Chapter 7

 A violation of a statute for which the government imposes a punishment  Penal code: A collection of criminal statutes  Regulatory statutes: Statutes such as environmental laws, securities laws, and antitrust laws that provide for criminal violations and penalties  Punishment for a crime  Fine  Imprisonment  Other forms of punishment 7-2 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

 It is imposed to  Incapacitate the criminal so he or she will not harm others in society  Provide a means to rehabilitate the criminal  Deter others from similar conduct  Inhibit personal retribution by the victim 7-3 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

 The government is the plaintiff  Represented by a prosecutor  The accused is the defendant  Represented by a defense attorney  If the accused cannot afford a private defense lawyer, the government will provide one free of charge  Often called a public defender 7-4 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

ClassificationDescription FelonyThe most serious kinds of crimes. They are mala in se (inherently evil) and are usually punishable by imprisonment. MisdemeanorCrimes that are less serious than felonies. They are mala prohibita (prohibited by society) and are usually punishable by fine and/or imprisonment for less than 1 year. ViolationCrimes that are neither felonies nor misdemeanors. Violations are generally punishable by a fine 7-5 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

 A crime that requires the defendant to be found guilty of committing a criminal act (actus reus) with criminal intent (mens rea)  Actus reus: “Guilty act”—the actual performance of a criminal act  Mens rea: “Evil intent”—the possession of the requisite state of mind to commit a prohibited act 7-6 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

 Specific intent crime: A crime that requires that the perpetrator intended to achieve a specific result from his or her illegal act  General intent crime: A crime that requires that the perpetrator either knew or should have known that his or her actions would lead to harmful results  Nonintent crime: A crime that imposes criminal liability without a finding of mens rea (intent) 7-7 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

Arrest Indictment or information ArraignmentPlea bargainCriminal trial 7-8 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

 Arrest warrant: A document for a person’s detainment based on a showing of probable cause that the person committed a crime  Probable cause: Evidence of the substantial likelihood that a person either committed or is about to commit a crime  Warrantless arrest: An arrest that is made without obtaining an arrest warrant  The arrest must be based on probable cause and a showing that it was not feasible to obtain an arrest warrant 7-9 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

 Indictment  The charge of having committed a crime (usually a felony), based on the judgment of a grand jury  Information  The charge of having committed a crime (usually a misdemeanor), based on the judgment of a judge (magistrate) 7-10 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

 A hearing during which the accused is brought before a court and is:  Informed of the charges against him or her  Asked to enter a plea  Nolo contendere  The accused agrees to the imposition of a penalty but does not admit guilt 7-11 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

 An agreement in which the accused admits to a lesser crime than charged  In return, the government agrees to impose a lesser sentence than might have been obtained had the case gone to trial  The government engages in plea bargaining to:  Save costs  Avoid the risks of a trial  Prevent further overcrowding of prisons 7-12 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

 All jurors must unanimously agree before the accused is found guilty of the crime charged  The following rules apply after trial  If the defendant is found guilty, he or she may appeal  If the defendant is found not guilty, the government cannot appeal  If the jury cannot come to a unanimous decision about the defendant’s guilt one way or the other, the jury is considered a hung jury 7-13 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

 A jury that cannot come to a unanimous decision about the defendant’s guilt  In the case of a hung jury, the government may choose to retry the case 7-14 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

ClassificationDescription MurderThe unlawful killing of a human being by another with malice aforethought—the element of mens rea (guilty mind) RobberyThe taking of personal property from another person by the use of fear or force BurglaryThe taking of personal property from another’s home, office, or commercial or other type of building LarcenyThe taking of another’s personal property other than from his or her person or building 7-15 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

ClassificationDescription TheftSome states have dropped the distinction among the crimes of robbery, burglary, and larceny, and group these crimes under the general crime of theft. Most of these states distinguish between grand theft and petit theft. Receiving stolen property A crime that involves (1) knowingly receiving stolen property and (2) intending to deprive the rightful owner of that property. ArsonThe willful or malicious burning of a building Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

 A type of crime that is prone to being committed by businesspersons  Forgery: The fraudulent making or alteration of a written document that affects the legal liability of another person  Embezzlement: The fraudulent conversion of property by a person to whom that property was entrusted 7-17 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

 A crime in which one person gives another person money, property, favors, or anything else of value for a favor in return  A bribe is often referred to as a payoff or kickback  Extortion (blackmail): A threat to expose something about another person unless that other person gives money or property 7-18 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

 A crime that involves obtaining title to property through deception or trickery  Also called false pretenses or deceit  Mail fraud and wire fraud  The use of mail or wires to defraud another person 7-19 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

 Money Laundering Control Act: A federal statute that makes it a crime to  Knowingly engage in a money transaction through a financial institution involving property from an unlawful activity worth more than $10,000  Knowingly engage in a financial transaction involving the proceeds of an unlawful activity 7-20 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

 A federal act that provides for both criminal and civil penalties for racketeering  Criminal RICO  Makes it a federal crime to acquire or maintain an interest in, use income from, or conduct or participate in the affairs of an enterprise through a pattern of racketeering activity  Civil RICO  Persons injured by a RICO violation can bring a private civil RICO action against the violator to recover for injury to business or property 7-21 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

 A crime in which two or more persons enter into an agreement to commit a crime and an overt act is taken to further the crime  Charges are brought by the government if  The defendants have been thwarted in their efforts to commit the substantive crime  There is insufficient evidence to prove the substantive crime  Cyber crime: A crime that is committed using computers, , the Internet, or other electronic means 7-22 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

 Protection granted by the Fourth Amendment for people to be free from unreasonable search and seizure by the government  Search warrant: A warrant issued by a court that authorizes the police to search a designated place for specified contraband, articles, items, or documents  A search warrant must be based on probable cause 7-23 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

 Evidence obtained from an unreasonable search and seizure can generally be prohibited from introduction at a trial or an administrative proceeding against the person searched  Searches of business premises  The government does not have the right to search business premises without a search warrant ▪ However, certain hazardous and regulated industries are subject to warrantless searches if proper statutory procedures are met 7-24 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

 The Fifth Amendment provision that  A person may not be required to be a witness against himself or herself in a criminal case  Miranda rights  Rights that a suspect must be informed of before being interrogated  Ensures that the suspect will not unwittingly give up his or her Fifth Amendment right 7-25 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

 A client can tell his or her lawyer anything about the case without fear that the attorney will be called as a witness against the client  Other privileges have been recognized by the Fifth Amendment  Psychiatrist/psychologist–patient privilege  Priest/rabbi/minister/imam–penitent privilege  Spouse-spouse privilege  Parent-child privilege 7-26 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

 The government’s agreement not to use against a person granted immunity any evidence given by that person  Other constitutional protections  Double Jeopardy Clause: A clause of the Fifth Amendment that protects persons from being tried twice for the same crime 7-27 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

 The rights include  To be tried by an impartial jury of the state or district in which the alleged crime was committed  To confront (cross-examine) the witnesses against the accused  To have the assistance of a lawyer  To have a speedy trial  The Eighth amendment – protects criminal defendants against cruel and unusual punishment 7-28 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

7-29 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.