Criminal Facts
The 3 elements needed to prove most criminal acts and which of the 3 does not always need to be proven?
Duty, Breach and Intent. Sometimes intent does not need to be shown (Manslaughter)
If this type of crime is committed, a defendant took property off another person illegally
Robbery (Burglary is breaking into a home to commit to steal, larceny is theft and shoplifting is specific theft where someone is seen walking out of a store with goods they did not pay for)
This is not a crime and usually involves a ticket or some type of fine
Infraction
Drew goes to a Yankees game in the Bronx and is jumped by 3 other fans who hear him say "I am sick and tired of the Yankees losing to Detroit every time they play!". Drew fights back and breaks one of the fans jaws, then gets arrested for assault. What type of defense can Drew claim and is this procedural or substantive?
Self-Defense and Substantive
Criminal acts are categorized as this if they include a jail sentence of less than 1 year or under a $1000 fine
Misdemeanors
All crimes are considered to be against this
Society
This crime against a person includes making a threat and is usually also physical
Assault
Criminal acts like Larceny and Embezzlement are sub classified as crimes against this
Property
Cameron is shopping in Walmart with her buddy Cold Joe. After checking out all the winter gloves, winter hats and winter boots, she finds a new pair of gloves and goes to the front to pay for them. After paying, she walks to the exit of the store and is stopped by a security guard, who checks her purse and finds another pair of gloves, Cold Joe, put into her purse when she was not looking. What 3 elements of a crime must be proven to convict Cameron and which 2 of the 3 will the Prosecution likely not be able to prove?
Duty, Breach and Intent. They will not be able to prove Breach because she did not take the gloves, Joe did. They also will not be able to prove intent because she never intended to steal them.
In a criminal trial, who has the right to appeal the outcome? The Prosecution, the Defense or both?
Defense only
Guilty or Not Guilty
This means taking something you were entrusted with and is also a version of larceny
Embezzlement
Criminal acts like Rioting and Disorderly Conduct are sub classified as crimes against this
Public peace and order
Griffin broke into Axis Chemicals to find a safe, based on Boss Grissom's orders. The safe was missing but Griffin found some other valuables, like strips of copper and chemicals so he took them and left. His home was raided by the police, who found the missing items. If Griffin was charged with Burglary, but the police could not prove he broke into the building to steal the items, what type of defense would his attorney use? Also, what could Griffin actually be charged with if the items found matched what was reported as stolen?
Substantive (Not able to prove he broke in with intent to steal) and Larceny, because that is theft.
Which element of a criminal act is based on the Criminal statute?
Duty
Substantive
This is when a party intentionally misleads someone else with the intention of taking advantage of them monetarily.
Fraud
Criminal acts like Perjury and Tax Evasion are sub classified as crimes against this
Government
Bangalee was driving home from work one day when he finds a great oldies station on the radio playing Brittany Spears, his favorite singer. As he is singing along to the music, he see's police lights in his rear view mirror and hears the siren so he pulls over. Bangalee is told by Officer Morgan "Are you aware you were doing 57 in a 40 mph zone?" and Bangalee says "No officer, I was just jamming to Brittany!". Bangalee is given a ticket and the officer walks away. Does this ticket represent a criminal act? What category of act does this fall under?
What can a witness to a crime be charged with criminally if they refuse to testify in court or answer questions by a Prosecutor?
Accomplice
Agreeing to plead guilty to a lessor charge in exchange for a more serious charge being dropped
Plea Bargain
This is when a business owner is held responsible for an employees criminal acts by being sued over what they did
Vicarious Criminal Liability
Criminal acts based on Food and Drug laws are sub classified as crimes against this
Consumers
Madilynn owns a profitable investment firm in Hamburg. She hires a new employee named Andrew, who comes with a great reference from his teacher Mr. Gordon. One day, Madilynn gets a visit from the local police asking where Andrew is and he is arrested for larceny. Andrew has been stealing from customers investment accounts. If Madilynn is also part of a legal action, what is it called? Would her issue be criminal or civil or both?
Vicarious Criminal Liability and it would only be civil, unless they could show she was a conspirator.
What is defined as lying under Oath?
Perjury