CRIMINAL LAW 1 Public Wrongs Crimes

CRIMINAL LAW 1

Public Wrongs : Crimes Nature of Public Wrongs State and Federal Criminal Laws Selected Crimes Arson Assault Blackmail Burglary Computer crimes Driving while intoxicated Drug law violations Embezzlement Forgery Fraud Identity Theft Larceny Robbery 2

Public Wrongs : Crimes Common Defenses to Crimes Duress Entrapment Infancy Insanity Involuntary Intoxication Justification 3

Public Wrongs: Crimes The Criminal Justice System Police Courts Corrections The Juvenile Justice System The Role of the Police Juvenile Court Corrections 4

Crime n A social harm that the law makes punishable; the breach of a legal duty treated as the subject matter of a criminal proceeding. n A violation of a law in which there is injury to the public or a member of the public and a term in jail or prison, and/or a fine as possible penalties. 5

Crime n There is some sentiment for excluding from the "crime" category crimes without victims, such as consensual acts, or violations in which only the perpetrator is hurt or involved such as personal use of illegal drugs. 6

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Felony n A serious crime usually punishable by imprisonment for more than one year or by death. n A crime sufficiently serious to be punishable by death or a term in state or federal prison, as distinguished from a misdemeanor which is only punishable by confinement to county or local jail and/or a fine. n However, a sentence upon conviction for a felony may sometimes be less than one year at the discretion of the judge and within limits set by statute. 8

Misdemeanor (1) n n A crime that is less serious than a felony and is usually punishable by fine, penalty, forfeiture, or confinement (usually for a brief term) in a place other than prison (such as a county jail). A lesser crime punishable by a fine and/or county jail time for up to one year. 9

Misdemeanor (2) n Misdemeanors are distinguished from felonies, which can be punished by a state prison term. They are tried in the lowest local court such as municipal, police or justice courts. 10

Misdemeanor (3) n Typical misdemeanors include: petty theft, n disturbing the peace, n simple assault and battery, n drunk driving without injury to others, n drunkenness in public, n various traffic violations, n public nuisances and n some crimes which can be charged either as a felony or misdemeanor depending on the circumstances and the discretion of the District Attorney. n 11

Selected Crimes* (Alphabetical List) Arson Assault Blackmail Burglary Driving while intoxicated Embezzlement Forgery Fraud Larceny RICO Robbery *Criminal statutes are strictly construed. 12

Assault (1) n n The threat or use of force on another that causes that person to have a reasonable apprehension of imminent harmful or offensive contact; the act of putting another person in reasonable fear or apprehension of an immediate “battery” by means of an act amounting to an attempt or threat to commit a battery. “Battery” is harmful or offensive contact with the person of another. 13

Assault (2) n n The threat or attempt to strike another, whether successful or not, provided the target is aware of the danger. The assaulter must be reasonably capable of carrying through the attack. In some states if the assault is with a deadly weapon (such as shooting with a rifle), the intended victim does not need to know of the peril. 14

Assault (3) n Some state laws distinguish between different degrees (first or second) of assault depending on whethere is actual hitting, injury or just a threat. 15

Assault (4) n "Aggravated assault" is an attack connected with the commission of another crime, such as beating a clerk during a robbery or a particularly vicious attack. 16

Assault (5) n Assault is both a criminal wrong, for which one may be charged and tried, and a civil wrong for which the target may sue for damages due to the assault, including for mental distress. 17

Burglary (1) n The common-law offense of breaking and entering another’s dwelling at night with the intent to commit a felony. n The modern statutory offense of breaking and entering any building – not just a dwelling, and not only at night – with the intent to commit a felony. 18

Burglary (2) n n n The crime of breaking and entering into a structure for the purpose of committing a crime. No great force is needed (pushing open a door or slipping through an open window is sufficient) if the entry is unauthorized. Contrary to common belief, a theft is not necessarily a burglary. 19

Burglary (3) n It can apply to any crime, such as assault or sexual harassment, whether the intended criminal act is committed or not. n Originally under English common law burglary was limited to entry in residences at night, but it has been expanded to all criminal entries into any building, or even into a vehicle. 20

Crime of larceny n A larceny occurs where the defendant, in a trespassory* manner, takes and carries away the personal property of another, with the specific intention to permanently deprive the latter of it. *The requirement of a “trespassory taking” means that if someone is already in rightful possession of the property at the time he appropriates it to his own use, he cannot be guilty of larceny. 21

Crime of larceny – Example (1) n n X, gives Y, a minor employee, a watch to deliver to Z. If Y later decides to abscond with the item before reaching his destiny, a larceny has not occurred. Why? 22

Crime of larceny – Example (2) n Y gives an item to X to deliver to X’s employer, Z. If X brings the good to Z, and then converts it, a larceny has occurred. However, if X decides to steal the item on his way back to Z’s premises, no larceny occurred. X already had possession of the item. X may, however, have committed embezzlement. 23

Robbery n Robbery was a common law felony consisting of all the elements of larceny, plus two additional elements: (1) the taking must be from the person or presence of the victim, and (2) the taking must be accomplished by force, intimidation, threat or violence. 24

Robbery – Example (1) n n X points a toy gun at Y, and demands the latter’s money. Y realizes the firearm is unreal, but pretends to be frightened. Y gives $20 to X, who then flees. No robbery has occurred (i. e. , Y did not deliver the money to X out of fear). Is this larceny? 25

Robbery – Example (2) n Y, a pickpocket, removes X’s wallet. If X discovers the loss later, no robbery has occurred (i. e. , the property was not obtained by force). If however, X becomes aware of Y’s actions and tries to prevent theft, Y is guilty of robbery (i. e. , fear of the loss of his property had been created in X’s mind). 26

Robbery – Example (3) n X knocks Y unconscious during a bar room brawl. He then notices that Y is wearing a gold watch. X removes the watch from Y’s wrists and leaves. Since X was responsible for Y’s unconscious condition, many courts view X’s actions as robbery (even though he did not have the specific intent to take Y’s watch until after the knockout had occurred). 27

Shoplifting n Theft of merchandise from a store or business; specifically, larceny of goods from a commercial establishment by willfully taking and concealing the merchandise with the intention of converting the goods to one’s personal use without paying the purchase price. 28

Crime of embezzlement n Embezzlement occurs where the defendant fraudulently converts another’s personal property at a time when the chattel was rightfully in the defendant’s possession. 29

Crime of embezzlement – Example (1) n X, a friend of Y’s, requests and is loaned Y’s car for a personal errand. X subsequently decides to appropriate the vehicle. An embezzlement (but not a larceny) has occurred. X converted the car after it was in his possession. If, however, X had formed the intention of stealing Y’s vehicle when he originally asked to use it, he is guilty of larceny by trick (i. e. , he obtained possession of the auto by fraudulent means). 30

Crime of embezzlement – Example (2) n X, an employee of Y, opens the latter’s safe and withdraws the monies in it. If Y had previously given the safe’s combination to X, X is guilty of embezzlement (i. e. , the funds were within X’s constructive possession). If, however, X surreptitiously obtained the combination, X’s actions would constitute larceny. 31

Forgery (1) n The act of making a false document or altering a real one to be used as if genuine. n A false or altered document made to look genuine by someone with the intent to deceive. 32

Forgery (2) n Under the Model Penal Code, the act of fraudulently altering, authenticating, issuing, or transferring a writing without appropriate authorization. n Under the explicit terms of the code, writing can include items such as coins and credit cards. 33

Forgery (3) n This includes improperly filling in a blank document, like an automobile purchase contract, over a buyer's signature, with the terms different from those agreed. n It does not include such innocent representation as a staff member autographing photos of politicians or movie stars. 34

Counterfeiting n While similar to forgery, counterfeiting refers to the creation of phony money, stock certificates or bonds which are negotiable for cash. 35

Fraud (1) n A knowing misrepresentation of the truth or concealment of a material fact to induce another to act to his or her detriment. n Fraud is usually a tort, but in some cases (especially when the conduct is willful) it may be a crime. 36

Fraud (2) n A tort arising from a knowing misrepresentation, concealment of a material fact, or a reckless misrepresentation made to induce another to act to his or her detriment. 37

Fraud (3) n A party who has lost something due to fraud is entitled to file a lawsuit for damages against the party acting fraudulently, and the damages may include punitive damages as a punishment or public example due to the malicious nature of the fraud. 38

Fraud (4) n Quite often there are several persons involved in a scheme to commit fraud and each and all may be liable for the total damages. 39

Fraud (5) n It includes failing to point out a known mistake in a contract or other writing (such as a deed), or not revealing a fact which he/she has a duty to communicate, such as a survey which shows there are only 10 acres of land being purchased and not 20 as originally understood. 40

Blackmail n n n A threatening demand made without justification. The crime of threatening to reveal embarrassing, disgraceful or damaging facts (or rumors) about a person to the public, family, spouse or associates unless paid off to not carry out the threat. It is one form of extortion (which may include other threats such as physical harm or damage to property). 41

Driving While Intoxicated n The offense of operating a motor vehicle in a physically or mentally impaired condition after consuming enough alcohol to raise one’s blood to alcohol content above the statutory limit (. 08% in many states), or after consuming drugs. n What about Korea? 42

RICO n Abbr. RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS ACT. n A federal law which makes it a crime for organized criminal conspiracies to operate legitimate businesses. n Also, civil damages are available. 43

Arson (1) n At common law, the malicious burning of someone else’s dwelling house or outhouse that is either appurtenant to the dwelling house or within the curtilage. 44

Arson (2) n Under modern statutes, the intentional and wrongful burning of someone else’s property (as to destroy a building) or one’s own property (as to fraudulently collect insurance). 45

Arson (3) n n The felony crime of intentionally burning a house or other building. The perpetrators range from mentally ill pyromaniacs to store owners hoping to get insurance proceeds. Historically, arson meant just the burning of a house, but now covers any structure. A death resulting from arson is murder. 46

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Defense n n A defendant’s stated reason why the plaintiff or prosecutor has no valid case; especially, a defendant’s answer, denial, or plea. A response to a complaint, called an affirmative defense, to counter, defeat or remove all or a part of the contentions of the plaintiff. 48

When is entrapment a defense? n Entrapment is only a defense when the origin of intent was in the police. In most jurisdictions, if the defendant was personally predisposed to commit the crime, entrapment is not a defense. 49

Entrapment - Example n n Polly is a high-priced prostitute who caters to very wealthy men in the capital of the state of Euphoria. In an attempt to catch her in the act, Harvey, a police officer, poses as a customer and asks her to perform a sexual act for money. If Polly performs the act, she can be prosecuted for prostitution and cannot raise entrapment as a defense because she was predisposed to prostitution. What different facts would support an entrapment defense? 50

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When is a person under arrest? n A person is under arrest when he is taken into custody for the purpose of commencing a criminal action. Dunaway v. New York, 442 U. S. 200 (1979). 52

Is probable cause required for an arrest? n Yes. Whether an arrest is made with or without a warrant, the police must have probable cause at the time of the arrest. A reasonably prudent man must believe that the defendant had committed or was committing an offense. Draper v. United States, 358 U. S. 307 (1959); Beck v. Ohio, 379 U. S. 89 (1964). 53

Lack of Probable Cause - Example n In a visit to John’s office to question him about his observations of a co-worker who is suspected of murder, Officer Grady thinks that the driver, John, is “acting a little funny. ” John is continually glancing toward another room and seems to be attempting to conceal something in his pocket. Without more evidence that John has committed a crime, Officer Grady may briefly question John about his own criminal activity, but he may not arrest him, as he lacks probable cause. 54

Probable cause - Example n Undercover police officers witness Craig purchasing cocaine from a known dealer. Under these circumstances, they may arrest him with or without a warrant. 55