protectionagainst inhumane treatment and ensures certainhuman rights.

The procedures by which a suspect isinvestigated, arrested, interrogated and tried iscontrolled by the Bill of Rights.

Almost all important criminal procedure rightshave been expanded beyond the federalgovernment to law enforcement at the state andlocal level.


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The Criminal Process

Notification to Police

Warrant

Probable Cause

Search and Seizure


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The Criminal Process (contd)

Arrest Warrant

Arrest

Bail Hearing


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Indictment

Arraignment

Discovery


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Motion to Suppress

Plea Bargaining

Trial and Appeal


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Fourth AmendmentProhibits illegal searches and seizures.

There are six situations in which police maysearch without a warrant:

Plain view

Stop and Frisk Emergencies

Automobiles

Lawful arrest

Consent


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Fourth Amendment

A search WITH a warrant is unlawful, if: There was no probable cause. The warrant did not specify place or items. It extended beyond the scope of the warrant.

Exclusionary Rule Evidence obtained illegally (without a warrant or

improperly obtained with a warrant) may not beused at trial against the victim of the search.

The purpose of the exclusionary rule is to makesure that the police follow proper procedureswhen conducting a search.


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The Patriot Act of 2001

Passed after Sept. 11 attacks; gives police greatersearch and investigative powers.

Opponents claim it also threatens privacy andindividual freedoms.

The courts are facing questions about the legitimacy ofthe Patriot Act.


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Fifth Amendment

Due Process

Double Jeopardy

Self-incrimination Mi r anda rights


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Other Amendments

Guarantees the right to a lawyer, and to have himpresent for all stages of the process.

Government must provide lawyer, at no charge, forthose who cannot afford one.

The Sixth Amendment

Prohibits cruel and unusual punishment. Capital punishment has been controversial under this

amendment.

Three strikes laws have created situations where apunishment is excessive for the crime.

Forfeiture (forced loss of property) has been allowedunder this amendment, but the allowable amount hasnot been set.

The Eighth Amendment


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Crime comes in manyforms and the culprits

can surprise us.


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THE END

crime and criminal laws in united states

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