Law for Business and Personal Use © Thomson South-Western CHAPTER 4 Criminal Law and Procedure 4-1 Criminal Law 4-2 Criminal Procedure

Law for Business and Personal Use © Thomson South-Western Chapter 4 Slide 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 © Thomson South-Western Chapter 4 Slide 3 FOCUS What is a crime? A punishable offense against society.

Law for Business and Personal Use © Thomson South-Western Chapter 4 Slide 4 Elements of Criminal Acts Duty- it is everyone’s duty to know the law and to conform his or her conduct to the law’s requirements Violation of the duty- The specific conduct of the defendant that violates the statute (the criminal act) Criminal intent- means the defendant Intended to commit the act Intended to do evil

Law for Business and Personal Use © Thomson South-Western Chapter 4 Slide 5 Criminal Intent (Corporations) Criminal Intent creates two issues: Can a corporation, which is an organization, form criminal intent the way humans can? When a corporate employee commits a crime, can officers be held criminally responsible? The answer to both is yes! Vicarious criminal liability: substituted criminal liability

Law for Business and Personal Use © Thomson South-Western Chapter 4 Slide 6 Criminal Intent (cont.) To have criminal intent, one must have sufficient mental capacity to know the difference between right and wrong Some minor crimes do not require the element of criminal intent (traffic offenses) In certain circumstances extreme carelessness may be considered the same as criminal intent

Law for Business and Personal Use © Thomson South-Western Chapter 4 Slide 7 What three elements must be proven at trial before someone can be convicted of a crime?

Law for Business and Personal Use © Thomson South-Western Chapter 4 Slide 8 CLASSIFICATIONS OF CRIMES Felony- 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 Misdemeanor- punishable by confinement in a county or city jail for less than one year, by fine, or both Infractions- lesser misdemeanors, persons can only be fined

Law for Business and Personal Use © Thomson South-Western Chapter 4 Slide 9 Name the two categories of crimes classified by the severity of their potential sentences.

Law for Business and Personal Use © Thomson South-Western Chapter 4 Slide 10 BUSINESS-RELATED CRIMES Larceny: the wrongful taking of money or personal property belonging to someone else, with the intent to deprive the owner of possession. Robbery: the taking of property from anoterh’s person or immediate presence, against the victim’s will, by force or by causing fear Burglary: entering a building without permission when intending to commit a crime Others include shoplifting, pick pocketing, purse snatching

Law for Business and Personal Use © Thomson South-Western Chapter 4 Slide 11 BUSINESS-RELATED CRIMES Receiving Stolen Property: knowingly receiving stolen property either by receiving or buying False pretenses: one who obtains money or other property by lying about a past or existing fact (fraud)

Law for Business and Personal Use © Thomson South-Western Chapter 4 Slide 12 BUSINESS-RELATED CRIMES Forgery: falsely making or materially altering a writing to defraud another (changing a check from $7 to $70) Bribery: unlawfully offering or giving anything of value to influence performance of an official

Law for Business and Personal Use © Thomson South-Western Chapter 4 Slide 13 BUSINESS-RELATED CRIMES Computer Crime: illegal to steal computer data (not larceny because no physical property was stolen) Extortion: obtaining money or other property from a person by wrongful use of force, fear, or the power of office

Law for Business and Personal Use © Thomson South-Western Chapter 4 Slide 14 BUSINESS-RELATED CRIMES Conspiracy: agreement between two or more persons to commit a crime Arson: the willful and illegal burning of a building

Law for Business and Personal Use © Thomson South-Western Chapter 4 Slide 15 Name the types of business- related crimes.

Law for Business and Personal Use © Thomson South-Western Chapter 4 Slide Criminal Procedure GOALS Know the rights a person has when arrested Recognize a person’s potential criminal liability for the actions of others Name and describe the two types of defenses to criminal charges

Law for Business and Personal Use © Thomson South-Western Chapter 4 Slide 17 FOCUS Why is it important for individuals to have protection from certain government actions?

Law for Business and Personal Use © Thomson South-Western Chapter 4 Slide 18 Rights of the Accused Defendants may not be compelled to testify against themselves Evidence presented against them cannot be developed by unreasonable searches and seizures by the authorities The right of the accused criminal to be represented by a lawyer To convict a person of a crime, the evidence must establish guilt with proof “beyond a reasonable doubt” In criminal jury trials, the defendant usually is found guilty only if all the jurors vote to convict

Law for Business and Personal Use © Thomson South-Western Chapter 4 Slide 19 Responsibility for the criminal conduct of others A person who knowingly aids another in the commission of a crime also is guilty of criminal wrongdoing Corporations can be held vicariously liable for the conduct of their employees

Law for Business and Personal Use © Thomson South-Western Chapter 4 Slide 20 What constitutional rights would you have if you were accused of a crime?

Law for Business and Personal Use © Thomson South-Western Chapter 4 Slide 21 Procedural defenses Based on problems with the way evidence is obtained or the way an accused person is arrested, questioned, tried, or punished

Law for Business and Personal Use © Thomson South-Western Chapter 4 Slide 22 Substantive defenses Disprove, justify, or excuse the alleged crime Discredit the facts Self-defense: use of force that appears to be reasonable necessary to the victim to prevent harm Criminal insanity: the accused does not know the difference between right and wrong Immunity: freedom from prosecution (exchange for an agreement to testify)

Law for Business and Personal Use © Thomson South-Western Chapter 4 Slide 23 Name the two defense categories and give an example of each.

Law for Business and Personal Use © Thomson South-Western Chapter 4 Slide 24 PUNISHMENTS FOR CRIMES Fines Imprisonment Execution

Law for Business and Personal Use © Thomson South-Western Chapter 4 Slide 25 What is the purpose of punishment for a crime?