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Part 2 Crimes and Torts Ch. 5 Crimes Ch. 6 Intentional Torts

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Presentation on theme: "Part 2 Crimes and Torts Ch. 5 Crimes Ch. 6 Intentional Torts"— Presentation transcript:

1 Part 2 Crimes and Torts Ch. 5 Crimes Ch. 6 Intentional Torts
Ch. 7 Negligence and Strict Liability Ch. 8 Intellectual Property and Unfair Competition

2 5 Chapter Five Crimes

3 Role of Criminal Law Nature of Crime- Public Wrong vs. Tort
Classifications Felony Misdemeanor

4 Criminal Sanctions Deterrence Rehabilitation- Incapacitation
Special General Rehabilitation- Incapacitation Retribution

5 Essentials of Crime Violate Criminal Statute
Prove Beyond Reasonable Doubt Prove Capacity and Criminal Intent

6 Constitutional Limitations
Ex Post Facto Right of Privacy Due Process

7 Freedom of Speech Unconstitutional Communications Decency Act(1996)
Child Online Protection Act Child Pornography Prevention Act (1996)

8 Criminal Prosecutions
Booking Initial Appearance Preliminary Hearing Probable Cause Charge Information Indictment Arraignment

9 Constitutional Safeguards
4th Amendment- Exclusionary Rule 5th Amendment- Due Process Testimonial Self-Incrimination Double Jeopardy USA Patriot Act (2001) 6th Amendment- Elements of Trial

10 Corporate Crimes Organizational Mens Rea New Directions

11 Corporate Criminal Liability
Corp. Liability- Employee acted within scope of employment for benefit of corp. Problems in Punishment

12 Corp. Crime- Individual Liability
Personal Criminal Liability Problems with Individual Liability- Strict Liability

13 White Collar Crimes Regulatory Offenses Fraudulent Acts (2002)
Bribery/Illegal Gratuities RICO (1970)- Criminal vs. Civil Foreign Corrupt Practices Act(1977) Computer Crime


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