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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

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Crimes against property

Civil Rights and Criminal Law

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


Crimes against property

3 categories of punishment

Felony

More than one year in state or federal prison

May impact a person’s ability to obtain certain types of employment

Misdemeanor

Less than one year in jail

May sometimes be served in local or county jail instead of state prison

Violation

Fine

Citation


Crimes against property

2 categories of crime

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.


Crimes against property

Crimes Against Property

Arson

Vandalism

Larceny

Embezzlement

Robbery

Burglary

Extortion (Blackmail)

Cybercrime


Crimes against property

Larceny

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


Crimes against property

Robbery in Oregon

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


Crimes against property

Shoplifting

Problem 10.2

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?


Crimes against property

Shoplifting

Challenge question:

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.


Crimes against property

Arson and Vandalism

*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


Crimes against property

Arson in Oregon

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


Crimes against property

Cybercrimes

New crimes have arisen due to technology

Spamming, worms and viruses, phishing

Music piracy

Transmission of obscene material

Hacking and computer fraud


Crimes against property

Advocacy Activity

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 or comments questions about law school

Questions or comments?

Questions about law school?