Part 2 Crimes and Torts Ch. 5 Crimes Ch. 6 Intentional Torts Ch. 7 Negligence and Strict Liability Ch. 8 Intellectual Property and Unfair Competition

5 Chapter Five Crimes

Role of Criminal Law Nature of Crime- Public Wrong vs. Tort Classifications Felony Misdemeanor

Criminal Sanctions Deterrence Rehabilitation- Incapacitation Special General Rehabilitation- Incapacitation Retribution

Essentials of Crime Violate Criminal Statute Prove Beyond Reasonable Doubt Prove Capacity and Criminal Intent

Constitutional Limitations Ex Post Facto Right of Privacy Due Process

Freedom of Speech Unconstitutional Communications Decency Act(1996) Child Online Protection Act Child Pornography Prevention Act (1996)

Criminal Prosecutions Booking Initial Appearance Preliminary Hearing Probable Cause Charge Information Indictment Arraignment

Constitutional Safeguards 4th Amendment- Exclusionary Rule 5th Amendment- Due Process Testimonial Self-Incrimination Double Jeopardy USA Patriot Act (2001) 6th Amendment- Elements of Trial

Corporate Crimes Organizational Mens Rea New Directions

Corporate Criminal Liability Corp. Liability- Employee acted within scope of employment for benefit of corp. Problems in Punishment

Corp. Crime- Individual Liability Personal Criminal Liability Problems with Individual Liability- Strict Liability

White Collar Crimes Regulatory Offenses Fraudulent Acts (2002) Bribery/Illegal Gratuities RICO (1970)- Criminal vs. Civil Foreign Corrupt Practices Act(1977) Computer Crime