What two elements must exist before a person can be convicted of a crime? Can a corporation commit crimes? What two elements must exist before a person can be convicted of a crime? Can a corporation commit crimes? What are five broad categories of crimes? What is white-collar crime?  What are five broad categories of crimes? What is white-collar crime?  © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 2

What defenses might be raised by criminal defendants to avoid liability for criminal acts? What defenses might be raised by criminal defendants to avoid liability for criminal acts? What constitutional protections exist to protect a person accused of crimes? What are the basic steps in the criminal process?  What constitutional protections exist to protect a person accused of crimes? What are the basic steps in the criminal process?  © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 3

Major Differences Between Civil and Criminal Law. Major Differences Between Civil and Criminal Law. – Burden of Proof. Civil is preponderance of the evidence. Criminal is proof beyond a reasonable doubt. – Criminal Sanctions. Harsher than those applied in civil cases. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 4

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Civil Liability for Criminal Acts. Civil Liability for Criminal Acts. – Assault and Battery, can provide basis for both civil and criminal prosecution.  © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 6

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To be convicted of a crime, a person must: To be convicted of a crime, a person must: – Commit a guilty act (actus reus). – Have the guilty mind (mens rea) during commission of the guilty act.  © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 8

State of Mind. State of Mind. – Required intent (or mental state) is indicated in the applicable statute or law. – Criminal Negligence or Recklessness (unjustified, substantial and foreseeable risk that results in harm).  © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 9

State of Mind: Strict Liability and Overcriminalization. State of Mind: Strict Liability and Overcriminalization. – Federal code lists over 4,000 criminal offenses, many do not list a “mental state” for conviction. – Strict liability crimes are found in environmental, drug laws that affect public health, safety, and welfare. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 10

Corporate Criminal Liability. Corporate Criminal Liability. – A corporation itself cannot be imprisoned but can be convicted of crime through acts of its officers. – Liability of the Corporate Entity. Crime is within agent/employee’s scope of employment;  © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 11

Corporate Criminal Liability (cont’d). Corporate Criminal Liability (cont’d). – Liability of the Corporate Entity (cont’d). Corporation fails to perform a legally required duty; or Crime authorized or requested by corporate principal/officer. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 12

Corporate Criminal Liability (cont’d). Corporate Criminal Liability (cont’d). – Liability of Corporate Officers and Directors. Corporate officers and directors are personally liable for crimes they commit. They may be criminally liable for acts under the “Responsible Corporate Officer” doctrine. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 13

Violent Crime. Violent Crime. – Murder, sexual assault, rape, robbery. Property Crime. Property Crime. – Burglary, larceny, theft of trade secrets, theft of services, arson, receipt of stolen goods, forgery. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 14

White Collar Crime. White Collar Crime. – Occurs in a business context using non- violent means to obtain personal or business advantage. – Embezzlement. People v. Sisuphan CASE 6.1 People v. Sisuphan (2010). Is the intent to return stolen property a defense? © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 15

White Collar Crime (cont’d). White Collar Crime (cont’d). – Mail and Wire Fraud (federal). – Bribery. – Bankruptcy Fraud (federal). – Theft of Trade Secrets. – Insider Trading (federal). © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 16

Organized Crime. Organized Crime. – Operates illegitimately by providing illegal goods and services: Money Laundering. RICO: Government must prove a “pattern of racketeering activity” and defendant committed at least two offenses. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 17

Classification of Crimes: Classification of Crimes: – Felony: serious crimes punished by death or imprisonment for at least 1 year. – Misdemeanor: punished by fine or confinement for less than 1 year. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 18

Justifiable Use of Force. Justifiable Use of Force. – Self-Defense of People and Property: can use deadly force if reasonable belief of imminent death or serious injury; cannot use deadly force to protect property alone. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 19

Necessity. Criminal act necessary to prevent greater harm. Necessity. Criminal act necessary to prevent greater harm. Insanity. Person who suffers from mental illness may be incapable of the state of mind required for the crime.  Insanity. Person who suffers from mental illness may be incapable of the state of mind required for the crime.  © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 20

Mistake: of fact may excuse crime. Mistake: of fact may excuse crime. Duress: wrongful threat induces another to perform a criminal act. Duress: wrongful threat induces another to perform a criminal act. Entrapment. Key issue: was the defendant pre-disposed to commit the act?  Entrapment. Key issue: was the defendant pre-disposed to commit the act?  © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 21

Statute of Limitations: state must initiate criminal proceedings within statutory period of time (except for murder). Statute of Limitations: state must initiate criminal proceedings within statutory period of time (except for murder). Immunity: government grants immunity from prosecution in exchange for assistance. Immunity: government grants immunity from prosecution in exchange for assistance. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 22

U.S. Constitution provides specific safeguards for those accused of crimes at federal and state level. U.S. Constitution provides specific safeguards for those accused of crimes at federal and state level. Criminal procedures are designed to protect against the arbitrary use of power by the government.  Criminal procedures are designed to protect against the arbitrary use of power by the government.  © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 23

Fourth Amendment Protections. Fourth Amendment Protections. – Protection from unreasonable searches and seizures. – Requirement that no warrant for a search or an arrest be issued without probable cause. – CASE 6.2 U.S. v. Moon (2008). Search was constitutional because Moon voluntary allowed agents to examine the files. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 24

Fifth Amendment Protections. Fifth Amendment Protections. – Requires that no one be deprived of “life, liberty, or property without due process of law.” – Prohibits double jeopardy (trying someone twice for the same criminal offense). – Self-Incrimination.  © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 25

Protections Under the Sixth and Eighth Amendment. Protections Under the Sixth and Eighth Amendment. – Guarantees of a speedy trial, public trial by jury, right to confront witnesses, the right to a lawyer, excessive bail, cruel and unusual punishment. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 26

The Exclusionary Rule and the Miranda Rule. The Exclusionary Rule and the Miranda Rule. – Evidence obtained in violation of the Fourth Amendment is excluded from trial, including “Fruit of the Poisonous Tree.” Herring v. United States Case 6.3 Herring v. United States (2009 ). Is evidence inadmissible when seized based on mistaken belief of police? © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 27

The Exclusionary Rule and the Miranda Rule (cont’d). The Exclusionary Rule and the Miranda Rule (cont’d). – The Miranda Rule: based on U.S. Supreme Court case of Miranda v. Arizona (1966) which required police to inform suspects of their constitutional rights. – Exceptions to Miranda: public safety, certain confessions, suspect must unequivocally assert right to counsel. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 28

Arrest Booking Initial Appearance Grand JuryPreliminary Hearing IndictmentInformation Arraignment Plea Bargain Guilty PleaTrial © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 29

Federal Sentencing Guidelines. Federal Sentencing Guidelines. – Shift Away from Mandatory Sentencing. – Increased Penalties for Certain Crimes. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 30