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
Jackson goes to a Yankees game in the Bronx and is jumped by 3 Yankee fans who hear him say "I am sick and tired of the Yankees losing to Detroit every time they play!". Jackson fights back and breaks one of the fans jaws, then gets arrested for assault. What type of defense can Jackson 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
A criminal defendant at trial decides to raise a self defense argument, after being charged with attempted murder. What type of defense would they be using?
Substantive, as they are saying they did not commit the crime
Mason walks up to a person dressed like a Batman character and BELTS the person, right in the mouth. He says "I am sick and tired of people not respecting Spiderman" which is wrong, as the person dressed like Batman is part of a Frontier High School criminal presentation on Due Process Rights. If Mason is arrested, what would it be for?
Assault
Criminal acts like Larceny and Embezzlement are sub classified as crimes against this
Property
Zoey is shopping in Walmart with her buddy Trev. 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, Trev, put into her purse when she was not looking. What 3 elements of a crime must be proven to convict Zoey 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, Trev did. They also will not be able to prove intent because she never intended to steal them.
What is defined as lying under Oath? If you are charged with this criminally, what is this subclassified against?
Perjury and its against the Government
When a criminal defendant is charged and read their rights at an arraignment, they have a choice to plead one of these 2 things
Guilty or Not Guilty
Zoey works at the school bookstore and one day forgets to bring her money in for lunch. Zoey says to her friend "I am going to take $5 from the cash register today, but I WILL have it back in their by the end of the week." Zoey does not realize a camera see's this and she is arrested. What will she be charged with?
Embezzlement
Criminal acts like Rioting and Disorderly Conduct are sub classified as crimes against this
Public peace and order
Thomas broke into Axis Chemicals to find a safe, based on Boss Grissom's orders. The safe was missing but Thomas found some other valuables, like strips of copper, brownies and chemicals so he took them and left. Thomas's home was raided by the police, who found the missing items. If Thomas 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 Thomas 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
Alexis, a famous local author, goes to a book signing to sign books. She see a LOOOONG line, so she asks her assistant Dave to help her sign books ahead of time to get the line moving. Local fan club leader Disco Jaxson missed the event but offers to buy one of the books online from Dave and offers him $500 for the book, as he expects the value to keep going up. Dave sells it and is arrested for selling a book HE signed claiming it was Alexis's signature for the $500. What would he be charged with?
Fraud
Criminal acts like Perjury and Tax Evasion are sub classified as crimes against this
Government
Cameron was driving home from work one day when he finds a great oldies station on the radio playing Elvis Presley, 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. Cameron is told by Officer Matt "Are you aware you were doing 57 in a 40 mph zone?" and Cameron says "No officer, I was just jamming to the King!!". Cameron is given a ticket and the officer walks away. Does this ticket represent a criminal act? What category of act does this fall under?
No, its an infraction which is not criminal.
Alexis works with 2 other people to steal a ticket to Germany. Alexis is arrested and the other 2 get away. Alexis learns the 2 others set her up so she asks to talk to the Prosecutor about the other 2. The Prosecutor offers Alexis a deal, where if she agrees to testify against the other 2, they will drop the charge to petty larceny, which only carries a 3-5 month sentence, rather than grand larceny, in which Alexis may have gone to prison for 5 years. What was Alexis offered?
Plea Bargain
Agreeing to plead guilty to a lessor charge in exchange for a more serious charge being dropped
Plea Bargain
Sophia decides she wants to get a really, really nice necklace at Gordons Jewelers. Rose gets into the store and asks the owner, Mr. Gordon, to check in the back vault for the nicest necklace they have. After Mr. Gordon walks to the vault, Rose walks out with a $21,000 neckless and tells her friend Spiderboy what she did. Police find out Rose's friend Spiderboy, drove her home and they ask Spiderboy where Rose is. Spiderboy says "I don't know" but actually Rose is hiding in a tree fort in Mari's back yard. If Spiderboy is arrested for helping Rose, what would it be for? Is this a type of conspiracy?
Accessory or accomplice and no. In order to be charged with conspiracy, you need to assist in planning or committing the crime
Criminal acts based on Food and Drug laws are sub classified as crimes against this
Consumers
Kazi owns a profitable investment firm in Hamburg. He hires a new employee named Ayden, who comes with a great reference from his teacher Mr. Gordon. One day, Kazi gets a visit from a local police officer named Joseph asking where Ayden is and Ayden is eventually arrested for larceny. Ayden has been stealing from customers investment accounts. If Olivia is held responsible for what Ayden did, what is this called? Would Olivia's legal issue be criminal or civil or both?
Vicarious Criminal Liability and it would only be civil, unless they could show she was a conspirator.
Zoey is arrested for selling a blind kid a dead parrot for $2500 and driving across the country with stolen money in a van that looks like a dog. She is caught, arrested and convicted of what she is charged with. What would she be convicted of? Also, who would have a right to appeal the outcome of the trial, Zoey, the Government or both?
Fraud and/or larceny. Only Zoey can appeal