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LAW FOR BUSINESS AND PERSONAL USE LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING© SOUTH-WESTERN PUBLISHING
Chapter 5Chapter 5 Slide Slide 11
Our Criminal Laws
5-15-1 Criminal Law
5-25-2 Criminal Procedure
CHAPTER 5
Lessons
LAW FOR BUSINESS AND PERSONAL USE LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING© SOUTH-WESTERN PUBLISHING
Chapter 5Chapter 5 Slide Slide 22
Criminal Law
Define the elements present in all crimesDescribe crimes that commonly occur in the
business environment
LESSON 5-1
GOALS
Chapter 5Chapter 5 Slide Slide 33
LAW FOR BUSINESS AND PERSONAL USE LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING© SOUTH-WESTERN PUBLISHING
WHAT ARE CRIMES?
CRIME - punishable offense against society
Elements of a crimeCriminal conduct
Chapter 5Chapter 5 Slide Slide 44
LAW FOR BUSINESS AND PERSONAL USE LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING© SOUTH-WESTERN PUBLISHING
ELEMENTS OF A CRIME
Duty - to do or not to do a certain thing
Violation of the duty – (criminal act)
Criminal intent – (required in most cases)Intended to commit
the actIntended to do evil
Chapter 5Chapter 5 Slide Slide 55
LAW FOR BUSINESS AND PERSONAL USE LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING© SOUTH-WESTERN PUBLISHING
Davis (chief accountant)Juggled books and took $35,000
belonging to credit unionAuditors discovered – Davis paid back
with interestHas she committed a crime despite the
repayment?
Chapter 5Chapter 5 Slide Slide 66
LAW FOR BUSINESS AND PERSONAL USE LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING© SOUTH-WESTERN PUBLISHING
Owed duty (defined by statute)Act – took money
The criminal conduct of taking another’s property or money by a person to whom it has been entrusted
EMBEZZLEMENT
Intent – intended to do evil
Chapter 5Chapter 5 Slide Slide 77
LAW FOR BUSINESS AND PERSONAL USE LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING© SOUTH-WESTERN PUBLISHING
CRIMINAL CONDUCT
Criminal conduct may be classified as follows:Crimes against a personCrimes against propertyCrimes against the government and
administration of justiceCrimes against public peace and orderCrimes against realtyCrimes against consumersCrimes against decency
Chapter 5Chapter 5 Slide Slide 88
LAW FOR BUSINESS AND PERSONAL USE LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING© SOUTH-WESTERN PUBLISHING
Criminal Intent w/Corporations
Can a corporation form criminal intent?YesIf corporation’s employees have
criminal intent – employer may be judged to have criminal intent
If employees are carrying out assigned duties and the criminal act benefits the organization
Chapter 5Chapter 5 Slide Slide 99
LAW FOR BUSINESS AND PERSONAL USE LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING© SOUTH-WESTERN PUBLISHING
Criminal Intent w/Corporations
When a corporate employee commits a crime, can officers be held responsible?
Yes - doctrine of VICARIOUS CRIMINAL LIABILITY
Vicarious - substituted
Chapter 5Chapter 5 Slide Slide 1010
LAW FOR BUSINESS AND PERSONAL USE LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING© SOUTH-WESTERN PUBLISHING
Criminal Intent w/Corporations
President of company is aware of dangerous working conditions and does nothing. Supervisor fails to take safety precautions and worker is killed.
President possible homicide charges.
Chapter 5Chapter 5 Slide Slide 1111
LAW FOR BUSINESS AND PERSONAL USE LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING© SOUTH-WESTERN PUBLISHING
Intent / Age
14 years + presumed to know right/wrong7-14 has to be proven6-19 age of criminal liabilityInsane - incapable of intentNot relieved for involuntary
intoxication/drug use
Chapter 5Chapter 5 Slide Slide 1212
LAW FOR BUSINESS AND PERSONAL USE LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING© SOUTH-WESTERN PUBLISHING
EXAMPLES OF CRIMES AGAINST A PERSON
Assault and batteryKidnappingMurderRape
Chapter 5Chapter 5 Slide Slide 1313
LAW FOR BUSINESS AND PERSONAL USE LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING© SOUTH-WESTERN PUBLISHING
EXAMPLES OF CRIMES AGAINST PROPERTY
EmbezzlementTheftRobbery
Chapter 5Chapter 5 Slide Slide 1414
LAW FOR BUSINESS AND PERSONAL USE LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING© SOUTH-WESTERN PUBLISHING
EXAMPLES OF CRIMESAGAINST THE GOVERNMENTAND ADMINISTRATION OF JUSTICE
PerjuryTax evasionTreason
Chapter 5Chapter 5 Slide Slide 1515
LAW FOR BUSINESS AND PERSONAL USE LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING© SOUTH-WESTERN PUBLISHING
EXAMPLES OF CRIMES AGAINST PUBLIC PEACE AND ORDER
Disorderly conductIllegal speedingRioting
Chapter 5Chapter 5 Slide Slide 1616
LAW FOR BUSINESS AND PERSONAL USE LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING© SOUTH-WESTERN PUBLISHING
EXAMPLES OF CRIMES AGAINST REALTY
ArsonBurglaryCriminal trespass
Chapter 5Chapter 5 Slide Slide 1717
LAW FOR BUSINESS AND PERSONAL USE LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING© SOUTH-WESTERN PUBLISHING
EXAMPLES OF CRIMES AGAINST CONSUMERS
Fraudulent sale of securitiesViolation of pure food and drug laws
Chapter 5Chapter 5 Slide Slide 1818
LAW FOR BUSINESS AND PERSONAL USE LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING© SOUTH-WESTERN PUBLISHING
EXAMPLES OF CRIMES AGAINST DECENCY
BigamyObscenityProstitution
Chapter 5Chapter 5 Slide Slide 1919
LAW FOR BUSINESS AND PERSONAL USE LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING© SOUTH-WESTERN PUBLISHING
CLASSIFICATIONOF CRIMES
FelonyMisdemeanor
Chapter 5Chapter 5 Slide Slide 2020
LAW FOR BUSINESS AND PERSONAL USE LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING© SOUTH-WESTERN PUBLISHING
FELONY
A felony is a crime punishable by confinement for more than a year in a state prison or by a fine of more than $1,000, or both—or even death.
Chapter 5Chapter 5 Slide Slide 2121
LAW FOR BUSINESS AND PERSONAL USE LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING© SOUTH-WESTERN PUBLISHING
EXAMPLES OF FELONIES
ArsonBurglaryEmbezzlementForgeryKidnapping
MurderPerjuryRapeRobberyTheft of large sums
Chapter 5Chapter 5 Slide Slide 2222
LAW FOR BUSINESS AND PERSONAL USE LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING© SOUTH-WESTERN PUBLISHING
Chapter 5Chapter 5 Slide Slide 2323
LAW FOR BUSINESS AND PERSONAL USE LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING© SOUTH-WESTERN PUBLISHING
Chapter 5Chapter 5 Slide Slide 2424
LAW FOR BUSINESS AND PERSONAL USE LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING© SOUTH-WESTERN PUBLISHING
MISDEMEANOR
A misdemeanor is a less serious crime. It is usually punishable by confinement in a county or city jail for less than one year, by fine, or both.
Examples of misdemeanors include disorderly conduct and speeding
Chapter 5Chapter 5 Slide Slide 2525
LAW FOR BUSINESS AND PERSONAL USE LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING© SOUTH-WESTERN PUBLISHING
INFRACTION
Some states classify lesser misdemeanors as infractions.
A person convicted of an infraction can only be fined.
Because there is no risk of being jailed, the defendant is not entitled to a jury trial.
Examples include littering and parking violations.
Chapter 5Chapter 5 Slide Slide 2626
LAW FOR BUSINESS AND PERSONAL USE LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING© SOUTH-WESTERN PUBLISHING
BUSINESS-RELATED CRIMES
LarcenyReceiving stolen
propertyFalse pretensesForgery
BriberyComputer crimeExtortionConspiracyArson
Chapter 5Chapter 5 Slide Slide 2727
LAW FOR BUSINESS AND PERSONAL USE LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING© SOUTH-WESTERN PUBLISHING
White-collar crimesOffenses committed in the
business world are referred to
as white-collar crimesDon’t involve force or violenceDo not cause injury to peopleDo not cause physical damage
to property
Chapter 5Chapter 5 Slide Slide 2828
LAW FOR BUSINESS AND PERSONAL USE LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING© SOUTH-WESTERN PUBLISHING
Antitrust Laws
State that competing companies may not cooperate in fixing prices or in dividing sales regions
Require that business business firms compete with one another
Chapter 5Chapter 5 Slide Slide 2929
LAW FOR BUSINESS AND PERSONAL USE LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING© SOUTH-WESTERN PUBLISHING
Larceny (robbery)The taking of
property from another’s person or immediate presence, against the victim’s will, by force or by causing fear
Chapter 5Chapter 5 Slide Slide 3030
LAW FOR BUSINESS AND PERSONAL USE LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING© SOUTH-WESTERN PUBLISHING
Larceny (burglary)
Entering a building without permission when intending to commit a crime
Chapter 5Chapter 5 Slide Slide 3131
LAW FOR BUSINESS AND PERSONAL USE LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING© SOUTH-WESTERN PUBLISHING
False pretensesWhen one who obtains money or other
property by lying about a past or existing fact
Differs from larceny because the victim parts with the property voluntarily
A type of fraud
Chapter 5Chapter 5 Slide Slide 3232
LAW FOR BUSINESS AND PERSONAL USE LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING© SOUTH-WESTERN PUBLISHING
ForgeryFalsely making or
materially altering to defraud another
Most commonly found on checks when one signs another’s name without permission to do so
Chapter 5Chapter 5 Slide Slide 3333
LAW FOR BUSINESS AND PERSONAL USE LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING© SOUTH-WESTERN PUBLISHING
BriberyUnlawfully offering
or giving anything of value to influence performance of an official
Soliciting or accepting the bribe is also criminal
Chapter 5Chapter 5 Slide Slide 3434
LAW FOR BUSINESS AND PERSONAL USE LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING© SOUTH-WESTERN PUBLISHING
Computer crimeLarceny when
stealing computer data is harder to prosecute
Courts conclude that there is not a “taking” of personal property if the data is copied and deleted
Chapter 5Chapter 5 Slide Slide 3535
LAW FOR BUSINESS AND PERSONAL USE LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING© SOUTH-WESTERN PUBLISHING
ExtortionCommonly known as blackmailObtaining money or other property from
a person by wrongful use of force, fear, or the power of office
The extortionist may threaten to inflict bodily damage
Exposing an embarrassing fact
Chapter 5Chapter 5 Slide Slide 3636
LAW FOR BUSINESS AND PERSONAL USE LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING© SOUTH-WESTERN PUBLISHING
ConspiracyAn agreement between two or more
persons to commit a crimeUsually agreement is secretThe conspiracy is a crime separate
from the crime parties planned to commit
Crime could be a felony or a misdemeanor
Chapter 5Chapter 5 Slide Slide 3737
LAW FOR BUSINESS AND PERSONAL USE LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING© SOUTH-WESTERN PUBLISHING
ArsonThe willful and
illegal burning of a building
Occurs when someone intentionally starts a fire and burns a structure without the owner’s consent
LAW FOR BUSINESS AND PERSONAL USE LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING© SOUTH-WESTERN PUBLISHING
Chapter 5Chapter 5 Slide Slide 3838
Criminal Procedure
Know the rights a person has when arrestedRecognize a person’s potential criminal liability
for the actions of othersUnderstand the justifiability of the common
defenses to criminal charges
LESSON 5-2
GOALS
Chapter 5Chapter 5 Slide Slide 3939
LAW FOR BUSINESS AND PERSONAL USE LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING© SOUTH-WESTERN PUBLISHING
Constitutional Rights
Authors of our Constitution believed it was better for society to give individuals too much liberty than to allow the government too much power.
Probable Cause - a reasonable ground for belief
Chapter 5Chapter 5 Slide Slide 4040
LAW FOR BUSINESS AND PERSONAL USE LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING© SOUTH-WESTERN PUBLISHING
Agree / Not Agree
During a routine traffic stop of a small truck for speeding, an officer became suspicious of the cargo the truck contained due to a smell coming from inside. When his request to search the truck was refused, the officer radioed for the assistance of a drug dog. Unfortunately, the dog was unavailable.
Chapter 5Chapter 5 Slide Slide 4141
LAW FOR BUSINESS AND PERSONAL USE LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING© SOUTH-WESTERN PUBLISHING
Agree / Not Agree
Finally, he ordered the driver to open the cargo area. When the driver did so, the officer found more than a ton of marijuana.
At trial, the defense attorney maintained that it was an illegal search and seizure and that the marijuana should not be allowed to be used as evidence.
Chapter 5Chapter 5 Slide Slide 4242
LAW FOR BUSINESS AND PERSONAL USE LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING© SOUTH-WESTERN PUBLISHING
Agree / Not Agree
Search was deemed unreasonable as it lacked probable cause
marijuana could not be used as evidence
Chapter 5Chapter 5 Slide Slide 4343
LAW FOR BUSINESS AND PERSONAL USE LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING© SOUTH-WESTERN PUBLISHING
Rights
Convict a person of a crime –
evidence must establish guilt
“beyond a reasonable doubt”
Right to a trial by jury
-- prosecutor or defendant can request
Guilty Verdict
-- only if all jurors vote to convict
Chapter 5Chapter 5 Slide Slide 4444
LAW FOR BUSINESS AND PERSONAL USE LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING© SOUTH-WESTERN PUBLISHING
RIGHTS AND RESPONSIBILITIES
Rights when arrestedDue process (probable cause)Representation by a lawyer (private /court-
appointed)Responsibility for the criminal conduct
of othersAccomplice – knowingly aids in the
commission of crime (also guilty of criminal wrongdoing)
Chapter 5Chapter 5 Slide Slide 4545
LAW FOR BUSINESS AND PERSONAL USE LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING© SOUTH-WESTERN PUBLISHING
DEFENSES TO CRIMINAL CHARGES
DEFENSE – a legal position taken by an accused to defeat the charges against him/her
Procedural defenses – based on problems with the way evidence is obtained or the way an accused person is arrested, questioned, tried or punished
confessing to a crime because of police threats
Chapter 5Chapter 5 Slide Slide 4646
LAW FOR BUSINESS AND PERSONAL USE LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING© SOUTH-WESTERN PUBLISHING
DEFENSES TO CRIMINAL CHARGES
Substantive defenses – disprove, justify, or excuse the alleged crime
AlibiSelf defense – only non-deadly force if
reasonable sufficientCriminal insanity – know right from wrongImmunity – freedom from prosecution even
when one has committed the crime
Chapter 5Chapter 5 Slide Slide 4747
LAW FOR BUSINESS AND PERSONAL USE LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING© SOUTH-WESTERN PUBLISHING
Contempt of Court – action that hinders the administration of justice
crime punishable by imprisonment
Chapter 5Chapter 5 Slide Slide 4848
LAW FOR BUSINESS AND PERSONAL USE LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING© SOUTH-WESTERN PUBLISHING
PUNISHMENTS FOR CRIMES
A penalty provided by law and imposed by a court is called a punishment.
The purpose is not to remedy the wrong but rather to discipline the wrongdoer.
Chapter 5Chapter 5 Slide Slide 4949
LAW FOR BUSINESS AND PERSONAL USE LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING© SOUTH-WESTERN PUBLISHING
PLEA BARGAINING
Plea bargaining is when an accused person agrees to plead guilty to a less serious crime in exchange for having a more serious charge dropped.
When plea bargaining the accused gives up the right to a public trial to avoid the risk of greater penalty if convicted.