LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 5 Slide 1 Our Criminal Laws Criminal Law Criminal Procedure CHAPTER 5 Lessons

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 5 Slide 2 Criminal Law Define the elements present in all crimes Describe crimes that commonly occur in the business environment LESSON 5-1 GOALS

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 5Slide 3 WHAT ARE CRIMES? CRIME- punishable offense against society Elements of a crime Criminal conduct

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 5Slide 4 ELEMENTS OF A CRIME Duty - to do or not to do a certain thing Violation of the duty – (criminal act) Criminal intent – (required in most cases) Intended to commit the act Intended to do evil

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 5Slide 5 Davis (chief accountant) Juggled books and took $35,000 belonging to credit union Auditors discovered – Davis paid back with interest Has she committed a crime despite the repayment?

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 5Slide 6 Owed duty (defined by statute) Act – took money The criminal conduct of taking another’s property or money by a person to whom it has been entrusted EMBEZZLEMENT Intent – intended to do evil

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 5Slide 7 Criminal Law

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 5Slide 8 CRIMINAL CONDUCT Criminal conduct may be classified as follows: Crimes against a person Crimes against property Crimes against the government and administration of justice Crimes against public peace and order Crimes against realty Crimes against consumers Crimes against decency

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 5Slide 9 Criminal Intent w/Corporations Can a corporation form criminal intent? Yes If corporation’s employees have criminal intent – employer may be judged to have criminal intent If employees are carrying out assigned duties and the criminal act benefits the organization

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 5Slide 10 Criminal Intent w/Corporations When a corporate employee commits a crime, can officers be held responsible? Yes - doctrine of VICARIOUS CRIMINAL LIABILITY Vicarious - substituted

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 5Slide 11 Criminal Intent w/Corporations President of company is aware of dangerous working conditions and does nothing. Supervisor fails to take safety precautions and worker is killed. President  possible homicide charges.

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 5Slide 12 Intent / Age 14 years + presumed to know right/wrong 7-14 has to be proven age of criminal liability Insane - incapable of intent Not relieved for involuntary intoxication/drug use

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 5Slide 13 EXAMPLES OF CRIMES AGAINST A PERSON Assault and battery Kidnapping Murder Rape

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 5Slide 14 EXAMPLES OF CRIMES AGAINST PROPERTY Embezzlement Theft Robbery

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 5Slide 15 EXAMPLES OF CRIMES AGAINST THE GOVERNMENT AND ADMINISTRATION OF JUSTICE Perjury Tax evasion Treason

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 5Slide 16 EXAMPLES OF CRIMES AGAINST PUBLIC PEACE AND ORDER Disorderly conduct Illegal speeding Rioting

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 5Slide 17 EXAMPLES OF CRIMES AGAINST REALTY Arson Burglary Criminal trespass

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 5Slide 18 EXAMPLES OF CRIMES AGAINST CONSUMERS Fraudulent sale of securities Violation of pure food and drug laws

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 5Slide 19 EXAMPLES OF CRIMES AGAINST DECENCY Bigamy Obscenity Prostitution

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 5Slide 20 CLASSIFICATION OF CRIMES Felony Misdemeanor

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 5Slide 21 Felonies / Misdemeanors

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 5Slide 22 FELONY A felony is 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—or even death.

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 5Slide 23 EXAMPLES OF FELONIES Arson Burglary Embezzlement Forgery Kidnapping Murder Perjury Rape Robbery Theft of large sums

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 5Slide 24

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 5Slide 25

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 5Slide 26 MISDEMEANOR A misdemeanor is a less serious crime. It is usually punishable by confinement in a county or city jail for less than one year, by fine, or both. Examples of misdemeanors include disorderly conduct and speeding

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 5Slide 27 INFRACTION Some states classify lesser misdemeanors as infractions. A person convicted of an infraction can only be fined. Because there is no risk of being jailed, the defendant is not entitled to a jury trial. Examples include littering and parking violations.

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 5Slide 28 BUSINESS-RELATED CRIMES Larceny Receiving stolen property False pretenses Forgery Bribery Computer crime Extortion Conspiracy Arson

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 5Slide 29 White-collar crimes Offenses committed in the business world are referred to as white-collar crimes Don’t involve force or violence Do not cause injury to people Do not cause physical damage to property

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 5Slide 30 Antitrust Laws State that competing companies may not cooperate in fixing prices or in dividing sales regions Require that business business firms compete with one another

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 5Slide 31 Larceny (robbery) The taking of property from another’s person or immediate presence, against the victim’s will, by force or by causing fear

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 5Slide 32 Larceny (burglary) Entering a building without permission when intending to commit a crime

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 5Slide 33 False pretenses When one who obtains money or other property by lying about a past or existing fact Differs from larceny because the victim parts with the property voluntarily A type of fraud

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 5Slide 34 Forgery Falsely making or materially altering to defraud another Most commonly found on checks when one signs another’s name without permission to do so

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 5Slide 35 Bribery Unlawfully offering or giving anything of value to influence performance of an official Soliciting or accepting the bribe is also criminal

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 5Slide 36 Computer crime Larceny when stealing computer data is harder to prosecute Courts conclude that there is not a “taking” of personal property if the data is copied and deleted

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 5Slide 37 Extortion Commonly known as blackmail Obtaining money or other property from a person by wrongful use of force, fear, or the power of office The extortionist may threaten to inflict bodily damage Exposing an embarrassing fact

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 5Slide 38 Conspiracy An agreement between two or more persons to commit a crime Usually agreement is secret The conspiracy is a crime separate from the crime parties planned to commit Crime could be a felony or a misdemeanor

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 5Slide 39 Arson The willful and illegal burning of a building Occurs when someone intentionally starts a fire and burns a structure without the owner’s consent

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 5 Slide 40 Criminal Procedure Know the rights a person has when arrested Recognize a person’s potential criminal liability for the actions of others Understand the justifiability of the common defenses to criminal charges LESSON 5-2 GOALS

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 5Slide 41 Constitutional Rights Authors of our Constitution believed it was better for society to give individuals too much liberty than to allow the government too much power. Probable Cause - a reasonable ground for belief

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 5Slide 42 Agree / Not Agree During a routine traffic stop of a small truck for speeding, an officer became suspicious of the cargo the truck contained due to a smell coming from inside. When his request to search the truck was refused, the officer radioed for the assistance of a drug dog. Unfortunately, the dog was unavailable.

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 5Slide 43 Agree / Not Agree Finally, he ordered the driver to open the cargo area. When the driver did so, the officer found more than a ton of marijuana. At trial, the defense attorney maintained that it was an illegal search and seizure and that the marijuana should not be allowed to be used as evidence.

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 5Slide 44 Agree / Not Agree Search was deemed unreasonable as it lacked probable cause  marijuana could not be used as evidence

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 5Slide 45 Rights Convict a person of a crime – evidence must establish guilt “beyond a reasonable doubt” Right to a trial by jury -- prosecutor or defendant can request Guilty Verdict -- only if all jurors vote to convict

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 5Slide 46 Rights - “beyond a reasonable doubt”

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 5Slide 47 Right to a trial by jury

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 5Slide 48 RIGHTS AND RESPONSIBILITIES Rights when arrested Due process (probable cause) Representation by a lawyer (private /court- appointed) Responsibility for the criminal conduct of others Accomplice – knowingly aids in the commission of crime (also guilty of criminal wrongdoing)

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 5Slide 49 RIGHTS & RESPONSIBILITIES – Miranda Rights

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 5Slide 50 DEFENSES TO CRIMINAL CHARGES DEFENSE – a legal position taken by an accused to defeat the charges against him/her Procedural defenses – based on problems with the way evidence is obtained or the way an accused person is arrested, questioned, tried or punished confessing to a crime because of police threats

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 5Slide 51 DEFENSES TO CRIMINAL CHARGES Substantive defenses – disprove, justify, or excuse the alleged crime Alibi Self defense – only non-deadly force if reasonable sufficient Criminal insanity – know right from wrong Immunity – freedom from prosecution even when one has committed the crime

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 5Slide 52 Criminal Insanity

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 5Slide 53 Contempt of Court – action that hinders the administration of justice  crime punishable by imprisonment

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 5Slide 54 PUNISHMENTS FOR CRIMES A penalty provided by law and imposed by a court is called a punishment. The purpose is not to remedy the wrong but rather to discipline the wrongdoer.

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 5Slide 55 PLEA BARGAINING Plea bargaining is when an accused person agrees to plead guilty to a less serious crime in exchange for having a more serious charge dropped. When plea bargaining the accused gives up the right to a public trial to avoid the risk of greater penalty if convicted.

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 5Slide 56 PLEA BARGAINING