© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. C HAPTER 6: C RIMINAL L AW

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. T OPICS C OVERED C HAPTER 6: C RIMINAL L AW A.Nature of Crimes. B.White-Collar Crime. C.Crimes Against Business. D.Defenses to Crimes. E.Criminal Procedure. 2

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. N ATURE OF C RIMES  Definition – any act or omission forbidden by public law.  Essential Elements Actus Reus – wrongful or overt act. Mens Rea – criminal intent or mental fault. 3

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. N ATURE OF C RIMES  Classification of Crimes. Felony – a serious crime. Misdemeanor – a less serious crime.  Vicarious Liability. Liability imposed upon one person for the acts of another. Employers may be criminally liable for acts of employees.  4

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. N ATURE OF C RIMES  Liability of a Corporation. Corporations can only be fined, not imprisoned. Responsible corporate officers can be fined and imprisoned. 5

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. D EGREES OF M ENTAL F AULT Type Fault Required Examples Subjective Fault Purposeful Knowing Reckless Larceny Embezzlement Objective FaultNegligent Careless Careless Driving Issuing bad check (some states) Liability without Fault None Sale of alcohol to minor Sale of adulterated food

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. W HITE -C OLLAR C RIME  Definition – nonviolent crime involving deceit, corruption, or breach of trust. P EOPLE V. F ARELL (2002). P EOPLE V. F ARELL (2002).  Computer Crime – use of a computer to commit a crime or a crime targeted at a computer.  7

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. W HITE -C OLLAR C RIME  Racketeer Influenced and Corrupt Organizations Act (RICO) – federal law intended to stop organized crime from infiltrating legitimate businesses. 8

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. C RIMES A GAINST B USINESS  Larceny – trespassory taking and carrying away of personal property of another with the intent to deprive the victim permanently of the property.  Embezzlement – taking of another's property by a person who was in lawful possession of the property.  9

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. C RIMES A GAINST B USINESS  False Pretenses – obtaining title to property of another by means of representation one knows to be materially false; made with intent to defraud. S TATE OF S OUTH D AKOTA V. M ORSE (2008). S TATE OF S OUTH D AKOTA V. M ORSE (2008). 10

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. C RIMES A GAINST B USINESS  Robbery – committing larceny with the use or threat of force.  Burglary – under most modern statutes, an entry into a building with the intent to commit a felony.  11

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. C RIMES A GAINST B USINESS  Extortion and Bribery – offering money or property to a public official to influence the official's decision.  Forgery – intentional falsification of a document to defraud.  Bad Checks – knowingly issuing a check without sufficient funds to cover it. S TATE V. K ELM (1996). S TATE V. K ELM (1996). 12

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. D EFENSES TO C RIMES  Defense of Person or Property – individuals may use reasonable force to protect themselves, other individuals, and their property.  Duress – coercion by threat of serious bodily harm; a defense to criminal conduct other than murder.  13

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. D EFENSES TO C RIMES  Mistake of Fact – honest and reasonable belief that conduct is not criminal.  Entrapment – inducement by a law enforcement official to commit a crime. 14

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. C RIMINAL P ROCEDURE  Steps in Criminal Prosecution – generally include arrest, booking, formal notice of charges, preliminary hearing to determine probable cause, indictment or information, arraignment, and trial.  15

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. C RIMINAL P ROCEDURE  Steps in Criminal Prosecution. Guilt must be proven beyond a reasonable doubt. Fourth Amendment – protects individuals against unreasonable searches and seizures.  16

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. C RIMINAL P ROCEDURE  Steps in Criminal Prosecution. Fifth Amendment – protects persons against self-incrimination, double jeopardy, and being charged with a capital crime except by grand jury indictment.  17

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. C RIMINAL P ROCEDURE  Steps in Criminal Prosecution. Sixth Amendment – provides the accused with the right to a speedy and public trial, the opportunity to confront witnesses, process for obtaining witnesses, and the right to counsel. 18

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. AmendmentProtection Conferred FourthFreedom from unreasonable search and seizure FifthDue process Right to indictment by grand jury for capital crimes* Freedom from double jeopardy Freedom from self-incrimination SixthRight to speedy, public trial by jury Right to be informed of accusations Right to confront witnesses Right to present witnesses Right to competent counsel EighthFreedom from excessive bail Freedom from cruel and unusual punishment *This right hasnot been applied to the States through the Fourteenth Amendment. C ONSTITUTIONAL P ROTECTION FOR THE C RIMINAL D EFENDANT