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Published byAugustine Eric Hunter Modified over 9 years ago
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2 WHY WE STUDY CRIMINAL LAW IN BUSINESS COURSES: Wrongful behavior in the business world can lead to criminal prosecution against both the individual and the corporation.
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3 CIVIL LAW vs CRIMINAL LAW Civil law concerns the rights and liabilities between private parties. Criminal law concerns those activities that society has outlawed.
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4 FELONY V MISDEMEANOR A felony is a serious crime, with a sentence of one year or more in prison. A misdemeanor is less serious, often with a sentence of less than a year.
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5 PURPOSE OF PUNISHMENT To Punish To Restrain To Deter For Vengeance To Rehabilitate
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6 DEFINITIONS AND TERMS Outlawed Conduct Burden of Proof Actus Reus (means “the guilty act”) Mens Rea (means “guilty state of mind” General intent/Specific intent Reckless or negligent conduct Strict liability
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7 DEFENSES Insanity Two basic tests are used to determine insanity: M’Naughten Rule Irresistible Impulse Rule
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8 OTHER DEFENSES Entrapment Duress Constitutional rights
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9 CRIMES THAT HARM BUSINESS Larceny Embezzlement Fraud Computer Crime Arson
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10 COMPUTER CRIME STATUTES The Computer Fraud and Abuse Act The Access Device Fraud Act The Identity Theft and Assumption Deterrence Act The Wire and Electronic Communications Interception Act
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11 CRIMES COMMITTED BY BUSINESS Occupational Safety and Health Act RICO Money Laundering
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12 THE CRIMINAL PROCESS Notification to police Warrant Probable cause Search and Seizure Arrest Warrant Arrest
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13 THE CRIMINAL PROCESS (cont’d) Bail Hearing Indictment Arraignment Discovery Motion to suppress Pleas bargaining Trial and appeal
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14 FOURTH AMENDMENT Prohibits illegal searches and seizures. There are six situations in which police may search without a warrant: Plain view Stop and Frisk Emergencies Automobiles Lawful arrest Consent
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15 OTHER FOURTH AMENDMENT ISSUES Search may be unlawful Exclusionary rule The Patriot Act of 2001
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16 FIFTH AMENDMENT Due Process Double Jeopardy Self-incrimination Miranda rights
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17 EIGHTH AMENDMENT Prohibits cruel and unusual punishment
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