Chapter 7

Crime
1

Criminal law: right to jury trial

If sentence may exceed 6 months

Crimes: Felony vs. Misdemeanor

In general:

Felony 1 yr + in prison

Misdemeanor less than 1 yr jail

The Prosecutions Case

Statutory violation & proof
Conduct outlawed by statute

Burden of proof beyond a

reasonable doubt

Prosecutions case: guilty act

Actus reus - guilty act. Defendant

must have voluntarily committed
prohibited act

Prosecutions case: Guilty mind

Mens rea guilty mind. Depends on

crime
General intent
Specific intent
Reckless or negligent
conduct
Strict liability

Defense: Insanity
MNaghten Rule:
(1) suffered a serious, identifiable mental
disease and
(2) because of it he did not
understand the nature of his act
or did not know that it was wrong
Irresistible Impulse: mental defect left
defendant unable to control behavior

Bieber v. People
You Be The Judge!
Summary of facts
Whats the issue?
What did the jury find?
Vote
Result
Discussion

Defense: Entrapment
Entrapment - if government induces
defendant to commit crime, govt
must prove D was predisposed to
commit the crime.

Defense: Duress
Duress threat by 3rd person; fear of
imminent serious physical harm.

Crimes and Business

Examples of Crimes that Harm
Business

Larceny
Fraud
Arson
Embezzlement
Computer crime

Examples of Crimes
Committed by Business
Crime committed w/in
scope of employment
w/ intent to benefit
employer
Workplace crime
Money laundering
Environmental crimes
Antitrust violations
Securities fraud

Larceny
trespassory taking (someone
else originally had it; contrast
embezzlement)
of personal property
(not services)
with the intent to steal it

Insurance fraud
Wire fraud
Mail fraud
Bank fraud
Medicare fraud

Fraud

Common element is: the deception of

another person for the purpose of
obtaining $ or property from him/her.
13

Arson and Embezzlement

Arson:
Malicious use of fire or
explosives to damage or destroy any real estate
or personal property.
Embezzlement:
Fraudulent
conversion of (taking)
property
already in the defendants possession
(contrast larceny)

How Can a Corporation Have Criminal

Intent?

One of its agents

Acting within the scope
of his or her employment
Commits a crime
With the intent to benefit the
corporation
15

COMMONWEALTH V. ANGELO TODESCA

CORPORAITON

Summary of facts
Whats the issue?
How did the appellate court
rule and why?

Punishing a Corporation
Fines (most common)
Imprisonment???
Compliance Programs (help avoid
punishment)

OSHA
Occupational Safety and
Health Act of 1970 (OSHA).

Federal statute for workplace safety

Sets safety standards for many industries

RICO

Purpose was to fight organized crime.

Can be used against anyone, and

penalties are steep!

19

Criminal procedure and constitutional

protections

Criminal Procedure terms

Affidavit written statement signed under
oath

Warrant - written permission from neutral

official to conduct a search
Must specify with reasonable certainty
the place to be searched AND
The items to be seized

Criminal procedure terms

Reasonable suspicion it is reasonable to
believe that criminal activity is occurring

Probable cause it is likely that

evidence of crime will be
found

Motion to Suppress
request the court exclude evidence
obtained in violation of Constitution

The Fourth Amendment

Prohibits government from making illegal

searches & seizures
In general, police must obtain a warrant
before conducting a search (there are 6
exceptions)

Protects people and businesses

The Fourth Amendment interpretation

If the police conduct a search without
a warrant when one was needed, all
evidence they obtain comes under the
exclusionary rule.
Exclusionary rule evidence obtained
illegally may not be used at trial
against the victim of the search.
25

26

Warrantless Searches
Plain view (parked car, home)
Stop and frisk; must have reason for suspecting
armed & dangerous
Emergencies (a.k.a. hot pursuit)
Automobiles (if lawfully stopped & evidence of
other crimes are observed)
Lawful arrest (arrested suspect & immediate
surrounding area)
Consent (by someone in lawful occupancy)

The Fifth Amendment

Due process discussed in Ch 5. In criminal

law, prosecution must disclose evidence
favorable to defendant

Double jeopardy defendant may be

prosecuted only once by same sovereign
for a crime.

The Fifth Amendment

Self-Incrimination government cant force
someone to testify against herself

Miranda confession obtained from custodial

interrogation cant be used unless
first warned of right against self
incrimination.

The Sixth Amendment

Right to a lawyer
At all important stages of the criminal process.
If the defendant cant afford one, the
government must appoint a lawyer to defend
free of charge.