Business Law Mr. Smith

CRIMINAL LAW A crime is a punishable offense against ________________ or the public It disrupts the __________________ we depend on for civilization to work Punishments: fine, __________________ or execution

CIVIL LAW When the _____________ legal rights of an individual are violated When 1 person has the right to ______ another person Punishment: payment of $$$$

ELEMENTS OF A CRIME A duty to do or not to do a certain act State statutes prohibiting certain conduct usually describes a duty A ___________ of that duty occurs The specific conduct that violates the statute is the criminal act Criminal ____________ is present Intended to commit the act; intended to do evil

CLASSIFICATION OF CRIMINAL CONDUCT Against a _____________Assault & battery, kidnapping, rape, murder Against ______________Theft, robbery, embezzlement Against the ___________Treason, tax evasion, perjury Against public peaceRioting, disorderly conduct Against realtyBurglary, arson, criminal trespass Against ____________Fraudulent sale of securities, violation of food/drug laws Against ________________Obscenity, prostitution, bigamy

Classification of Crimes ___________ Most serious crime; murder 1+ years in state prison, $1,000+ fine, execution ___________ Less serious crime; speeding Up to 1 year in county/city jail, fine or both ___________ Least serious; parking violation Fine only

Criminal Procedure Rights When Arrested ____________ rights Due process of law Defendants are not compelled to testify against themselves Right to cross-examine witnesses in court Representation by an attorney Guilt must be proven “beyond a reasonable doubt” Trial by jury (guilty verdict must be _________________)

…continued… Responsibility for Criminal Conduct of _____________ A person who aids another person in the commission of a crime is guilty of criminal wrongdoing. Corporations can be held liable for the conduct of their employees - ____________ criminal liability

Defenses to Criminal Charges ______________ Defense - based on problem with the way evidence is obtained or the way the accused is arrested, questioned, tried or punished Example - signing a confession to a crime because the police threatened you Ignorance of the law is NOT a defense.

…continued… _____________ Defense - disprove, justify or excuse the crime Self-defense - use of force that appears to be reasonably necessary to prevent death, serious bodily harm, rape, kidnapping Criminal insanity - exists when the accused does not know the difference between right and wrong No intent means no crime

Substantive Defense (continued) _____________ - freedom from prosecution even when one has committed the crime charged A witness who refused to testify after a grant of immunity is in contempt of court - punishment is imprisonment Plea bargaining - agreeing to plead guilty to a less serious crime in exchange for having a more serious charge dropped