UNIT 1SECTION 3TYPES OF

CRIME- Crimes Against People and

Property -

LAWYERS – THINGS TO ASK What is the lawyer’s fee?

Retainer - down payment on the total fee. Contingency fee – percentage of whatever

amount the client wins/settles for. Will there be a written fee agreement? Has the lawyer ever handled cases like

yours before? Will the lawyer provide you with copies of

all correspondence and documents prepared on your behalf?

Will the lawyer keep you informed of any new developments in your case and talk to you in “plain English”?

WORKING WITH A LAWYER Attorney-client privilege

Granted by the law Whatever you tell your attorney about your case is private and

confidential. Information can not be disclosed to anyone without your permission.

A good attorney will give you advice You must make the final decision

An attorney’s job is to help you understand what is going on So that you can make an informed decision You should ask questions to clarify

You may discharge your lawyer if you are not satisfied Once in court, a judge will permit this change only for a

very good reason.

CODE OF PROFESSIONAL RESPONSIBILITY1. A lawyer should assist in maintaining the integrity and

competence of the legal profession2. A lawyer should assist the legal profession in fulfilling its

duty to make legal counsel available.3. A lawyer should assist in preventing the unauthorized

practice of law.4. A lawyer should preserve the confidences and secrets of a

client.5. A lawyer should exercise independent professional

judgment on behalf of a client.6. A lawyer should represent a client completely.7. A lawyer should represent a client zealously within the

bounds of the law.8. A lawyer should assist in improving the legal system.9. A lawyer should avoid the appearance of professional

impropriety.

LAWYER VOCAB. Disbarred – license to practice law is

revokedViolation of standards of conductMay be reprimanded, suspended, or

disbarredOnce disbarred, a lawyer no longer has a

license to practice law Legal malpractice – attorney lawsuit for

serious errors that result in injury or loss to a client.Filed by the client against their lawyer.

CRIME IN AMERICA Crime – something that one does or fails to

do that is in violation of a law.

In 2001 24.2 million crimes were committed24% violent in nature

According to surveys of victims50% reported crimes against themselvesLess than 40% reported property crimes

Law enforcement recordsOf cases reported, about 20% led to an arrestArrest rate is considerably higher for violent

crimes

CRIME RATES Higher in urban than suburban communities Higher in suburban than rural communities

Crime is not confined to any particular group 15-24 year-olds commit more violent crimes than any other

group Males commit almost 4x as many crimes as females

Female offenses has increased in recent years

68% of female victims knew their offenders 45% of male victims knew their offenders About 35% of victims report that the offender had been using

alcohol

Violent crimes are more likely to occur during the day 2/3 of rapes occur at night

U.S. CRIME RATES http://www.fbi.gov/about-us/cjis/ucr/crim

e-in-the-u.s/2010/crime-in-the-u.s.-2010/offenses-known-to-law-enforcement/crime-clock

http://www.nationmaster.com/graph/cri_tot_cri-crime-total-crimes

http://www.disastercenter.com/crime/uscrime.htm

http://www.disastercenter.com/crime/necrimn.htm

http://www.dailyfinance.com/2010/04/05/most-dangerous-states-crime-rankings-for-2010/

NEBRASKA CRIME STATISTICS AND RATES REPORT

2009 Crime (Actual Data) Incidents

Aggravated Assault 3,205Arson N/ABurglary 8,701Forcible Rape 595Larceny and Theft 37,432Motor Vehicle Theft 3,481Murder and Manslaughter 40

Robbery 1,219Crime Rate (Total Incidents) 54,673

Property Crime 49,614Violent Crime 5,059

10 most peaceful states: Maine Vermont New Hampshire Minnesota Utah North Dakota Washington Hawaii Rhode Island Iowa

Five most peaceful U.S. metro areas/cities:

Cambridge-Newton-Framingham, Mass.

Edison-New Brunswick, N.J. Seattle-Bellevue-Everett,

Wash. Minneapolis-St. Paul-

Bloomington, Minn.-Wis. Peabody, Mass.

10 least peaceful states: Louisiana Tennessee Nevada Florida Arizona Missouri Texas Arkansas South Carolina Mississippi

Five least peaceful U.S. metro areas/cities:

Detroit-Livonia-Dearborn, Mich. New Orleans-Metairie-Kenner,

La. Miami-Miami Beach-Kendall,

Fla. Baltimore-Towson, Md. Houston-Sugar Land-Baytown,

Texas

1. St. Louis 5302. Atlanta 4843. Birmingham Alabama (tie) 380

3. Orlando (tie) 3805. Detroit 3696. Memphis 3617. Miami 3468. Baltimore 3399. Kansas City, Missouri 33710. Minneapolis (tie) 33110. Cleveland (tie) 331

11 MOST DANGEROUS CITIES IN THE U.S.

HOW DOES CRIME AFFECT EVERYONE? Lost or damaged lives Fear and suffering MONEY

Government expenditures on crime = $150+ billion per year

A family of 4 pays on average $1,500+ per year in taxes relating to crime even if they are not victims of crime.

What causes crime, and what can be done about it?

PARTIES TO CRIME Principal

Person who commits a crime Accomplice

Someone who helps the principal commit a crime

Accessory before the fact Person who orders or helps the principal

commit a crime, but is not present Accessory after the fact

A person who, knowing a crime has been committed, helps the principal or accomplice avoid capture or helps them escape

TYPES OF CRIME Crime of Omission

If a person fails to act on what is a legal duty

Preliminary CrimesSolicitation

Ask, command, urge, or advice another person to commit a crime

Attempt Performs all of the elements of a crime but fails

to achieve the criminal resultConspiracy

An agreement between two or more persons to commit a crime

CRIMES AGAINST PEOPLE Homicide

Killing of one human being by another Attempted Suicide

Deliberate taking of one’s one life Assault and Battery

Attempt or threat to carry out a physical attack on another person

Any unlawful physical contact inflicted by one person on another person without consent Stalking Sexual assault

Rape Sexual intercourse without consent

Acquaintance (date) rape

CRIMINAL HOMICIDE Malice

Having the intent to kill or seriously harm another, showing lack of regard for human life

First-degree murder Premeditated and deliberate killing or attempt

Felony murder Killing that takes place during arson, rape, robbery, or burglary

Second-degree murder With malice but not premeditated or deliberation Intent to kill did not exist until the moment of the murder

Voluntary manslaughter Killing that occurs after the victim has done something to the killer that

would cause a reasonable person to lose self-control Involuntary manslaughter

Unintentional killing resulting in reckless conduct Negligent homicide

Failure to exercise a reasonable or ordinary amount of care in a situation, thereby causing harm to someone.

NONCRIMINAL HOMICIDE Killing that is justifiable or excusable

and for which the killer is deemed faultless.

CRIMES AGAINST PROPERTY

Arson – burning of a person’s property Vandalism –destruction of/damage to property

a.k.a. malicious mischief Larceny – theft of property

Shoplifting and concealment Embezzlement – taking of property by a person that it has been

entrusted to Robbery – taking of property through force/intimidation Extortion – use of threats to obtain property of another

blackmail Burglary – unauthorized entry with the intent to commit a crime

a.k.a. breaking and entering Forgery – making of false documents/falsely signing documents Receiving Stolen Property – buy/receive stolen property Unauthorized Use of a Vehicle – taking a vehicle without owner’s

consent Carjacking

Computer Crime – any violation of criminal law that involves the use of computer technology