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©2001 West Legal Studies in Business. All Rights Reserved. 3 FeloniesMisdemeanors Serious crimes, punishable by Death or prison for more than one (1) year. Non-serious (petty) crimes punishable by jail for less than one(1) year and/or by fines. §2: Classification of Crimes An act can have both civil and criminal consequences. (O.J. Simpson trials)
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©2001 West Legal Studies in Business. All Rights Reserved.1
Chapter 8:Chapter 8:Criminal Law and Criminal Law and
ProceduresProcedures
©2001 West Legal Studies in Business. All Rights Reserved.2
§1: §1: Civil vs. Criminal LawCivil vs. Criminal Law
Major differences:
Civil (Tort) CriminalPreponderance Beyond Reasonable Doubt
Damages Jail or Prison
Private (parties hire their own attorneys)
Public (Prosecutor represents community)
©2001 West Legal Studies in Business. All Rights Reserved.3
Felonies Misdemeanors
Serious crimes, punishable by Death or prison for more than one (1) year.
Non-serious (petty) crimes punishable by jail for less than one(1) year and/or by fines.
§2: §2: Classification of CrimesClassification of Crimes
• An act can have both civil and criminal consequences. (O.J. Simpson trials)
©2001 West Legal Studies in Business. All Rights Reserved.4
§3: §3: Essentials of Essentials of Criminal LiabilityCriminal Liability
To be convicted of a crime, a person must:– Commit a guilty act (actus reus).– Have the guilty mind (mens rea) during
commission of the guilty act.
©2001 West Legal Studies in Business. All Rights Reserved.5
§4: §4: Corporate Criminal LiabilityCorporate Criminal Liability
• A corporation is creature of state statute. • A corporate entity may be convicted of a
crime.• Punishment would be fines and/or denial of
certain legal privileges.
©2001 West Legal Studies in Business. All Rights Reserved.6
Corporate Criminal Liability Corporate Criminal Liability [2][2]
• Corporations may be convicted of criminal activity if:– Crime is within agent/employee’s scope of
employment;– Corporation fails to perform a legally required
duty; or– Crime authorized or requested by corporate
principal/officer.
©2001 West Legal Studies in Business. All Rights Reserved.7
Liability of Corporate OfficersLiability of Corporate Officers
• Corporate officers and directors are personally liable for crimes they commit.
• Also, they may be criminally liable for acts of their under the “Responsible Corporate Officer” doctrine. U.S. v. Park (1975).
• Case 8.1: U.S. v. Hanousek (1999).
©2001 West Legal Studies in Business. All Rights Reserved.8
§5: §5: Types of CrimesTypes of Crimes
• Violent Crimes.– Murder, sexual assault, rape, robbery.
• Property Crimes.– Burglary, larceny, theft of trade secrets, theft of
services, arson, receipt of stolen goods, forgery.
©2001 West Legal Studies in Business. All Rights Reserved.9
““White Collar” CrimesWhite Collar” Crimes Crimes occurring in the business context
using non-violent means to obtain personal or business advantage.– Embezzlement.– Mail or Wire Fraud (federal).– Bribery.– Bankruptcy Fraud (federal).– Insider Trading (federal).– Theft of Trade Secrets (federal).
©2001 West Legal Studies in Business. All Rights Reserved.10
Organized CrimeOrganized Crime
Operates illegitimately by providing illegal goods and services:– Money Laundering.– RICO(criminal and civil liability).
©2001 West Legal Studies in Business. All Rights Reserved.11
Computer CrimeComputer Crime
• Acts directed against computers and computer parts involving computers as tools of crime.
• Any crime involving computer networks, viruses, data or hacking.
©2001 West Legal Studies in Business. All Rights Reserved.12
§6: §6: Defenses to Criminal LiabilityDefenses to Criminal Liability• Infancy (juvenile).• Involuntary Intoxication: is a defense if
person was incapable of understanding act.• Insanity: defendant lacked substantial
capacity to appreciate the wrongfulness of act or to conform act to law.
• Mistake.• Duress.• Consent.
©2001 West Legal Studies in Business. All Rights Reserved.13
Defenses Defenses [2][2]
• Self-Defense of People and Property: use deadly force if reasonable belief of immanent death or serious injury; cannot use deadly force to protect property alone. Case 8.2: Katco v. Briney (1971).
• Necessity: criminal act necessary to prevent greater harm.
©2001 West Legal Studies in Business. All Rights Reserved.14
Defenses Defenses [3][3]
• Entrapment: prevents government from encouraging crimes. Key issue: was the defendant pre-disposed to commit the act?
• Statute of Limitations.• Immunity.
©2001 West Legal Studies in Business. All Rights Reserved.15
§7: §7: Criminal ProceduresCriminal Procedures
• U.S. Constitution provides specific safeguards for those accused of crimes at federal and state level.
• Criminal procedures are designed to protect against the arbitrary use of power by the government.
©2001 West Legal Studies in Business. All Rights Reserved.16
Criminal Criminal ProcessProcess
G rand Jury D .A 's O ffice
Plea Barga inC h an g e o f P lea to G u ilty
T ria lP ros ecu tor m u s t p rove
g u ilt b eyon d reas on ab le d ou b t
S entenc ing
A rra ignm ent
Pre l im inary Hearing(D e te rm in es P rob ab le C au se )
In it ia l A ppearance(B e fore Ju d g e)
A rres t(R eq u ires P rob ab le C au se)
©2001 West Legal Studies in Business. All Rights Reserved.17
The “Miranda” RuleThe “Miranda” Rule
• Miranda v. Arizona in 1966 required police to inform suspects of their constitutional rights.
• The Supreme Court upheld Miranda in Dickerson v. U.S. (2000).
©2001 West Legal Studies in Business. All Rights Reserved.18
Fourth AmendmentFourth Amendment
• The Fourth Amendment protects against unreasonable search and seizures.
• No warrant for search or arrest can issue without probable cause.
©2001 West Legal Studies in Business. All Rights Reserved.19
Exclusionary RuleExclusionary Rule
• Evidence obtained in violation of Constitutional amendments is excluded from trial.
• Deter police from warrantless searches, seizures and misconduct.
• “Inevitability” and “good faith” are exceptions to the rule.
©2001 West Legal Studies in Business. All Rights Reserved.20
Fifth AmendmentFifth Amendment
• The Fifth Amendment requires that no one can be denied life, liberty or property with “due process.”
• Prohibits “double jeopardy” (tried twice for same crime).
• Prohibits self-incrimination.
©2001 West Legal Studies in Business. All Rights Reserved.21
Sixth AmendmentSixth Amendment
The Sixth Amendment guarantees the accused the rights to:– A speedy trial.– A trial by jury for criminal cases.– Confront his witnesses (cross-examination).– Counsel paid by state.
©2001 West Legal Studies in Business. All Rights Reserved.22
Law on the WebLaw on the Web
• Department of Justice statistics.• CourtTV.com• “Anatomy of a Murder.”• Findlaw.com • U.S. Sentencing Guidelines Manual.
• Legal Research Exercises on the Web.