LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING

Chapter 5 Slide 1

Our Criminal Laws

5-1 Criminal Law

5-2 Criminal Procedure

CHAPTER 5

Lessons

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING

Chapter 5 Slide 2

Criminal Law

Define the elements present in all crimes

Describe crimes that commonly occur in the

business environment

LESSON 5-1

GOALS

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING

Chapter 5 Slide 3

WHAT ARE CRIMES?

Elements of a crime

Criminal conduct

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING

Chapter 5 Slide 4

ELEMENTS OF A CRIME

Duty

Violation of the duty

Criminal intent

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING

Chapter 5 Slide 5

CRIMINAL CONDUCT

Criminal conduct may be classified as follows:

Crimes against a person

Crimes against property

Crimes against the government and

administration of justice

Crimes against public peace and order

Crimes against realty

Crimes against consumers

Crimes against decency

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING

Chapter 5 Slide 6

EXAMPLES OF CRIMES

AGAINST A PERSON

Assault and battery

Kidnapping

Murder

Rape

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING

Chapter 5 Slide 7

EXAMPLES OF CRIMES

AGAINST PROPERTY

Embezzlement

Theft

Robbery

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING

Chapter 5 Slide 8

EXAMPLES OF CRIMES

AGAINST THE GOVERNMENT

AND ADMINISTRATION OF JUSTICE

Perjury

Tax evasion

Treason

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING

Chapter 5 Slide 9

EXAMPLES OF CRIMES AGAINST

PUBLIC PEACE AND ORDER

Disorderly conduct

Illegal speeding

Rioting

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING

Chapter 5 Slide 10

EXAMPLES OF CRIMES

AGAINST REALTY

Arson

Burglary

Criminal trespass

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING

Chapter 5 Slide 11

EXAMPLES OF CRIMES

AGAINST CONSUMERS

Fraudulent sale of securities

Violation of pure food and drug laws

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING

Chapter 5 Slide 12

EXAMPLES OF CRIMES

AGAINST DECENCY

Bigamy

Obscenity

Prostitution

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING

Chapter 5 Slide 13

CLASSIFICATION

OF CRIMES

Felony

Misdemeanor

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING

Chapter 5 Slide 14

FELONY

A felony is a crime punishable by

confinement for more than a year in a

state prison or by a fine of more than

$1,000, or both—or even death.

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING

Chapter 5 Slide 15

EXAMPLES OF FELONIES

Arson

Burglary

Embezzlement

Forgery

Kidnapping

Murder

Perjury

Rape

Robbery

Theft of large sums

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING

Chapter 5 Slide 16

MISDEMEANOR

A misdemeanor is a less serious crime.

It is usually punishable by confinement

in a county or city jail for less than one

year, by fine, or both.

Examples of misdemeanors include

disorderly conduct and speeding

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING

Chapter 5 Slide 17

INFRACTION

Some states classify lesser

misdemeanors as infractions.

A person convicted of an infraction can

only be fined.

Because there is no risk of being jailed,

the defendant is not entitled to a jury trial.

Examples include littering and parking

violations.

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING

Chapter 5 Slide 18

BUSINESS-RELATED CRIMES

Larceny

Receiving stolen

property

False pretenses

Forgery

Bribery

Computer crime

Extortion

Conspiracy

Arson

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING

Chapter 5 Slide 19

Criminal Procedure

Know the rights a person has when arrested

Recognize a person’s potential criminal liability

for the actions of others

Understand the justifiability of the common

defenses to criminal charges

LESSON 5-2

GOALS

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING

Chapter 5 Slide 20

RIGHTS AND

RESPONSIBILITIES

Rights when arrested

Due process

Representation by a lawyer

Responsibility for the criminal conduct

of others

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING

Chapter 5 Slide 21

DEFENSES TO

CRIMINAL CHARGES

Procedural defenses

Substantive defenses

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING

Chapter 5 Slide 22

PUNISHMENTS

FOR CRIMES

A penalty provided by law and imposed

by a court is called a punishment.

The purpose is not to remedy the wrong

but rather to discipline the wrongdoer.

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING

Chapter 5 Slide 23

PLEA BARGAINING

Plea bargaining is when an accused

person agrees to plead guilty to a less

serious crime in exchange for having a

more serious charge dropped.

When plea bargaining the accused

gives up the right to a public trial to

avoid the risk of greater penalty if

convicted.