Discuss with your group Do you know anyone

Discuss with your group… � Do you know anyone who has been the victim of a crime? What was the crime? How did it affect the person? The person’s family? � Have you ever witnessed a crime? What happened? What did you do? If it happened again, would you do the same thing? � List and discuss at least four things you can do to protect yourself from becoming a victim of crime. � On the back of your “Evaluating Crimes” sheet.

Crimes & Criminal Law

Crime � Something someone does do OR doesn’t do that violates a law. � Every crime is defined by specific elements. � ALL elements of a crime must be PROVEN BEYOND A REASONABLE DOUBT for the accused criminal to be found guilty.

Elements of Crimes � Mens rea – the prohibited act was done intentionally, willfully, and knowingly � Latin for “guilty mind” � Motive � Ex: – reason for committing the crime Robin Hood may have a well-meaning motive for stealing from the rich: to give to the poor, but his state of mind in committing theft was still intentional and knowing guilty

Elements of Crimes � Strict liability crimes – crimes that do not require mens rea (guilty state of mind) for a person to be found guilty. � Ex: selling alcohol to minors is illegal even if it was an accident. � Reserved for crimes that don’t carry severe penalties

Elements of Crimes � Actus reus – the wrongful act or lack of action that comprises the physical elements of the crime according to criminal statutes. � Latin for “guilty act” � Prosecutor must prove beyond a reasonable doubt that every element of the crime was committed.

Elements of Crimes - Example Robbery Burglary � Unlawful taking/carrying away of goods or money � From someone’s person � Using force and intimidation � Unlawful � Victim must be present breaking and/or entering a building � With the intent to commit a crime does not have to be present

Crime Classes Misdemeanor Felony � Crime for which the punishment is less than 1 year in jail � Crime � Sometimes � Examples just a $ fine � Examples � Minor vandalism � Shoplifting � Disorderly conduct for which the punishment is more than 1 year in prison Major vandalism � Grand theft � Rape � Murder � � Cannot buy guns or vote (for a period of time), and must share with employers

State vs Federal Crimes State Crimes Federal Crimes � Most � Specific crimes � Evasion � Assault � Disorderly conduct � Robbery � Drunk crimes driving of federal taxes � Espionage � Treason � Crimes that occur on federal property � Drunk driving in a federal park (ex: Blue Ridge Pkwy)

Parties to a Crime � Principal – person who commits the crime � Accomplice – helps the principal commit the crime � Can be charged and convicted with the same crime as the principal � John decides to burglarize Superior Jewelers. Mary decides she wants in on the loot and drives the getaway car. � Principal – John � Accomplice – Mary

Parties to a Crime � Accessory before the fact – someone who orders the crime or helps the principal, but is not present during the crime. � Ex: Someone who hires a “hit” � CAN be charged with same crime as principal � Accessory after the fact – a person who has knowledge of the crime after it occurs and helps the principal/accomplices escape or avoid capture. � Ex: someone helping John Wilkes Booth escape capture by federal agents after killing Lincoln. � CANNOT be charged with same crime as the other parties

Parties to a Crime � John decides to burglarize Superior Jewelers. Mary decides she wants in on the loot and drives the getaway car. John asks Thomas, an employee of Superior Jewelers, for the combination to the safes and vaults. Thomas agrees to help. After the burglary, John and Mary drive to Laura’s house. Laura is surprised to see them, but helps them get a train out of town. � Principal – John � Accomplice – Mary � Accessory before the fact – Thomas � Accessory after the fact – Laura

Types of Crimes

Crimes of Omission �A crime in which a person fails to act when they had a duty to. Crime of Omission Description Examples Hit and run Failure to stay at the scene of the crime Tom hits Rita’s car, leaving Rita badly injured, and Tom drives away Tax evasion Failure to pay taxes The celebrities below failed to pay their state or federal taxes

Preliminary Crimes � Crimes that occur even if the physical action never takes place. Preliminary Crime Definition Example Solicitation Asking another person to commit a crime Lucy wants to kill her husband. Marcus She asks a hitman to do it for her. Even if the hitman declines, Lucy has committed solicitation. Agreeing to sexual acts with a prostitute even if the acts don’t take place Attempt Having the intent to commit a crime and taking some “substantial step” to committing the crime Lucy wants to kill Marcus. She shoots a gun at him but misses. She could be charged with attempted murder. Conspiracy An agreement between two or more people to commit a crime Lucy wants to kill Marcus. She asks a hitman to do it and he agrees. The police pull over the hitman on his way to kill Marcus. They see his gun and with some investigation, the police conclude that the hitman intended to do harm, therefore both Lucy and the hitman are charged with conspiracy to commit murder.

Crimes Against Property Crime Against Property Definition Larceny Unlawful taking and carrying away of property Example Grand larceny: over $1000 (felony) Petty larceny: under $1000 (misdemeanor) Burglary Unauthorized entry into any structure with intent to commit a crime Breaking into AHS on the weekend with the intent of stealing i. Pads (even if you didn’t actually steal them) Robbery Unlawful taking of property by force or intimidation Forcing someone to give up their wallet in a dark alley.

Crimes Against Property Crime Against Property Description Example Unauthorized use of a vehicle (UUV) Taking vehicle without permission with the intent of returning it Joyriding Auto theft Taking vehicle without permission with no intent of returning it Stealing a car to sell for parts Carjacking The use of force or Forcing a person out intimidation to steal a of their car with a car from a driver gun and stealing it. FEDERAL FELONY

Crimes Against Property Crime Against Property Description Example Vandalism Willful destruction of Breaking windows, ripping down fences, or damage to property writing graffiti, stealing car hood ornaments Arson Willful and malicious burning of property Setting fire to a building, trees, a car, etc

Crimes Against Property Crime Against Property Description Extortion Use of threat to obtain A person knows confidential info about the property of you and forces you to pay them money so another (blackmail) they don’t tell people your info Embezzlement Unlawful taking of property by someone to whom it was entrusted A bank teller taking money from the drawer A person falsely makes or alters a writing or document with the intent to defraud Signing another person’s name on their check Forgery Example An stockbroker taking money from his clients’ investments

Crimes Against People Crimes Against Description People Example Homicide Killing of one person by another Lucy kills her husband Marcus. 1 st degree murder Homicide that is premeditated (planned), intentional, and done with malice Lucy plans to kill Marcus by poisoning him with arsenic over time because she hates that he cheated on her with Sarah. 2 nd degree murder Killing that is done with malice and intent, but without premeditation Lucy learns her husband has cheated on her. While at the grocery store, Lucy sees Sarah walking in the parking lot and suddenly decides to hit Sarah with her car and kills her.

Crimes Against People Crimes Against Description People Example Voluntary Manslaughter Lucy catches Marcus and Sarah in bed together. Suddenly, Lucy grabs the gun in the closet and kills Marcus. Felony murder Homicide that occurs after the victim has done something to the killer that would cause a reasonable person to lose self control. “heat of passion” crime Homicide that takes Homicide that occurs during arson, rape, place during the act of robbery, carjacking, etc. committing certain felonies Most states recognize felony murder as 1 st degree murder, even without premeditation, intent, and malice.

Crimes Against People Crimes Against Description People Example Involuntary manslaughter Homicide without intention Lucy is cleaning her gun when it accidentally goes off and kills Marcus. Negligent homicide Death due to criminal negligence (reckless carelessness for others safety) Lucy is texting Marcus while driving and ends up hitting and killing Sarah as she crosses the street. Noncriminal homicide Killing that is justifiable or excusable Self-defense Wartime killing

Crimes Against People Crimes Against Description People Example Assault Any attempt to carry out a physical attack on another person Lucy, holding her gun, threatens to kill Marcus for cheating on her. (assault with a deadly weapon) Battery Unlawful use of physical contact inflicting injury on another person Lucy pistol whips Marcus with her gun causing Marcus injuries.

Crimes Against People Crimes Against Description People Example Stalking A person repeatedly follows or harasses another person and makes threats, causing the person to fear death or injury Lucy follows Sarah around and harasses her with numerous hateful text messages. Sarah begins to fear for her safety. Rape Sexual intercourse without consent Aggravated rape – rapist uses weapon or other force to compel the victim to comply No consent if victim is unconscious or mentally incompetent, or if drugs or alcohol impair victim’s judgment Date Rape (Acquaintance Rape) – rapist is known to victim, does not need to involve the use of drugs Statutory rape – intercourse between an adult and a minor, minors are incapable of giving consent.

Statutory Rape � Statute = Law � Statutory rape = rape as defined by law (regardless of consent) � In NC, the legal age of consent is 16. � It is illegal for a person over 18 to have sex with a person under 16, regardless of consent. � Concerning those who are 16 and 17, it is not considered statutory rape if the partner is within 4 years of the minor’s age.

The Extreme… � “Serial � FBI killer” – “a series of two or more murders, committed as separate events, usually, but not always, by one offender acting alone. ” � Usually committed over a period of time, with cooling down periods in between. � Sexual fantasies often coincide with the killings, but can also be caused by anger, thrill, financial gain, and attention seeking.

Dennis Rader “BTK” Killer – killed 10 people, sent letters to newspaper and police – 10 consecutive life sentences Ted Bundy – kidnapper, rapist, serial killer, necrophile, confessed to 30 homicides (could be more), escaped incarceration and killed 3 more – 3 death sentences, electric chair Jeff Dahmer – murdered 17 men and boys - 15 life terms, beaten to death in prison Aileen Wuornos – killed 7 men while working as a prostitute – sentenced to 4 death sentences – lethal injection

Which Crime? � For the following scenarios, work with your group to choose which crime was committed. � Use your notes! � You will have 1 minute to deliberate after I read the question, then you will write your answer on your whiteboard. � Everyone will hold up their whiteboards at the end of the 1 minute. � We will keep a tally of points and the winning team gets an extra credit point on the test!

Which Crime? � Martin, a bank teller, figures out a foolproof method of stealing money from the bank. It takes him sometime to get up the nerve to steal any money. Finally, he makes up his mind and tells his girlfriend, Yuka, that tomorrow, he will steal the money when no one is there. � Yuka goes to the police and Martin is arrested an hour later. � What crime did Martin commit? � ATTEMPTED BURGLARY

Which Crime? � The US government took into custody people suspected in planning the 9/11 terrorist attacks. � With which crime were they charged? � CONSPIRACY (to commit terrorism)

Which Crime? � Larry approaches who he believes to be a prostitute. Little does he know, the woman is actually an undercover cop. Larry asks her to engage in sexual activities for money. � With which crime will Larry be charged? � SOLICITATION

Which Crime? � Aaron set fire to his previous employer’s building. However, he did not know that several custodians were working late cleaning the building. All 3 custodians died in the fire. � Which crime did Aaron commit by lighting fire to the building? � ARSON � Due to the subsequent deaths of the custodians, with which other crime could Aaron be charged? � FELONY MURDER

Which Crime? � Justin suspects his wife of cheating on him with Steve. One day, Justin sees Steve jogging on the sidewalk. Justin’s emotions overtake him as he reaches in his glove box, pulls out a gun, and shoots Steve subsequently dies. � With which crime could Justin be charged? � SECOND DEGREE MURDER

Which Crime? � Brittney had one too many drinks with her friends, but believes she is able to drive home. While driving home, Brittney briefly falls asleep and crosses the center line. She hits an oncoming car, forcing it into a nearby ditch. The driver is instantly killed. � With which crime would Brittney be charged, concerning the deceased driver? � NEGLIGENT HOMICIDE

Which Crime? � Travis took his car to get fixed by Mitchell, a mechanic. Mitchell charges Travis $300 for fixing the car, however a week later, the car begins to show signs of the “fixed” problem. When Travis takes the car back to Mitchell’s shop, the two get in a verbally aggressive argument, as each hurls threats of physical injury at the other. Suddenly, Travis punches Mitchell, breaking his nose. Mitchell turns away and calls the cops. � With which crime could MITCHELL be charged? � ASSAULT � With which crime(s) could TRAVIS be charged? � ASSAULT and BATTERY

Which Crime? � Lisa, a college student, went on a date with Frank. A few days later, Lisa turned down Frank’s request for a second date. Soon, Lisa starts receiving unwanted flowers at her dorm and notes under her dorm room door saying, “I love you, I will do anything to get you back. ” She even sees Frank sitting in the back of her classes. Lisa decides to contact the Campus Police because she fears for her safety. � With which crime could Frank be charged? � STALKING (sometimes called criminal harassment)

Which Crime? � Lawrence breaks into Best Buy in the middle of the night and steals 5 i. Pads. Surprised and pleased that he was not caught, Lawrence breaks into Walmart to steal a flat screen TV, however he is confronted with a group of workers staying late for a meeting. He pulls out his gun and threatens to shoot anyone who prevents his escape. Lawrence is later caught by police. � With which crime would Lawrence be charged if he only broke into Best Buy? � BURGLARY � With which crime would Lawrence be charged for the break in at Walmart? � ROBBERY

Which Crime? � Laura knows Sam is stealing money from his client’s savings accounts at the bank at which they both work. Laura tells Sam that she will keep his activities secret if he gives her prescription pills from his wife’s pharmacy (in the same shopping center). � With which crime could SAM be charged? � EMBEZZLEMENT � With which crime could LAURA be charged? � EXTORTION

Which Crime? � Minka is studying for her final exams in the library on her college’s campus. She has been drinking a lot of coffee and decides to run to the restroom really quick. Upon her return, she discovers that her laptop is missing. She immediately reports it as stolen to the Library Staff, who contact the Campus Police. Jack is caught trying to exit the building with the stolen laptop 30 minutes later. � With which crime could Jack be charged? � LARCENY

Crime and Drug Abuse

Alcohol � Depressant drug Sedative qualities � Slows the central nervous system � Impairs motor control � Inhibits good judgments � � Most drug commonly abused � BAC (blood alcohol content) 21+ 0. 08% = criminally under the influence while driving � >21 anything above 0. 00% is criminal �

Other Drugs � Controlled Substances Act – federal drug law � 5 groups depending on medical use, potential of abuse, and consequences of abuse. Marijuana, heroin, ecstasy Morphine, oxycodone, opium Anabolic steriods Antidepressants, Xanax Cough medicines, OTC drugs

Methamphetamine �A synthetic (man-made) stimulant that speeds the central nervous system � Ice, speed, chalk, crystal, glass, crank, fire, tweak, trash, etc � Made from pseudoephedrine (a decongestant), and toxic ingredients like lye and drain cleaner � Smoked, snorted, injected, or swallowed

Methamphetamine � Initial � “high” Surge of dopamine (pleasure) in the brain (10 x the normal amount), increased blood pressure and heart rate � Short-term � effects Euphoria, mood swings, decreased appetite, paranoia, aggression, loss of motor control, jerky movements, irritability � Long-term effects Brain damage by tissue destruction � Tooth and gum decay by tooth grinding and lack of saliva production � Skin sores by Itchy skin and acne �

Marijuana � Dried parts of the hemp plant, which contain the active ingredient THC Depressant – slows the central nervous system � Hallucinogen – alters perceptions � Smoked or eaten � � Calms body by decreasing neural activity, inducing a pleasure sensation � Impairs cognitive and motor abilities

The Push for Marijuana Legalization YES!!! Government makes money by taxing the product and saves money by not incarcerating users � Less harmful than alcohol or tobacco � Scientifically studied medical benefits � Illegal drug dealers would lose a lot of their business � � FDA could regulate safety and distribution of the drug NO!!! Gateway Drug � More Stoned Drivers = Unsafe � Increased chance of drug getting in the hands of minors � Physical damage done to user (lung cancer and killed brain cells) � Second hand smoke �

Drug Related Crimes � 50 -75% of arrested individuals are under the influence of one or more drugs at the time of arrest. Drug Crime Description Example Drug Possession Willful possession of an illegally controlled substance Carrying an amount of marijuana in your pocket Drug Paraphernalia Willful possession of an item with the primary function of drug use Having a syringe (with drug residue), bong, pipe, etc Drug Trafficking (Distribution) Willful selling, delivering, or providing illegally controlled substances Selling meth to users Drug Manufacturing Willful cultivation or manufacture of an illegally controlled substance Growing a cannabis plant Operating a meth lab

Crime Trends

Why do people commit crimes? � Poverty � Lack of education, resources, unemployment, etc � Inadequate police force � Influence of media (TCV films, etc) � Lack of parental guidance � Breakdown in morals � Ineffective correctional system � Alcohol/drug abuse � Many more…

FBI Statistics � Crime (violent and property) has been declining!

Why are crime rates falling? �Increased personal security �Less cash �More knowledge about preventing property crime �Electronic crime and fraud has distracted from violent and property crime �Increases in technology – harder to break/enter, hotwire cars, etc