LAW for Business and Personal Use© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
CHAPTER CHAPTER 44
Criminal Law and Criminal Law and ProcedureProcedure
4-14-1 Criminal Law
4-24-2 Criminal Procedure
LAW for Business and Personal Use© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Chapter 4
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4-1 Criminal Law
GOALS Understand the three elements that make up a
criminal act Classify crimes according to the severity of their
potential sentences Identify the types of crimes that affect business
LAW for Business and Personal Use© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
What is a CRIME?
A punishable offense Breach of the peace
Identify a domestic or foreign situation where society’s peace has been destroyed.
What is the result of this situation?
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LAW for Business and Personal Use© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
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CRIMES AND CRIMINAL BEHAVIOR
Elements of criminal acts that must be proven at trial Duty
Did you have a duty to do or not to do a certain thing?
Violation of the duty Did you perform an act in violation of that duty?
Criminal intent Did you have criminal intent? Shooting at High School
LAW for Business and Personal Use© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
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CLASSIFICATIONS OF CRIMES Felony-more serious crime
Punishment: State prison > than 1 year Fine > $1,000 Both death
Misdemeanor-less serious crime Punishment:
City/county jail < than 1 year Fine < $1,000 both
10 most wanted
LAW for Business and Personal Use© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
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Crimes Against Type of Crime
A person Assault/battery Hate Crime RapeKidnapping Murder
Property Theft RobberyEmbezzlement
Government/administration of Justice
Treason Tax Evasion Perjury
Public Peace/Order Rioting Disorderly ConductIllegal speeding
Realty Burglary Arson Criminal Trespass
Consumers Fraudulent Sale of SecuritiesViolation of Pure Food & Drug Laws
Decency Bigamy Obscenity Prostitution
LAW for Business and Personal Use© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Chapter 4
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LAW for Business and Personal Use© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Chapter 4
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BUSINESS-RELATED CRIMES Larceny - theft Receiving stolen
property - fence False pretenses - fraud Forgery – felony Bribery
Computer crime Extortion - blackmail Conspiracy –
agreement to commit Arson
LAW for Business and Personal Use© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Top 10 White Collar Crime Cases Enron collapse
Worldcom accounting scandal
Bernie Madoff Ponzi scheme
InStock trading scandal
Countrywide political loan scandal
Adelphia collapse Tyco accounting
scandal HealthSouth
accounting scandal Jack Abramoff
lobbying scandal Marcus Schrenker
fraud and attempted fake death
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LAW for Business and Personal Use© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Chapter 4
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4-2 Criminal Procedure
GOALS Know the rights people have when arrested and
their potential criminal liability for the action of others
Name and describe the two types of defenses to criminal charges
Understand appropriate punishment for crimes Explain the steps in criminal procedure
LAW for Business and Personal Use© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
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RIGHTS AND RESPONSIBILITIES Rights of the accused
Fair procedures Attorney representation Trial by jury
Responsibility for the criminal conduct of others Aiding and abetting
LAW for Business and Personal Use© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Chapter 4
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DEFENSES TO CRIMINAL CHARGESLegal position taken by an accusedProcedural defenses
How evidence is obtained Arrest, interrogation, trial, punishment
Substantive defenses Discredit the facts Self defense Criminal insanity immunity
LAW for Business and Personal Use© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Chapter 4
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PUNISHMENTS FOR CRIMES
Fines Imprisonment Execution
LAW for Business and Personal Use© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Chapter 4
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PROCEDURE FOR A CRIMINAL TRIAL
Pre-trial criminal procedure Investigation Information Indictment Arraignment Preliminary hearing bail
LAW for Business and Personal Use© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Procedure continued
Preparations for Trial Investigation Witnesses preparation motions
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LAW for Business and Personal Use© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Procedures continued
Procedure at Trial Jury selection Opening statements Evidence is presented Closing remarks Jury instructions verdict
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LAW for Business and Personal Use© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Chapter 4
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PREVENTLEGALDIFFICULTIES
As a citizen . . . Work to know the law and to live within its
requirements. Never intentionally do something illegal. Never misrepresent a fact to obtain the goods or
services of others. Never threaten others with an illegal act to cause
them to do something. If arrested, immediately contact a lawyer. Know your rights and make use of them.