Chapter 2: Criminal Law

Crime An offense committed against the public good, or

society.

Person convicted can be fined, imprisoned, or sentenced to death.

The constitution limits how the government can deal with people who have been accused of a crime to protect the innocent from unjust accusations or imprisonment.

Crime Process

Criminal Law Defendant

Person accused of a crime

Prosecutor The party that accuses a person of a

crime. Can be a state or federal government who

represent the public.

Prosecutor Government official who brings the case

against the defendant.

In some states, it is called a district attorney.

The Prosecutor represents the people, or the public, in a criminal case.

Classification of Crimes Felony

Murder, rape, robbery

Misdemeanor Petty theft

Infractions Traffic offense

Felony A major crime

Accused can be punished by a fine, or by imprisonment in a penitentiary, or both.

Example: Murder, robbery, rape

Most serious crime: Murder

Felony Felonies may also be called high

misdemeanors. People convicted of a felony may also be liable

for a civil penalty awarded to the victim or victim’s family.

Example: A rape victim may be able to sue the defendant to recover the costs of medical bills and counseling.

Punishment: Anywhere from 1 year to 30 years in jail. Fines can be up to $25,000. Depends on the severity of the crime

5 classes of Felonies in ILClass XClass 1Class 2Class 3Class 4

Class X FelonyBetween 6 and 30 years in State Penitentiary; and/or

Fine of up to $25,000Examples: Aggravated

Criminal Sexual Assault

Class 1 FelonyBetween 4 and 15 years in

State Penitentiary; and/orFine of up to $25,000

Examples: Criminal Sexual Assault, Possession of Heroin, Cocaine, LSD

Class 2 FelonyBetween 3 and 7 years in State Penitentiary; and/or

Fine of up to $25,000Examples: Arson

Class 3 FelonyBetween 2 and 5 years in State Penitentiary; and/or

Fine of up to $25,000Examples: Aggravated Battery

Class 4 FelonyBetween 1 and 3 years in State Penitentiary; and/or

Fine of up to $25,000Examples:

Aggravated Assault, Stalking

Misdemeanor Less serious crime Person can be punished by a fine, jail time, or

both. Maximum sentence is usually less than a

year If defendant gets jail time, time is usually

served in a smaller, county jail, rather than a state penitentiary.

Example: Driving without a license, assault, possession of marijuana, harassment, possession of fire arms, wreck less driving

MisdemeanorsClass AClass BClass C

Class A MisdemeanorUp to 1 year in Jail; and/orFine of up to $2,500Examples: Battery, DUI,

Possession of Marijuana (10-30 grams), Possession of Firearms, Reckless Driving

Class B MisdemeanorUp to 6 months in Jail; and/orFine of up to $1,500Examples:

Possession of Marijuana (2.5-10 grams), Harassment

Class C MisdemeanorUp to 30 days in Jail; and/or

Fine of up to $1,500.Examples: Assault, Possession of Marijuana (under 2.5 grams)

Infraction A minor offense that is usually

punishable with a fine and not with jail time.

Also known as minor misdemeanors or petty crimes

Examples: speeding tickets, traffic violations, etc.

Violating Law… by age Age 0- 10-------- No charges.

Too young to understand what they are doing is wrong

Age 10-14---- Possible Charges--- Juvenile Court Too young to understand they have done something wrong If it can be proven that they know what they did was wrong, then

they can be charged

Age 15-17– Charged The legal system tries to deal with children in a way that avoids

them being locked up and helps them learn from their mistakes. What happens will depend on the age of the child (in other words,

how close to turning 18 the child is), what the child did, and whether the child has a history of getting into trouble.

Serve time until they are 21 and then get released For more severe crimes, after 21 can be transferred to adult status

Violating Law Age 18 and Over------- Adult Status

Once a person turns 18, he or she is an adult in the eyes of the law. Even if the person is still at school, he or she is legally an adult and adult penalties apply for breaking the law.

Able to buy Cigarettes Able to Vote

Age 21- Legal Age

Age 25- Discount on Insurance

Children more deadly than Mass Shooters in America Children Shooters

Accidental Shooting by Child

Accidental Shooting of Child 2

12 year old stabbing charged as adult

Arrest of Children If you’re a child (under the age of 18), you will

almost always be issued with a court attendance notice instead of being arrested and taken to a police station to be charged.

However, you will be arrested if you are to be charged with any of the following: murder an offence that can be punished with

imprisonment for 25 years or life serious drug offences some serious sexual assault offences assault with intention to have sexual

intercourse serious firearms offences

Resisting Arrest If police arrest you, you’ll be told why

you’re being arrested. If you try to resist arrest, police can use whatever force is reasonably necessary to arrest you or to prevent you from escaping after you’ve been arrested.

Resisting or hindering any police officer who is making an arrest or doing his or her duty is against the law. The maximum penalty for this offence is 12 months imprisonment, and /or a $1,100 fine.

What Happens After An Arrest Has Occurred?

After you've been arrested, you'll be taken to a police station. You'll be allowed to speak to a friend, relative, guardian or other independent person as well as to a lawyer, and ask them to come and be with you.

You may be questioned and searched. Police can keep you at the station for up to 4 hours for investigation and questioning. This time can be extended to 12 hours with permission from a court.

Unless the police decide to end your arrest, you and anything found on you, will be taken before a magistrate or judge as soon as possible after you’ve been arrested. The magistrate or judge will decide whether you should continue to be detained until your case is heard and decided by the court, or whether you should be released on bail to return to court when your case is to be heard and decided.

Police will end your arrest if… You’re no longer a suspect, or the reason for your

arrest no longer exists. In this case you can be released without being charged

Police decide it’s more appropriate to deal with the matter in some other way, for example, by issuing a warning or caution, or referring you to a youth justice conference

Police decide to charge you on summons (that is, by giving you a court attendance notice). This means you'll be free to leave police custody without any conditions. You'll have to attend court on the day your charges are heard.

Criminal Law in the U.S. Legal SystemAmerican legal system is made up

of 2 court systems: Federal

Deals with laws on a national level

StateEach state is different

Federal Criminal Law Police Force- Federal Bureau of

Investigation (FBI). Investigate matters that cross state lines Terrorist Attacks Cyber Based Attacks (high technology

crimes) Violations of federal laws by public officials Protect Civil Rights Fraud Significant Violent Crimes

State Criminal Law“State Police Power”

Each state government has the power to make criminal laws

Many states have similar laws but the name of the law may be different Example: One state may call it “theft”

another may call it “Stealing”

Elements of a Crime1. Criminal Act2. Required State of Mind

Criminal Acts List some rules of OHS…

Must go to class Must not bring guns to school Must abide by the dress code

Criminal law describes conduct that is forbidden, and conduct that is expected.

Elements Of A Crime Criminal Act

Must describe the specific conduct the law forbids Theft stealing another person’s property Robbery Stealing another person’s property

through violence or threat of violence Sometimes NOT doing something is a crime

Not paying taxes Must be voluntary; can’t be a person’s

condition Being an alcoholic isn’t a crime, driving a car while

intoxicated is.

Elements Of A Crime Required State of Mind

Intent- state of one’s mind at the time one carries out an action

Murder Required State of Mind Intent Intending to take a person’s life

Involuntary Manslaughter Required State of Mind Negligence Defendant was negligent or careless, because of this,

another person died.

Motive Probable reason a person committed

a crime Motive plays no part in proving that a

person committed a crime. All that is needed is a defendant’s

Required State Of Mind A motive only helps explain why a

defendant did what they did.

Scenario… The police stopped a car that was

weaving in traffic. The driver was intoxicated. It was later determined that the driver was in a program for Alcoholics.

Can this woman be prosecuted for a crime? Why or why not?

Defense To Crimes Defendants have several possible defenses

they may use to try to explain their actions.

Main defenses for defendants in criminal cases include: Insanity Entrapment Self-Defense Defense of A Family Member

Insanity Person did not know the difference

between right and wrong when he or she committed the crime.

Tests exist to determine insanity Defendant must have a mental

disease so serious that he or she does not know the difference between right and wrong when committing the crime.

Insanity Oldest legal test of insanity is called the

M’Naghten Rule This rule goes back to an 1843 English case A man named Daniel M’Naghten was acquitted

of killing the Prime Minister’s secretary because he was insane and did not know what he was doing.

Under this rule, a defendant must have a mental disease so serious that he or she does not know the different between right and wrong.

Insanity Irresistible Impulse Test

Defendant must have a mental disease that makes telling the difference between right and wrong impossible or makes the defendant unable to stop him-or herself from committing the crime.

People found not guilty by reasons of insanity DO NOT go free. They must go to a mental institution to receive psychiatric treatment.

Only when they are found to be “sane” are they released.

American Law Institute Insanity Testing More modern test Defendant must have a mental disease

so serious that he or she lacks substantial capacity either to appreciate the criminality of his or her conduct or to conform his or her conduct to the requirements of law.

Entrapment A person is tricked into committing a

crime by a police officer.

Defense states: If they weren't tricked, they would have

never committed the crime.

Self Defense Defense:

When a person believes they were in imminent danger and had no choice but to use force to protect themselves.

In some states, the person must try to run away at first.

Running away is not necessary if in their own home. Cannot be used if the defendant started the

confrontation or continued to use force after danger was gone.

Defense of Family Member Defense:

A person can use force to protect family members who are in danger of being hurt or killed.

The rescuer must have good reason to believe the victim was in danger of severe bodily injury or death.

This defense cannot be used if the crime occurs after the threat or harm has passed. Example: a parent cant go after someone who hurt their

child if they have left the area or is no longer capable of hurting the child.

Defense To Crimes Scenarios Read each case scenario. Determine

whether you think the defendant pleaded: Insanity Self-Defense Entrapment

Include a reasoning for why that defense was chosen.

Defense to Crimes OUTCOMES!

Lorena Bobbitt Outcome The jury deliberated and Lorena was

acquitted of her charges. She was however ordered to go under psychiatric evaluation for 45 days and was released thereafter. In the aftermath of the much publicized trial, she appeared on the Oprah Winfrey Show to talk about her experience and has since been an advocate for domestic violence.

Jeffrey Dahmer Outcome In the trial, Dahmer pled not guilty by

reason of insanity. The plea was subsequently rejected and Dahmer was convicted of all 15 murder charges and sentenced to 15 consecutive life sentences. The case was seen by many as the death of the insanity plea. They contended that if a deranged criminal like Dahmer is rejected on the insanity plea, then no other criminal would qualify for the defense.

John Wayne Gacy Outcome He pled not guilty by reason of insanity. His

defense team actually attempted to argue that all of the 33 murders were due to accidental erotic asphyxiation, a claim which was quickly refuted by the county coroner. Gacy was found guilty of each murder and was sentenced to death by lethal injection. Even after his sentencing, he continued to draw controversy.

During his 14 years spent on death row, Gacy painted various drawings which were sold for amounts up to $9,500. This drew the ire of the community towards Gacy for making money from the sales and the art exhibitions held in his name, leading to communal bonfires in which the paintings were bought for the sole purpose of being burned.

John Wayne Gacy Outcome Not only that, Gacy also inspired films and

books which chronicled his killings and life. One of the more notable books was written by Jason Moss, who was so fascinated by serial killers that he established communication with Gacy on death row, pretended to be a gay hustler, visited him face to face, and claimed he was almost Gacy’s final victim. He was dubbed as a serial killer groupie due to his intense fascination and in 2006, Moss committed suicide from a gunshot to the head.

Ed Gein Outcome

Gein pled not guilty under reason of insanity and was deemed legally insane. After an 11 year stint in the hospital for the criminally insane, he was tried in 1968 and was found guilty of first degree murder. Gein served a life sentence in a mental hospital until his death. Gein gained further notoriety because the county sheriff Art Schley was so horrified by the severity of his crime that he assaulted Gein during questioning.

Ed Gein Outcome He subsequently suffered a heart attack

and died a month after testifying at the trial. In modern day pop culture, Gein served as character inspirations to a myriad of famous horror movie franchises. Gein tops the list for being most notorious due to the film industry’s obsession with Gein, immortalizing him in seemingly literal depictions of his character such as Leatherface in Texas Chainsaw Massacare and Buffalo Bill in the Silence of the Lambs who were fond of grotesque dismemberment and skinning of their victims.

Jonathan Schmitz Outcome This is a special entry because of the defense used,

known as the gay panic defense. It is defined as a state of temporary insanity caused by undesirable homosexual advances. It is controversial because it is a little known psychosis and its validity is widely debated within jurisdictions. The media then lampooned the case as the Jenny Jones trial. Despite the defense, Schmitz was found to be guilty of second degree murder and sentenced to 25 to 50 years of jail. The Jenny Jones Show was also later sued for negligence, for creating a hostile scenario without considering the potential consequences. They were found guilty but the judgment was overturned on appeal.

John Hinckley’s Outcome

Hinckley’s defense team pled for insanity defense and succeeded, he was acquitted of all of his 13 charges of assault, murder and weapon counts. Due to the high profile of the case, the public perceived the insanity defense as a loophole in the legal system which allowed a clearly guilty criminal to dodge incarceration. The controversy laid in the fact that prior to the assassination attempt, the insanity defense was only used in 2% of the felony cases and in those cases failed over 75% of the time. Nonetheless, most states were pressured to reenact reforms of legislation regarding the use of the insanity defense.

Robin Garrison Outcome The case is just one of the more extreme examples

of police stings aimed at luring people into committing crimes, a tactic that has resulted in hundreds of arrests, many convictions and plenty of controversy. Law enforcement officials say that such sting operations are an extremely effective means of lowering crime rates and stopping the criminally minded before they commit worse offenses. [...] But such operations veer dangerously close to entrapment, say lawyers, civil libertarians and defendants who’ve been caught in sting operations.

Joseph Sherman OutcomeConsidering the government

agent's relentless efforts not only to obtain drugs but to convince Sherman to abandon his treatment and return to a life of addiction, the court said, "We conclude from the evidence that entrapment was established as a matter of law."

Lopez OutcomeArguing entrapment, Lopez

appealed his subsequent conviction to the Supreme Court, which had no difficulty in deciding that the agent had merely afforded an opportunity for a continuing course of criminal conduct by a willing criminal, without overbearing inducements. The court ruled, "It is evident that entrapment has not been shown as a matter of law."

In The News! Bathroom Fine

Man Arrested twice in 12 Hours

AgendaTest 2.1!

2.1 Review & Study Guides DUE!

Article Response

On a scratch piece of paper, write down 1-2 questions for Office Nehring regarding Crime

2.2 Types of Crimes

Types of Crimes

Crimes Against PeopleCrimes Against PropertyCrimes Involving Businesses

Crimes Against Government

Crimes Against SocietyMotor Vehicle Violations

Crimes Against PeopleMurderManslaughterAssault and BatteryKidnappingSex OffensesDomestic Violence

MurderDefined: Intentional killing of

another person1st degree- one of the following

conditions: Killing after making a detailed plan Killing in an especially vicious way such as

torture, killing while committing another serious crime

Only 1st degree is punishable by death

2nd Degree Murder

Killing with malice (desire to cause harm) Intentionally killing someone without planning

to do so in advance. Example: If a person becomes angry, walks

over to a desk where he keeps a gun that is kept just for his protection, takes out the gun and shoots another person, they may be charged with 2nd degree murder.

There was no plan or advance decision to kill. It would still be second degree murder because the act of taking out the gun and shooting was intentional.

2nd Degree Murder Example

Zimmerman, 28, shot and killed 17-year-old Trayvon Martin Feb. 26 in a gated community in Sanford, Fla., where Martin was visiting his father and his father's girlfriend.

Zimmerman served as captain of the neighborhood watch and told police that he shot Martin in self-defense after the teen attacked him. Martin was unarmed at the time of his death, according to police.

ManslaughterDefined: Killing another person

without intentVoluntary: when someone kills a

person while in a state of great distress and without a prior plan to kill

Involuntary: when someone kills another person accidentally while committing an unlawful or reckless act

Involuntary Manslaughter- Because I said I would

HomicideThe killing of a human being by

another human being

4 types:MurderManslaughterJustifiableExcusable

Justifiable vs. Excusable

Justifiable & Excusable Homicide = Not Crimes Justified

Self-defense Done to prevent a very serious crime such as rape, armed robbery, manslaughter or murder

in the line-of-duty (soldier) or police officer Excusable not chargeable, not punishable

Committed by accident in the course of doing any lawful act by lawful means

Committed without intent Committed in the heat of passion Committed without any dangerous weapon used and not done

in a cruel manner.

McDonalds Parking Lot Homicide

Excusable Homicide

Assault and BatteryAssault

Attempt to commit battery, must have ability to act

Pointing and shooting a gunBattery

Unlawful touching of another person Forceful use of hand, weapon or other

object The bullet striking the person

Simple assault and battery are usually misdemeanors

Assault and Battery

Aggravated = the crime must be committed with deadly weapon or with the intent. Intent to murder, intent to commit rape, or

intent to commit robbery

Aggravated Assault and/or Battery = FELONY

http://www.alaskadispatch.com/article/20130812/fatal-dui-accidents-what-determines-murder-or-manslaughter-charges

Kidnapping

Unlawful removal or restraint of a person against his or her willUsually the person is threatened or

forced to be captive.Usually done for a motive or a reason.

Under most state laws the distance involved in the unlawful movement of the victim does not matter

Abduction- to seize and take away by force. (usually divorce cases). Usually the abductor has some type of relation to the victim.

Sex OffensesRapeDate/Acquaintance RapeStatutory Rape

Statutory: a formal written enactment of a legislative authority that governs a country

Typically, statutes command or prohibit something

Applies to situation in which the victim is under age

Sex OffensesAge of consent

The age at which a person is deemed by Illinois law to be capable of consenting to, and engaging in, sexual acts.

Age of Consent IL = 17

RapeMost people envision rape as a crime involving literal force, this is only a small percentage of rape that occurs.

Rape is also defined as lack of legal consent.

Consent to sex Incapacitated people are unable to

consent to sex, whether because they’ve drunk alcohol (even, in many states, if they’ve done so knowingly and voluntarily), taken prescription or illegal drugs, or are developmentally disabled.

It doesn’t matter whether they chose to drink or whether someone spiked their drink, it’s whether they’re capable of consenting. If you are intoxicated you are NOT capable of consenting to sex.

RapeDefense in a rape case is often:

“The woman consented even though she was intoxicated and simply regretted the sexual encounter later.”

‘It’s not rape; it’s regret,’ or, ‘It’s buyer’s remorse.’”

What a jury will look at is was the victim able to consent. If they were intoxicated they cannot consent!

Illinois Rape Law

Aggravated sexual assault for sexual penetration by an offender under age 17 with a victim under age 9.

Predatory criminal sexual assault of a child for sexual penetration by an offender age 17 or older and a victim under 13.

Six to 30 years in prison

Six to 30 years in prison

Sex Offenses Criminal Sexual Abuse

Victim = 13-17 yrs old Offender is less than 5 years older Ex. Victim is 16, Offender is 18 years old

(or younger) Up to 1 year in prison

Aggravated Criminal Sexual Abuse Victim= 13-17 yrs old Offender is more than 5 years older Ex. Victim is 16, Offender is 21or older 3-5 years in prison

Sex OffensesAnyone who engages in sexual activity of any type with a partner under the applicable Age of Consent is breaking the law and can be charged with crimes ranging from a misdemeanor to a felony (statutory rape).

Sex Offenses

Laws applies to both men and women

A minor can be prosecuted for intercourse with another minor.

Domestic ViolenceDefined: any reckless form of physical or mental harm in a family or household

Laws protect: children, spouses, and other family members

Protect against: neglect, mental abuse, or physical abuse by another family member

Crimes Against PropertyBurglary

Larceny

Robbery

Vandalism

Burglary Official Definition: Breaking and entering into a

house at night to commit a felony

Expanded Definition: daytime breaking and entering, breaking and entering other than homes, breaking and entering to commit a misdemeanor

If any part cannot be proven, then Burglary cannot be officially charged

http://www.myillinoisdefenselawyer.com/

Illinois Burglary Law Under Illinois law, burglary is defined as:

knowingly entering or remaining within a building, trailer, watercraft, aircraft, or motor vehicle, without consent with the intent to commit a felony or a theft.

In general, burglary is classified as a Class 2 Felony, carrying 3 to 7 years in prison upon conviction.

However, if the burglary was committed on a daycare or a place of worship, it can be elevated to a Class 1 Felony, which carries 4 to 15 years in prison.

Burglary Example While walking along a sidewalk after dark, a

man noticed a partly opened window. He raised the window further, climbed inside, and stole some expensive shoes.

He was charged with burglary. Is this correct?

Applying common law– no breaking has occurred and technically he could be found not guilty.

Most state statutes today state that breaking occurs when someone raises a partly opened window.

LarcenyDefinition: the unlawful taking of

someone’s personal property with the intent to keep the property away from that person

Legal term for stealingPetty Larceny – Misdemeanor: States

have rights to set value $300 - $5001 yr in jail and up to $2,500 fine

Grand Larceny – Felony: stealing more than state’s set level for petty larceny1-7 yrs in jail and up to $25,000 fine

RobberyDefinition: The wrongful taking of someone’s property to threatening violence or using violence

Penalty is greater than larceny

Robbery ExampleStephanie is a cashier at a

convenience store. As she is working one night, a man comes in, points a gun at Stephanie, and demands money from the register drawer.

This would be armed robbery because the robber has forcefully taken the money from the cashier against her will.

Vandalism

Definition: willful or malicious damage to property

Malicious mischief or criminal damage

To be guilty, person does not have to be the one who actually does the damage.

Vandalism Case RUTLAND, Vt. (AP) — Police in Rutland, Vt.,

have arrested three teens in connection with vandalism of about 100 cars, residences and businesses.

Police said BB guns were fired at the cars and properties, resulting in broken windows and thousands of dollars in damages.

Two of the three arrested Thursday are 17 and one is 18. Two are from West Rutland and the other is from Castleton. They are scheduled to be in court on Feb. 4 on multiple counts of unlawful mischief.

Crimes involving Business

EmbezzlementShopliftingFraudMoney launderingArsonForgery

Also called “White Collar” Crimes

EmbezzlementWrongful taking of property by someone

lawfully entrusted with possession and control of that property.

Often committed by an agent or employee of a business who has the power to write checks and to withdraw funds from the firm’s bank account

Dane Cook Case The famous embezzlement case involving

comedian Dane Cook came to a conclusion in 2010 when courts found Darryl McCauley, Cook's half brother, guilty of embezzling millions of dollars. The embezzlement took place between 2004 and 2008, during which time McCauley served as Cook's business manager.

Cook and his half brother had worked together since the start of the comedian's career early 1990s. Finding the business manager guilty of 27 counts of larceny, as well as forgery and embezzlement.

Massachusetts's courts sentenced McCauley to five to six years in prison. The incident involving the largest amount of money included a check for $3 million McCauley wrote to himself and forged Cook's signature on.

Girl Scout Embezzlement

In February 2011, courts charged Girl Scout troop leader Christa Utt with embezzling more than $5,000 from the organization. Utt embezzled funds from the sale of cookies, as well as from a donation made at the request of the deceased mother of one of the troop members.

This case proved part of an ongoing chain of Girl Scout embezzlement cases that have attracted national attention in the United States during the early years of the 21st century.

In 2009, California-based Girl Scout bookkeeper Janet Daily embezzled $13,000 from the organization, while Laura Towery Farrell of North Carolina embezzled nearly $8,000 from local Girl Scouts in 2007.

ShopliftingStealing goods from a store.Costs American consumers billions of

dollars each year because prices are raised to make up for the loss.

Can someone be charged with shoplifting if they place merchandise in their pants/shirt and get caught before leaving a store?

Yes!

Fraud When a person or business engages in

some form of deception to obtain money or property.

Mail Fraud Using the US Postal Service to commit fraud

Wire Fraud Using the telephone or other forms of electronic communication, such as the internet to commit fraud.

Real House Wives Wire and Mail Fraud

Mail FraudTo be convicted of mail fraud,

one must do all of the following:Purposefully create a plan to

defraud an individual or institutionDisplay intent to commit fraudMail something—for the purpose of

carrying out a fraudulent scheme—through the USPS or a private carrier

Mail Fraud An Arizona man was convicted of mail

fraud and sentenced to five years of supervised probation, nine months of home detention, and $1 million in victim restitution after executing the age-old envelope-stuffing scam.

The man ran ads in national magazines, promising to send stuffing materials to everyone who mailed money for supply costs ($18 to $36) to his fictitious company. He mailed instructions on how to run an envelope-stuffing business but no actual materials.

Wire FraudThere are 2 major factors that

determine if a crime is wire fraud:One willfully devised or intended to

devise a scheme or means to defraud another person of money or property with the intent to defraud.

They must do it through the use of interstate wire facilities, such as telephone, television, email or the internet.

Wire FraudSerious Federal Crime

You can face up to 20 years in jail and face fines as high as 1 million dollars.

Wire Fraud Case A solider from South Texas pled guilty to the federal

crime of wire fraud conspiracy that apparently arose out of a recruiter bonus program. The soldier had been accused of taking part in a scam over a five year period, starting in 2005 and ending in 2010.

The scheme reportedly constituted "recruiting" individuals who were already in the military. The soldier in this case was one of several soldiers who were charged with the crime. Some of the soldiers apparently paid civilian contract military recruiters and other active-duty soldiers for the names and social security numbers of those who had already enlisted.

Throughout the five year period, the soldier along with the others involved amassed a total of $244,000

Money LaunderingWhen criminals obtain large

amounts of money illegally, they need to hide the money.

They do this by putting the money into legal businesses to launder it.

The federal government has passed laws to prosecute any persons involved in money laundering even if they did not steal the money themselves.

Money Laundering Breaking Bad

ArsonCommon Law: Willful and

malicious burning of someone else’s house.

Today: Arson = burning of any building.

Sometimes business owners finding themselves on the verge of bankruptcy will destroy their own property to collect the insurance on it.

ArsonThe scorching or blackening of

a part of a building is not enough to be considered arson.

Some portion of the building must actually have been on fire so that the wood or other building material is charred.

Punishment for ArsonFelony- Class 2, Class 1, or Class X

Depending on Value7-30 yrs in jail

If building is occupied: Attempted murder

Owner of building can also sue for civil damagesThe value of the house, everything in it,

plus relocations costs, rent on the hotel room until they get a new place, mental anguish, etc.

Forgery Placing a false signature on a check or

other document with to intent to deceive someone in order to deprive that person of his or her property.

Punishment: Felony Subject to fine and imprisonment

Forgery doesn’t require the property actually change hands. Once the false signature is place on the check, the signer has committed forgery.

Must be intent to defraud or deceive Forging Perscriptions

Crimes Against The Government

TreasonPerjuryObstruction of JusticeContempt Of CourtBribery

TreasonArticle III, Section 3 of the US Constitution

Waging war against the United States, or giving aid and comfort to the enemies of the United States.

This is the only crime mentioned in the constitution

Treason Case United States v. Adam Gadahn, 2006. In

October 2006, the Department of Justice announced its first treason indictment in more than 50 years.

The target of the indictment is Adam Gadahn, an American-born spokesman and operative for al-Qaeda.

Adam got a job in a computer store and started studying Islam; he converted to Islam in 1995. Authorities believe he moved to Pakistan in 1998 and married an Afghan refugee. He stopped communicating with his family in 2001, around the time that al-Qaeda's media arm, As-Sahab, released its first video — a production Gadahn is believed to have been heavily involved in, if not responsible for.

Treason Case Cont…Since 2004 he has appeared in several al-

Qaeda videos as "Azzam the American," threatening attacks on other world cities and denouncing the United States, Israel, and Zionism.

Most recently, he appeared in a March 2010 video that called for American Muslims to follow the example of Nidal Malik Hasan, the Fort Hood shooter, in taking up arms "to reap the rewards of jihad and martyrdom." Still at large, he is on the FBI's Most Wanted list.

PerjuryWhen a person lies under oath

during a court process or an administrative procedure.

The lie must involve a fact that is material to the proceeding.

Perjury CaseSt. Johns Shooting Article

Obstruction of JusticeWhen an individual does something

that hinders the ability of the court to move forward in a judicial proceeding.

It might involve suppressing evidence or shielding someone from arrest.

Obstruction Of Justice

Contempt of CourtWhen an individual ignores a

court order or shows lack of proper respect for the integrity of the court.

Casey Anthony Contempt Of Court

Contempt Of Court- Casey Anthony- outburst

BriberyGiving money or property to a public

official in exchange for a favor from that official.

Both person offering bribe and public official accepting the bribe are guilty of bribery.

WalMart Bribery Case

Crimes Against SocietyDisorderly Conduct

Rioting

Disorderly ConductAn activity that threatens to disrupt the social order, to endanger public safety, or to jeopardize the health of the public at large.

Snooki- Jersey Shore Arrest

RiotingAn activity that generally requires a

gathering of at least 3 individuals who:threaten to harm people or to damage property, or who violently commits one or the other of

those offenses.

Lakers Vs. Celtics Riot

Motor Vehicle Violations A license to drive a vehicle is a privilege,

not a right. If drivers abuse the privilege, they will lose it. All drivers who ignore traffic laws are treated

the same. All people- young drivers, or experienced

drivers, may be tried in traffic court and can be fined.

License can also be suspended or taken away permanently.

Many states outlaw drag racing and joy riding.

Drag Racing- racing two vehicles side by side or timing vehicles that separately run a prearranged course.

Everyone who joins in is liable!

Motor Vehicle Violations

Joy RidingJoyriding- taking a vehicle without the

owners permission.Joyriding differs slightly from the crime of

auto theft because the perpetrator of joyriding does not generally intend on taking the vehicle permanently. 

You do not have to be the driver in a joyriding offense to be charged with a crime. 

Alternatively, you do not have to cause damages to person or property in order to be charged with joyriding. 

What’s In The News? Obstruction of Justice- Tampering With E

vidence

Ride Operator- Assault Charges

Conspiracy, Bribery, Mail Fraud

Extortion, bribery, money laundering, insurance fraud

Types of Crimes ScenariosRead through the scenarios and

determine which type of crime has been committed.

Choose from the options on the top of your worksheet.