©2001 West Legal Studies in Business. All Rights Reserved. 1 Chapter 7: Criminal Law

©2001 West Legal Studies in Business. All Rights Reserved. 2 §1: Civil vs. Criminal Law Major differences: Civil (Tort)Criminal PreponderanceBeyond Reasonable Doubt DamagesJail or Prison Private (parties hire their own attorneys) Public (Prosecutor represents community)

©2001 West Legal Studies in Business. All Rights Reserved. 3 FeloniesMisdemeanors Serious crimes, punishable by Death or prison for more than one (1) year. Non-serious (petty) crimes punishable by jail for less than one(1) year and/or by fines. §2: Classification of Crimes An act can have both civil and criminal consequences. (Remember the O.J. Simpson trials?)

©2001 West Legal Studies in Business. All Rights Reserved. 4 §3: Essentials of Criminal Liability To be convicted of a crime, a person must: –Commit a guilty act (actus reus). –Have the guilty mind (mens rea) during commission of the guilty act.

©2001 West Legal Studies in Business. All Rights Reserved. 5 §4: Corporate Criminal Liability A corporation is creature of state statute. (See Chapter 19.) A corporate entity may be convicted of a crime. Punishment would be fines and/or denial of certain legal privileges.

©2001 West Legal Studies in Business. All Rights Reserved. 6 Corporate Criminal Liability [2] Corporations may be convicted of criminal activity if the: –Crime is within agent/employee’s scope of employment; or –Corporation fails to perform a legally required duty; or –Crime authorized or requested by corporate principal/officer.

©2001 West Legal Studies in Business. All Rights Reserved. 7 Liability of Corporate Officers Corporate officers and directors are personally liable for crimes they commit. Also, they may be criminally liable for acts of their under the “Responsible Corporate Officer” doctrine. U.S. v. Park (1975).U.S. v. Park Case 7.1: U.S. v. Hanousek (1999).U.S. v. Hanousek

©2001 West Legal Studies in Business. All Rights Reserved. 8 §5: Types of Crimes Violent Crimes: –Murder, sexual assault, rape, robbery. Property Crimes: –Burglary, larceny, theft of trade secrets, theft of services, arson, receipt of stolen goods, forgery.

©2001 West Legal Studies in Business. All Rights Reserved. 9 “White Collar” Crimes Crimes occurring in the business context using non-violent means to obtain personal or business advantage: –Embezzlement. –Mail or Wire Fraud (federal).MailWire –Bribery. –Bankruptcy Fraud (federal). –Insider Trading (federal). –Theft of Trade Secrets (federal).Theft of Trade Secrets

©2001 West Legal Studies in Business. All Rights Reserved. 10 Organized Crime Operates illegitimately by providing illegal goods and services: –Money Laundering. –RICO (both criminal and civil liability).RICO »Civil remedies include forfeiture of property and victims may collect treble damages for RICO injuries by business.

©2001 West Legal Studies in Business. All Rights Reserved. 11 Computer Crime Acts directed against computers and computer parts involving computers as tools of crime. Any crime involving computer networks, viruses, data or hacking. (See Chapter 9.)

©2001 West Legal Studies in Business. All Rights Reserved. 12 §6: Defenses to Criminal Liability Infancy (juvenile). Involuntary Intoxication: is a defense if person was incapable of understanding act. Insanity: defendant lacked substantial capacity to appreciate the wrongfulness of act or to conform act to law. Mistake. Duress. Consent.

©2001 West Legal Studies in Business. All Rights Reserved. 13 Defenses [2] Self-Defense of People and Property: use deadly force if reasonable belief of immanent death or serious injury; cannot use deadly force to protect property alone. Case 7.2: Katco v. Briney (1971). Necessity: criminal act necessary to prevent greater harm.

©2001 West Legal Studies in Business. All Rights Reserved. 14 Defenses [3] Entrapment: prevents government from encouraging crimes. Key issue: was the defendant pre-disposed to commit the act? Statute of Limitations. Immunity.

©2001 West Legal Studies in Business. All Rights Reserved. 15 §7: Criminal Procedures U.S. Constitution provides specific safeguards for those accused of crimes at federal and state level. Criminal procedures are designed to protect against the arbitrary use of power by the government.

©2001 West Legal Studies in Business. All Rights Reserved. 16 Criminal Process

©2001 West Legal Studies in Business. All Rights Reserved. 17 Fourth Amendment The Fourth Amendment protects against unreasonable search and seizures.Fourth Amendment No warrant for search or arrest can issue without probable cause.

©2001 West Legal Studies in Business. All Rights Reserved. 18 Fifth Amendment The Fifth Amendment requires that no one can be denied life, liberty or property with “due process”.Fifth Amendment Prohibits “double jeopardy” (tried twice for same crime). Prohibits self-incrimination.

©2001 West Legal Studies in Business. All Rights Reserved. 19 Sixth Amendment The Sixth Amendment guarantees the accused the rights to:Sixth Amendment –A speedy trial. –A trial by jury for criminal cases. –Confront his witnesses (cross-examination). –Counsel paid by state.

©2001 West Legal Studies in Business. All Rights Reserved. 20 Exclusionary Rule Evidence obtained in violation of 4 th, 5 th and 6 th amendments is excluded from trial. Deters police from warrantless searches, seizures and misconduct. “Inevitability” and “good faith” are exceptions to the rule.

©2001 West Legal Studies in Business. All Rights Reserved. 21 The “Miranda” Rule Miranda v. Arizona in 1966 required police to inform suspects of their constitutional rights.Miranda v. Arizona Police have asked the Supreme Court to repeal Miranda in U.S. v. Dickerson (1996).Supreme Court repealU.S. v. Dickerson

©2001 West Legal Studies in Business. All Rights Reserved. 22 Law on the Web Department of Justice statistics.Department of Justice CourtTV.com.CourtTV.com “Anatomy of a Murder”.Anatomy of a Murder Findlaw.com.Findlaw.com U.S. Sentencing Guidelines Manual.U.S. Sentencing Guidelines Manual Legal Research Exercises on the Web