CRIMES AGAINST PROPERTY. Civil Rights and Criminal Law 4 th Amendment – protects against unreasonable searches and seizures and requires probable cause 5 th Amendment – due process, double jeopardy, protection against self-incrimination
4th Amendment – protects against unreasonable searches and seizures and requires probable cause
5th Amendment – due process, double jeopardy, protection against self-incrimination
6th Amendment – right to trial by jury, right to speedy trial, right to counsel, right to confront accuser
8th Amendment – freedom from cruel and unusual punishments and freedom from excess bails
14th Amendment – incorporates equal protection and due process to the states
3 categories of punishment
More than one year in state or federal prison
May impact a person’s ability to obtain certain types of employment
Less than one year in jail
May sometimes be served in local or county jail instead of state prison
Crimes against property are crimes that involve a person’s things: money; personal property; land; etc.
Crimes against the person are crimes that violate a person’s body, health or safety.
Larceny is the unlawful taking and carrying away of the property with the intent to permanently deprive the owner of it.
Robbery – forcible taking of property from someone’s person
Burglary – breaking and entering a dwelling with intent to commit a crime therein
Shoplifting – taking items from a store without paying or intending to pay for them
First Degree Robbery
Use of dangerous weapon
Causes physical injury
Class A felony
Second Degree Robbery
Threatens use of dangerous weapon
Threat of injury
Class B felony
Third Degree Robbery
Takes property from the person
Prevents person from holding onto property
Class C felony
Why do you think people shoplift?Why do so many teens shoplift? List the reasons.
What could be done to address each of the reasons for shoplifting? Which most effective and why?
If you saw a stranger shoplifting, what would you do? Would your answer be different if you knew the person?
A movie star is caught shoplifting with thousands of dollars worth of merchandise. It is her first offense. What penalty should she receive? Would the penalty be different if she was not famous?
As John is shopping at Target, he places 2 DVDs in his backpack, intending to steal them. A store detective follows him around the store and stops John just before John gets to the front door. What crime, if any has John committed? Explain your answer.
*Both deal with destruction of property*
Arson- willful or malicious burning of a person’s property
Crime even if property is burned by owner
May also involve a separate fraud crime if burned to collect insurance
Vandalism – willful destruction or damage to property
Can be a felony or a misdemeanor, depending on extent of damage
Arson in the Second Degree
starting a fire or causing an explosion, the person intentionally damages property of another:
Damage exceeds $750; OR
manufacture of methamphetamine
Class C felony – usually 1-5 years in prison
Arson in the First Degree
starting a fire or causing an explosion, the person intentionally damages protected property:
Causes bodily injury
Injuries police officer or firefighter acting in the line of duty
Class A felony - could be up to 25 years in prison
New crimes have arisen due to technology
Spamming, worms and viruses, phishing
Transmission of obscene material
Hacking and computer fraud
Team 1: For a-d, argue that each should be a crime
Team 2: For a-d, argue that each should not be a crime
Team 3: For e-h, argue that each should be a crime
Team 4: For e-h, argue that each should not be a crime
Questions about law school?