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Chapter 8
CRIME
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Quotes of the Day
He threatens many that hath injured one.
Ben J onson, English Dramatist
Most of the evils of life arise from mans being
unable 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 decides
whether to prosecute; defendant has the right to a
jury trial.
In a criminal suit, the court determines the guilt, so
that a punishment can be given.
A felony is a serious crime, with a sentence of one
year or more in prison. A misdemeanor is less
serious, often with a sentence of less than a year.
Civil law concerns the rights and liabilities between
private 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 the
rest of society.
Deterrence -- avoid future crimes, both by this
criminal and by others warned by the punishment.
Retribution -- to give criminal a punishment equal to
his crime.
Vengeance -- to make the criminal suffer.
Rehabilitation -- to provide training to allow the
prisoner 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 from
undeserved 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
Insanity
A defendant who can prove he was insane
at the time of the crime will be declared
not guilty.
Two basic tests are used to determine
sanity
A very small percentage of defendants plead
insanity and a very small percentage of those
are acquitted. Those who are acquitted often
spend longer in mental institutions than they
would 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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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. Is
his intoxication a defense to the robbery?

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Defenses (contd)
Duress
A defendant may plead duress if she can
show that a threat by a third person caused
her fear of imminent physical harm.
Entrapment
If the government induces a defendant to
break the law, they must prove that the
defendant was predisposed to commit the
crime.
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Crimes That Harm Business
Larceny -- The trespassory taking of personal
property 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 taking
money or property from someone.
Includes bank fraud, wire and mail fraud, insurance
fraud, Medicare fraud.
Arson using fire or explosives to damage or
destroy property, usually with either malicious or
fraudulent intent.
Insurance fraud causes higher premiums for all.
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Crimes That Harm Business
(contd)
Computer Crime -- federal statutes prohibit
unauthorized 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 of
someone elses property already in the defendants
possession.
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 and
Prosecutorial Ethics
Are more people funneling drug money out of
the country?
Whats the problem with a stiff penalty for this
crime?


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Computer Crime Statutes
The Computer Fraud and Abuse Act

The Access Device Fraud Act

The I dentity Theft and Assumption
Deterrence Act

The Wire and Electronic Communications
I nterception Act
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Identity Theft
Identity Theft using someone elses
personal information to gain access to their
financial accounts.
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Crimes Committed by
Business
If someone commits a crime within the scope of
his employment and to benefit the corporation,
the company is liable.
Punishment
Compliance programs -- if a company has a
valid, functioning plan to prevent and detect
criminal behavior, the judge must (according to
Federal 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 of
criminal acts to promote more crime or
concealing 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 --
RI CO prohibits using two or more
racketeering acts to accomplish
certain goals.
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Constitutional Protections
No matter what crime a suspect is accused of, the
Constitution of the United States offers protection
against inhumane treatment and ensures certain
human rights.
The procedures by which a suspect is
investigated, arrested, interrogated and tried is
controlled by the Bill of Rights.
Almost all important criminal procedure rights
have been expanded beyond the federal
government to law enforcement at the state and
local 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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The Criminal Process (contd)
I ndictment

Arraignment

Discovery
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The Criminal Process (contd)
Motion to Suppress

Plea Bargaining

Trial and Appeal
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Fourth Amendment
Prohibits illegal searches and seizures.
There are six situations in which police may
search 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 be
used at trial against the victim of the search.
The purpose of the exclusionary rule is to make
sure that the police follow proper procedures
when conducting a search.
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The Patriot Act of 2001
Passed after Sept. 11 attacks; gives police greater
search and investigative powers.
Opponents claim it also threatens privacy and
individual freedoms.
The courts are facing questions about the legitimacy of
the Patriot Act.
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Fifth Amendment
Due Process
Double J eopardy

Self-incrimination
Miranda rights
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Other Amendments
Guarantees the right to a lawyer, and to have him
present for all stages of the process.
Government must provide lawyer, at no charge, for
those 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 a
punishment is excessive for the crime.
Forfeiture (forced loss of property) has been allowed
under this amendment, but the allowable amount has
not been set.
The Eighth Amendment
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Crime comes in many
forms and the culprits
can surprise us.
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THE END