LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 5 Slide 1 Our Criminal Laws...

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



Criminal Law

Define the elements present in all crimesDescribe crimes that commonly occur in the

business environment

LESSON 5-1

GOALS



WHAT ARE CRIMES?

CRIME - punishable offense against society

Elements of a crimeCriminal conduct



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



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?



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



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



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




When a corporate employee commits a crime, can officers be held responsible?

Yes - doctrine of VICARIOUS CRIMINAL LIABILITY

Vicarious - substituted




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.



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



EXAMPLES OF CRIMES AGAINST A PERSON

Assault and batteryKidnappingMurderRape



EXAMPLES OF CRIMES AGAINST PROPERTY

EmbezzlementTheftRobbery



EXAMPLES OF CRIMESAGAINST THE GOVERNMENTAND ADMINISTRATION OF JUSTICE

PerjuryTax evasionTreason



EXAMPLES OF CRIMES AGAINST PUBLIC PEACE AND ORDER

Disorderly conductIllegal speedingRioting



EXAMPLES OF CRIMES AGAINST REALTY

ArsonBurglaryCriminal trespass



EXAMPLES OF CRIMES AGAINST CONSUMERS

Fraudulent sale of securitiesViolation of pure food and drug laws



EXAMPLES OF CRIMES AGAINST DECENCY

BigamyObscenityProstitution



CLASSIFICATIONOF CRIMES

FelonyMisdemeanor



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.



EXAMPLES OF FELONIES

ArsonBurglaryEmbezzlementForgeryKidnapping

MurderPerjuryRapeRobberyTheft of large sums







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



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.



BUSINESS-RELATED CRIMES

LarcenyReceiving stolen

propertyFalse pretensesForgery

BriberyComputer crimeExtortionConspiracyArson



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



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



Larceny (robbery)The taking of

property from another’s person or immediate presence, against the victim’s will, by force or by causing fear



Larceny (burglary)

Entering a building without permission when intending to commit a crime



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



ForgeryFalsely making or

materially altering to defraud another

Most commonly found on checks when one signs another’s name without permission to do so



BriberyUnlawfully offering

or giving anything of value to influence performance of an official

Soliciting or accepting the bribe is also criminal



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



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



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



ArsonThe willful and

illegal burning of a building

Occurs when someone intentionally starts a fire and burns a structure without the owner’s consent



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



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



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.



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.



Agree / Not Agree

Search was deemed unreasonable as it lacked probable cause

marijuana could not be used as evidence



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



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)



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



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



Contempt of Court – action that hinders the administration of justice

crime punishable by imprisonment



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.



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.



The Ripple Effect

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