Chapter 8: Crimes

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• Chapter 8 Crimes

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Definitions

• When a person does not live up to the standards
  set by law, that society will prosecute the
  person for the misconduct, called crime.
• Crimes are classified as felonies and
  misdemeanors.
• A felony is a crime that is punishable by
  imprisonment or death.
• A misdemeanor is punishable by a fine or less
  than a year in prison.

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Elements of Criminal Activity
The defendant does not have to know that the act
is criminal it is sufficient that the act was
done voluntarily.
An act or omission of a required act must
actually take place.
Harm may occur, but is not a required element for
an act to be classified as a crime.
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White Collar Crimes
Crimes that do not use (or threaten to use) force
or violence or that do not cause injury to
person(s) or physical damage to property.
Credit Card Crimes
Counterfeiting
Racketeering
Forgery
Bribery
Use of Mails to Defraud
Perjury
Extortion
Criminal Libel
False Claims
Blackmail
Embezzlement
Obtaining Goods by False Pretenses
Improper Political Influence
Improper use of Interstate Commerce
Bad Checks
Improper Commercial Influence
Securities Crimes
Cheats and Swindles
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Punishment

• There is no uniform law of crimes. Each state and
  the federal government define and punish crimes
  as they choose.
• Although the tendency is to follow a common
  pattern, many variations exist between the law of
  different states and federal law.

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Limits to Criminal Liability

• Minors, the insane, and the intoxicated are held
  criminally responsible to a limited extent.
• This means that in some cases they will not be
  held responsible for a crime that a normal, adult
  person would be.
• Employers and corporations may be criminally
  responsible for their acts and the acts of their
  employees.

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Penalties for Business Crime
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Penalties for Business Crime (contd)
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Computer Crimes

• Statutes have expanded the area of criminal law
  to meet situations in which computers are
  involved.
• The unauthorized taking of information from a
  computer is made a crime under both federal and
  state statutes.
• The Federal Computer Access Device and Computer
  Fraud and Abuse Act of 1984 and the Electronic
  Fund Transfers Act of 1978 also expand the
  definition of a computer crime.

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Constitutional Amendments

• Criminal procedure is dictated by the Fourth,
  Fifth, and Sixth Amendments.
• The Fourth Amendment protects against
  unreasonable searches.
• The Fifth Amendment protects against
  self-incrimination and provides due process.
• The Sixth Amendment guarantees a speedy trial.