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
Gavin 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 Toronto every time they play!". Gavin fights back and breaks one of the fans jaws, then gets arrested for assault. What type of defense can Gavin 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
Hillary walks up to a person dressed like a Star Wars character and BELTS the person, right in the mouth. She says "I am sick and tired of being made fun of" which is wrong, as the person dressed like an Ewok is part of a Frontier High School play. If Hillary is arrested, what would it be for?
Assault
Criminal acts like Larceny and Embezzlement are sub classified as crimes against this
Property
Brooke is shopping in Walmart with her buddy Ky. 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, Ky, put into her purse when she was not looking. What 3 elements of a crime must be proven to convict Brooke 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, Ky 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
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
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
Wren broke into Axis Chemicals to find a safe, based on Boss Grissom's orders. The safe was missing but Wren found some other valuables, like strips of copper, brownies and chemicals so she took them and left. Wrens home, called the NEST was raided by the police, who found the missing items. If Wren was charged with Burglary, but the police could not prove she broke into the building to steal the items, what type of defense would her attorney use? Also, what could Wren 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 financially.
Fraud
Criminal acts like Perjury and Tax Evasion are sub classified as crimes against this
Government
Luke was driving home from work one day when he finds a great oldies station on the radio playing Taylor Swift, 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. Luke is told by Officer Gabe "Are you aware you were doing 57 in a 40 mph zone?" and Luke says "No officer, I was just jamming to Taylor!". Luke 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.
Colin works with 2 other guys to steal a ticket to Germany. Colin is arrested and the other 2 get away. Turns out Colins best friend is big Molle, the local mob leader. The Prosecutor offers Colin a deal, where if he agrees to testify against Bog Molle and his friend, they will drop the charge to petty larceny, which only carries a 3-5 month sentence, rather than grand larceny, in which Colin may have gone to prison for 5 years. What was Colin offered?
Plea Bargain
Agreeing to plead guilty to a lessor charge in exchange for a more serious charge being dropped
Plea Bargain
Tessa decides she wants to get a really, really nice necklace at Gordons Jewelers. Tessa 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, Tessa walks out with a $21,000 neckless. Police find out Tessa's friend Madison, drove her home and they ask Madison where Tessa is. Madison says "I don't know" but actually Tessa is hiding in a tree fort in Wrens back yard. If Madison is arrested for helping Tessa, 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
Olivia owns a profitable investment firm in Hamburg. She hires a new employee named Owen, who comes with a great reference from his teacher Mr. Gordon. One day, Olivia gets a visit from a local police officer named Sophia asking where Owen is and he is arrested for larceny. Owen has been stealing from customers investment accounts. If Olivia is held responsible for what Owen 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.
What is defined as lying under Oath?
Perjury