1. 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 4-1 4-1Criminal Law 4-2 4-2Criminal Procedure

2. 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

3. 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. What is a CRIME? A punishable offense Breach of the peace Identify a domestic or foreign situation where society’s peace has been destroyed. What is the result of this situation? Chapter 4 SLIDE 3

4. 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 that must be proven at trial Duty Did you have a duty to do or not to do a certain thing? Violation of the duty Did you perform an act in violation of that duty? Criminal intent Did you have criminal intent? Shooting at High School

5. 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 CLASSIFICATIONS OF CRIMES Felony-more serious crime Punishment: State prison > than 1 year Fine > $1,000 Both death Misdemeanor-less serious crime Punishment: City/county jail < than 1 year Fine < $1,000 both 10 most wanted

6. 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 Crimes AgainstType of Crime A personAssault/battery Hate Crime Rape Kidnapping Murder PropertyTheft Robbery Embezzlement Government/administration of Justice Treason Tax Evasion Perjury Public Peace/OrderRioting Disorderly Conduct Illegal speeding RealtyBurglary Arson Criminal Trespass ConsumersFraudulent Sale of Securities Violation of Pure Food & Drug Laws DecencyBigamy Obscenity Prostitution

7. 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

8. 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 BUSINESS-RELATED CRIMES Larceny - theft Receiving stolen property - fence False pretenses - fraud Forgery – felony Bribery Computer crime Extortion - blackmail Conspiracy – agreement to commit Arson

9. 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. Top 10 White Collar Crime Cases Enron collapse Worldcom accounting scandalWorldcom accounting scandal Bernie Madoff Ponzi schemeBernie Madoff Ponzi scheme InStock trading scandalInStock trading scandal Countrywide political loan scandalCountrywide political loan scandal Adelphia collapse Tyco accounting scandalTyco accounting scandal HealthSouth accounting scandalHealthSouth accounting scandal Jack Abramoff lobbying scandalJack Abramoff lobbying scandal Marcus Schrenker fraud and attempted fake deathMarcus Schrenker fraud and attempted fake death Chapter 4 SLIDE 9

10. 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 4-2Criminal 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

11. 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 RIGHTS AND RESPONSIBILITIES Rights of the accused Fair procedures Attorney representation Trial by jury Responsibility for the criminal conduct of others Aiding and abetting

12. 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 12 DEFENSES TO CRIMINAL CHARGES Legal position taken by an accused Procedural defenses How evidence is obtained Arrest, interrogation, trial, punishment Substantive defenses Discredit the facts Self defense Criminal insanity immunity

13. 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 PUNISHMENTS FOR CRIMES Fines Imprisonment Execution

14. 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 PROCEDURE FOR A CRIMINAL TRIAL Pre-trial criminal procedure Investigation Information Indictment Arraignment Preliminary hearing bail

15. 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. Procedure continued Preparations for Trial Investigation Witnesses preparation motions Chapter 4 SLIDE 15

16. 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. Procedures continued Procedure at Trial Jury selection Opening statements Evidence is presented Closing remarks Jury instructions verdict Chapter 4 SLIDE 16

17. 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 PREVENT LEGAL DIFFICULTIES As a citizen... Work to know the law and to live within its requirements. Never intentionally do something illegal. Never misrepresent a fact to obtain the goods or services of others. Never threaten others with an illegal act to cause them to do something. If arrested, immediately contact a lawyer. Know your rights and make use of them.