LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. CHAPTER 4 Criminal Law and Procedure Criminal Law Criminal Procedure

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 4 SLIDE 2 4-1Criminal 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 © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 4 SLIDE 3 CRIMES AND CRIMINAL BEHAVIOR The most fundamental characteristic of a crime is that it is a punishable offense against society Before you can be convicted of a crime, the prosecution must prove at trial three elements regarding your alleged criminal behavior Whether you had a duty imposed by criminal statute to do or not to do a certain thing Whether you performed an act or omission in violation of that duty Whether or not you had criminal intent

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 4 SLIDE 4 CRIMES AND CRIMINAL BEHAVIOR Elements of criminal acts Duty Generally, under our system everyone has a legally enforceable duty to conform his or her conduct to the law’s requirements. Prosecutors will show a judge a statute that illustrates duty owed in the case Violation of the duty The breach of duty, the specific conduct of the defendant that violates the statute, is the criminal act. Criminal intent Generally means that the defendant intended to commit the specific act or omission defined as criminal in the controlling statute They intended to commit evil Perjury: lying under oath

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 4 SLIDE 5 Vicarious Criminal Liability When a corporate employee commits a crime, can officers be held criminally responsible? Yes The officer will be held criminally liable under the doctrine of vicarious criminal liability. Vicarious means substituted The criminal intent of the employee is used as a substitute for the requirement of criminal intent for an officer Under early common law children under 7 were considered incapable of having criminal intent. Age 14 is the age at which criminal intent is deemed to be capable by statutes in most states Age 18 is the age most states fix the age of criminal liability. Generally, what is a crime for an adult is juvenile delinquency for a minor.

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 4 SLIDE 6 CHECKPOINT What three elements must be proven at trial before someone can be convicted of a crime? Duty, violation of duty, criminal intent.     

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 4 SLIDE 7 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 Murder, kidnapping, arson, etc. are examples of felonies.

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 4 SLIDE 8 CLASSIFICATIONS OF CRIMES Misdemeanor Less serious crime Punishable by confinement in a county or city jail for one year or less, by a fine of $1,000 or less, or both Crimes include disorderly conduct and speeding Some lesser misdemeanors are called infractions White collar crimes Offenses committed in the business world Do not typically involve force or violence and do not cause physical injury to people or physical damage to property Include stock fraud, not paying income taxes, etc. Ex: Antitrust laws state that competing companies may not cooperate in price fixing or in dividing sales regions.

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 4 SLIDE 9 CHECKPOINT Name the two categories of crimes classified by the severity of their potential sentences. Misdemeanor and felony     

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 4 SLIDE 10 BUSINESS-RELATED CRIMES Larceny: Wrongful taking of money or person property belonging to someone else Burglary: a type of larceny where a building is entered without permission. Receiving stolen property: Knowingly receiving stolen property consists of either receiving or buying property known to be stolen. One who receives stolen property is known as a fence. False pretenses: obtaining money or other property by lying about a past or existing fact Forgery: falsely making or materially altering a writing to defraud another. Bribery: Unlawfully offering or giving anything of value to influence performance of an official in the carrying out of his or her public or legal duties. Obscenity: A crime against decency Civil Offense: A crime against an individual but not against society

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 4 SLIDE 11 BUSINESS-RELATED CRIMES Extortion: obtaining money or other property from a person by wrongful use of force, fear, or the power of office. Conspiracy: an agreement between two or more persons to commit a crime Arson: the willful and illegal burning or exploding of a building.

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 4 SLIDE Criminal Procedure GOALS Know the rights people have when arrested and their potential criminal liability for the action of others Name and describe the two types of defenses to criminal charges Understand appropriate punishment for crimes Explain the steps in criminal procedure

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 4 SLIDE 13 RIGHTS AND RESPONSIBILITIES Rights of the accused The right to be represented by a lawyer The right to be subject to arrest only when there is probable cause (a reasonable ground for belief) The right to refuse to testify against oneself A Miranda warning must be issued must be issued to all accused Any evidence or confession given by a suspect not properly read his or her right cannot be used against them at trial. Responsibility for the criminal conduct of others A person who knowingly aids another in the commission of a crime is guilty of wrongdoing.

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 4 SLIDE 14 CHECKPOINT What constitutional rights would you have if you were accused of a crime? Anything in the Miranda warning     

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 4 SLIDE 15 DEFENSES TO CRIMINAL CHARGES Procedural defenses: based on problems with the way evidence is obtained or the way an accused person is arrest, questioned, tried, or punished. Ex: a defendant who had confessed to a crime might say that she signed the confession only because she was threatened by the police. Substantive defenses: disprove, justify, or excuse the alleged crime. Ex: self defense: the use of force that appears to be reasonably necessary to the victim to prevent death, serious bodily harm, rape, or kidnapping.

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 4 SLIDE 16 DEFENSES TO CRIMINAL CHARGES Immunity: freedom from prosecution even when one has committed the crime charged. A witness who refuses to testify after the grant of immunity is in contempt of court. Contempt of court: the action that hinders the administration of justice. Punishable by imprisonment

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 4 SLIDE 17 DEFENSES TO CRIMINAL CHARGES An accused person may agree to plead guilt to a less serious crime in exchange for having a more serious crime charge dropped. This is called a plea bargain

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 4 SLIDE 18 CHECKPOINT Name the two defense categories and give an example of each.     

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 4 SLIDE 19 PUNISHMENTS FOR CRIMES Fines Imprisonment Execution

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 4 SLIDE 20 PROCEDURE FOR A CRIMINAL TRIAL Pre-trial criminal procedure An indictment is a written accusation declaring that there is sufficient evidence to try the identified individual for a specific crime. A grand jury is the group of citizen selected to hear, in secret, the evidence of alleged crimes. Once the defendant has been arrested, he or she is brought before the court in a proceeding called an arraignment, during which formal charges are read.

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 4 SLIDE 21 PROCEDURE FOR A CRIMINAL TRIAL Pre-trial criminal procedure If the defendant pleads guilty then the court begins determining the appropriate punishment for the crime If the plea is not guilty, the defendant may elect to have a preliminary hearing, at which the evidence against them is presented to the court so it mat determine whether there is sufficient cause to hold the defendant for trial.

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 4 SLIDE 22 PROCEDURE FOR A CRIMINAL TRIAL Pre-trial criminal procedure At the arraignment the court will also determine whether the suspect shall be kept in jail or released on bail Bail is a sum of money or property deposited or pledged to guarantee that the arrested person will appear for a preliminary hearing or trial.

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 4 SLIDE 23 PROCEDURE FOR A CRIMINAL TRIAL Preparation for trial Prosecution and defense begin finding evidence for their cases Both sides may obtain a subpoena This is a command to an individual to appear and testify or produce documents or other evidence in his or her possession.

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 4 SLIDE 24 PROCEDURE FOR A CRIMINAL TRIAL Procedure at trial The prosecutor and defense must agree on a set of jurors. (typically 12). The preliminary exam of potential jurors, referred to as voir dire, is to determine their ability to judge ably and impartially the matter to be placed before them.

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 4 SLIDE 25 PROCEDURE FOR A CRIMINAL TRIAL Procedure at trial Attorneys from each side begin the trial with opening statements. Evidence and testimony are then presented to the court. The side calling the witness conducts the direct examination of the witness. The opposing side may then question the witness in what is called the cross examination.

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 4 SLIDE 26 PROCEDURE FOR A CRIMINAL TRIAL Procedure at trial Once the evidence has been presented both attorneys give their closing remarks. The judge then instructs the jurors to determine the ruling on the case. The alleged crime must be shown by the evidence beyond a reasonable doubt in order for the jury to convict the defendant. Generally, all jurors must vote for a conviction before a person can be convicted of a crime.