LS311 Business Law Wednesdays 8:00 p.m. – 9:00 p.m. January 4, 2012 – March 13, 2012 Melissa Borrelli, Esq.

Agenda Course Housekeeping Criminal Liability Assignments

Criminal Liability

Criminal Liability To be convicted of a crime, the State must show beyond a reasonable doubt that the Defendant: Performed an illegal act (actus reus) AND While performing the act, had the required intent or specific state of mind (mens rea). Without the required intent there can be no conviction.

Criminal Liability A corporation is a legal “person.” A corporation can be fined or denied legal privileges (license) for criminal activity. “Responsible Corporate Officer” Doctrine: officers and directors can be criminally liable.

Criminal Liability Violent Crimes. Crimes against persons (murder, rape). Robbery is a violent crime. Property Crimes - Most common, involves money or property: Burglary. Larceny. Receiving Stolen Goods. Arson. Forgery.

Criminal Liability White Collar Crimes: non-violent crimes involving a business transaction: Embezzlement. Bribery. Bankruptcy Fraud. Theft of Trade Secrets. Insider Trading. Mail and Wire Fraud.

Criminal Liability Organized crime generally provides illegal services and goods. Gambling, prostitution, illegal narcotics, and loan sharking, counterfeiting and credit card scams. Money laundering. RICO.

Criminal Liability

Criminal Liability Infancy (juvenile). Duress. Intoxication. Justifiable Use of Force. Insanity. Entrapment. Mistake. Statute of Limitations. Consent. Immunity.

Criminal Liability Fourth Amendment Protections. Search Warrants: Officer must have Probable Cause. Exceptions to Warrant. Search and Seizure in Businesses. Warrant required in some cases. No warrant required for contaminated food or highly regulated liquor or gun businesses.

Criminal Liability Fifth Amendment. Due Process of Law. Opportunity to Object. Hearing before a neutral Magistrate. Double Jeopardy. Person cannot be retried for the same offense in the same court. Civil action, however, is permitted. Self-Incrimination. “Right to Remain Silent” or not testify against yourself

Criminal Liability Sixth and Eighth Amendments. Right to Speedy Trial. Right to Jury Trial. Right to Public Trial. Right to Confront Witnesses. Right to Counsel. Prohibition on cruel and unusual punishment.

Criminal Liability Evidence obtained in violation of constitutional procedures must be excluded. Evidence derived from illegal evidence is “fruit of the poisonous tree.” Deters police from misconduct. Miranda Rule. Inform suspect of his rights. Exceptions: coercion, illegally obtained evidence.

Criminal Liability Do you think that criminal procedure in this country is weighed too heavily in favor of accused person? Can you think of a fairer way to balance the constitutional rights of accused persons against the right of society to be protected against criminal behavior? Should different criminal procedures be used when terrorism is involved?

Case Analysis Armington, while robbing a drugstore, shot and seriously injured Jennings, a drugstore clerk. Armington was subsequently convicted in a criminal trial of armed robbery and assault and battery. Jennings later brought a civil tort suit against Armington for damages. Armington contended that he could not be tried again for the same crime, as that would constitute double jeopardy, which is prohibited by the Fifth Amendment to the Constitution. Is Armington correct? Explain.

Writing Assignment This Unit's Assignment has you take a look at the elements that make up a crime. The following situations are similar (all involve the theft of Makoto’s laptop computer), yet they represent different crimes. Identify the three crimes, noting the differences among them.

Writing Assignment Scenario 1 While passing Makoto’s house one night, Sarah see a laptop computer left unattended on Makoto’s porch. Sarah takes the computer, carries it home, and tells everyone she owns it. Scenario 2 While passing Makoto’s house one night, Sarah sees Makoto outside with a laptop computer. Holding Makoto at gunpoint, Sarah forces him to give up the computer. Then Sarah runs away with it. Scenario 3 While passing Makoto’s house one night, Sarah sees a laptop computer on a desk near a window. Sarah breaks the lock on the front door, enters, and leaves with the computer.

Next week’s seminar Capacity Kalen is a 17-year-old minor who has just graduated from high school. He is attending a university 200 miles from home and has contracted to rent an apartment near the university for one year at $500.00 per month. He is working at a convenience store to earn enough income to be self supporting. After living in the apartment and paying monthly rent for four months, he becomes involved in a dispute with his landlord. Kalen, still a minor, moves out and returns the key to the landlord. The landlord wants to hold Kalen liable for the balance of the payments due under the lease. Discuss fully Kalen's liability in this situation.