Test Friday

Chapter 5 Test Review

3 Elements of Crime

Duty: Defined based on the statute (The law) and tells you what you can or cannot do

Breach: Did not follow the statute or law (Broke law)

Intent: Proof you meant to commit the act

Criminal JuryMade up of 12 jurors “ALL” must agree to convict “EVERY”

timeJudges interpret lawJuries decide issues of “Fact”Witnesses (Lay witnesses) are people

with knowledge of factsExpert witnesses are people who give

opinions

Contempt of CourtMeans you are impeding justice in

some wayWitnesses, lawyers or spectators can

be held in contempt (BY JUDGE)Penalty could be a fine or jailExamples of Contempt of court:

Refusing to testify, NOT listening to a judges orders, or acting up in the court

CODES

Laws organized into some group

Criminal Codes, business codes, civil codes or administrative codes, such as social security laws or DMV laws

STARE DECISIS

Latin term meaning to adhere to decided cases

Important because it’s a common law rule that allows older case decisions to be used as a guide for future cases

It allows the law to be built over time

EQUITY

Legal term meaning fairnessMaking sure all people are given a fair trial and if a criminal matter, making sure they have a lawyer

Fairness also applies to a judge

CASE LAW

Built by the judicial branch of government

Judicial meaning courtsJudges rule and these cases are considered “precedent” (Guides) for future cases to be decided

WHY ARE CRIMES AGAINST SOCIETY?

All of society pays for a persons criminal acts

We pay tax dollars for police, judges, public attorneys (District Attorney or Public Defender)

Cost involved to upkeep jails or prisonsCriminal acts effect the way people

view any part of society as well

SUBSTANTIVE VS. PROCEDURAL

Substantive Law Procedural Law

Substantive law is based on the definition (Statute) of the law broken

Part of both criminal cases and tort cases

Forcing the plaintiff or prosecution to meet their burden

Self defense, immunity

Procedural law is based on a persons legal rights

Miranda rights in a criminal case

Serving a defendant court papers in a civil case

Allowing a defendant NOT to testify against their rights in court

ELEMENTS OF A CRIME AND POINTS

Based on Law Rights

CRIMEDuty (The

statute)Breach (Broke

the law or statute)Intent (Meant to

commit the act and do evil)

RIGHTSNot to testifyIllegal search and

seizuresLawyerProof by

government (Prosecution)

1.Person meant to do Evil

2.Person meant to commit Act

3.In early Common Law, the age to form intent was “7”

Criminal Intent

Crimes with no INTENT to convict

Speeding (Infraction)Parking ticket (Infraction)Manslaughter (Felony offense meaning murder without intent)

CRIMINAL DEFENSE

Act in which a criminal defendant tries to escape criminal liability

Innocent until proven guiltyBecause it’s a criminal offense, you are “GUARANTEED” a lawyer (No guarantee with civil/tort offense)

DIFFERENCE BETWEEN

IMMUNITYAllowing a witness

to escape criminal liability based on testifying against someone else

Escaping liability means the criminal charges against them are dropped

PLEA BARGAINWhen a witness

agrees to plead guilty to a lesser charge in exchange for the more serious charge to be dropped

Used by a prosecutor to get a conviction and save taxpayers money

PURPOSE OF CRIMES

Punishment!Not to rehabilitate, not to educate but to punish the wrongdoer

CRIMES- TYPES OF THEFT

Larceny- commonly known as theft. Can be petit or grand, depending on the amount stolen

Burglary- breaking into a building with the intent to commit a crime

Robbery- taking property off a person

CRIMES- EMBEZZLEMENT

Taking something that has been entrusted to you “Without” permission

Ex) You work for a bank and you take money without permission

** Its still a crime if you pay it back later

CRIMES- VICARIOUS LIABILITY

This means you are held liable for the acts of another person

Usually based on a business or company

Ex) An employee of yours destroys someone else's property while on the job, you as the owner can be held responsible for the acts of the employee

WHITE COLLAR CRIMES

Based on a businessUsually non-violent and does not cause physical injuries

Many times based on fraud or embezzlement

Company can be held responsible for employees actions (Vicarious liability)

Crimes- Extortion vs. Bribery

BlackmailInfluencing with $$

Extortion is commonly known as blackmail

Ex) Telling an employee to work overtime for free or you will report them to the IRS for not paying taxes

Illegal, because you must report by law

Bribery- unlawfully offering something of value to influence a person

Ex) Giving a teacher money to pass you

Both sides can be found guilty of this crime

CRIMES- FALSE PRETENSES

False Pretenses means lying about a past or existing fact

Type of fraudMeaning to intentionally mislead another person

CRIMINAL PENALTIES

Petty Offense- type of lower level misdemeanor. Also known as Infraction. Commonly a speeding or parking ticket which leads to a fine

Misdemeanor- Less than 1 year in local prison and less than $1,000 fine or both

Felony- More than 1 year in state or federal prison, more than $1,000 fine or death

ALL CRIMES ARE CLASSIFIED AS

Misdemeanor Felony

MisdemeanorA less serious

crimeSpeeding is a

misdemeanor that results in a fine

Fines are criminal, NOT civil

FelonyMore serious crimes

like murder, rape or armed robbery

Punishment much more severe

On a persons records for life