Chapter 12 Criminal Law

Imprisonment imposed to:

1. incapacitate the criminal so he or she will not harm others in society 2. provide means to rehabilitate the criminal 3. deter others from similar conduct 4. inhibit personal retribution by victim

General intent

require that the perpetrator either knew or should have known that her actions would lead to harmful results, the government does not have to prove that the accused intended the precise harm that resulted from her actions o Ex. assault and battery the perpetrator intends to commit the crime but does not know the actual results of the crime in advance

Specific intent

require that the perpetrator intended to achieve a specific result from his illegal act o Ex. premeditated murder is a specific intent crimes because the perpetrator intends a specific result, the death of the victim, arson forgery and fraud

Arraignment

second step in Procedure

Grand jury

serious crimes like murder go to grand jury, comprised of six to 24 citizens who are charged with evaluating the evidence presented by government, sit for a period of time like one year. If grand jury determines that there is sufficient evidence to hold the accused for trail it issues an indictment If indictment is issued the accused will be held for later trail

Regulatory Statues

statutes such as environmental laws, securities laws, antitrust laws, that provide for criminal violations and penalties

Penal Codes

a collection of statutes Ex. burglary, robbery, first degree murder

Criminal Law

In US a person charged of a crime is presumed innocent until proven guilty Conviction requires unanimous jury vote

Miranda Right

Supreme Court read to a criminal suspect before he or she is interrogate by the police or other government officials • You have the right to remain silent • Anything you say can and will be used against you • You have the right to consult a lawyer and to have a lawyer present with you during interrogation • If you cannot afford a lawyer, a lawyer will be appointed free of charge

Receiving Stolen Property

a crime that involves 1. Knowingly receiving stolen property 2. intending to deprive the rightful owner of that property Ex. David buys a Rolex watch off the street for $200 when in a retail store it would cost $1000. David is guilty of the crime of receiving stolen property because it could easily be proven by circumstantial evidence that he had knowledge that the watch was stolen property

Plea Bargain

an agreement in which the accuse admits to a lesser crime than charged. In return, the government agrees to impose a lesser sentence than might have been obtained had the case gone to trail

Nonintent crimes

are often imposed for reckless or grossly negligent conduct that causes injury to another person Ex. a person drives his car 55 miles per hour while in a 35 mile per hour traffic zone while doing so the driver cannot stop his car at a red traffic light, enters the pedestrian crossing kills the pedestrian, driver conduct is reckless, guilty of involuntary manslaughter

Prove a Person Guilt of Intent Crime

criminal act (actus reus = guilty act) criminal intent (mens rea = evil intent)

Arrest

first step in Procedure

Magistrate (judge)

for lesser crimes, burglary or shoplifting, the accused will be brought before magistrate who find that there is enough evidence to hold the accused for trail will issue an information statement Case can be dismissed if neither and indictment nor information statement is issued

Probable cause

is defined as the substantial likelihood that a person either committed or is about to commit a crime Ex. of warrantless arrest make arrest is arriving during the commission of a crime, fleeing from a seen of a crime, or when it is likely that evidence will be destroyed

Embezzlement

is the fraudulent conversion of property by a person to whom that property was entrusted, committed typically by employer's employees, agents or representatives (accountants, lawyers etc.) The stolen property was entrusted to the embezzler Ex. a bank entrust a teller to take deposits from the its customer and deposit them into the customers' account instead bank teller absconds with the money

Violations

least serious of crimes, punishable by fines, occasionally one to two days of imprisonment Ex. crimes such as traffic violations, jaywalking

Misdemeanor

less serious crimes, not inherently evil but are prohibited by society, punishable by fines and/or imprisonment for one year or less Ex. crimes against property such as robbery, burglary and less serious violations of regulatory statutes

Felony

most serious crimes, inherently evil, punishable by imprisonment some by death (first degree murder) Ex. most crimes against persons (murder, rape) and certain business related crimes (embezzlement, bribery) are felonies in most jurisdictions

Felony Murder Rule

murder is committed sometimes during the commission of another crime even though the perpetrator did not originally intend to commit murder, most states hold the perpetrator liable for the crime of murder in addition to the other crimes

Criminal Conspiracy

when two or more person enter into an agreement to commit a crime 1. defendants have been thwarted in their efforts to commit the substantive crime 2. there is insufficient evidence to prove the substantive crime Ex. two securities brokers agree over the telephone to commit a securities fraud. Obtain a list of potential victims and prepare false financial statements necessary for the fraud because they entered into an agreement to commit a crime and took an overt act the brokers are guilty of the crime of criminal conspiracy even if they never carry out the securities fraud

Nolo Contendere

whereby the accused agrees to the imposition of a penalty but does not admit guilt Ex. government brings charges against a corporation for criminally violating environmental pollution laws. Government and the corporation enter into an agreement whereby the corporation pleas nolo contendere and agrees to pay a find of $5 million but does not plead guilty to the violation

Criminal Trails

• Defendant found guilty he or she may appeal • Defendant is found not guilty the government cannot appeal • Jury cannot come to a unanimous decision it is a hung jury, the government can chose to retry the case before a new judge and jury