1. 5-1Criminal Law 5-2Criminal Procedure 1Chapter 5 CHAPTER 5 Business Law Mrs. A

2. Define the elements present in all crimes Define the elements present in all crimes Describe crimes that commonly occur in the Describe crimes that commonly occur in the business environment business environment 2Chapter 5 LESSON 5-1

3. 1. Duty: to do or not to do a certain thing 2. The Breach of that Duty: specific conduct that violates a statute (a law made by a state or federal legislature) 3. Criminal Intent: the person intended to commit the act and do evil Chapter 53

4. Assault (threatening) and battery (contact) Kidnapping Murder Rape Chapter 54

5. Embezzlement Theft (Larceny)  Robbery (force)  Burglary Chapter 55

6. Perjury: Liar, Liar Tax evasion Treason: Giving away US secrets to other countries Chapter 56

7. Disorderly conduct Illegal speeding Rioting Chapter 57

8. Arson – willful illegal burning of a building Burglary - entering a building with the intent to commit a crime Criminal trespass: 1.Damage someone's property 2.Enter the property for an unlawful purpose or without authorization after receiving notice not to trespass Chapter 58

9. Fraudulent sale of securities  Bernard “Bernie” Madoff ($165 Billion)  Ponzi Scheme: an operation that pays returns to investors from their own money or money paid by subsequent investors rather than from profit ***150 Years in Jail*** Violation of pure food and drug laws Chapter 59

10. Bigamy Obscenity Prostitution Chapter 510

11. Felony Misdemeanor  Infraction Chapter 511

12. A felony is a crime punishable by: 1. State prison for more than a year 2. A fine of more than $1,000 3. Both 1 & 2 4. Death Chapter 512

13. A misdemeanor is a less serious crime. 1.County or city jail for less than one year 2.A fine 3.Both jail and a fine Examples of misdemeanors include disorderly conduct and speeding Chapter 513

14. lesser misdemeanors Some states classify lesser misdemeanors as infractions. 1.Only a fine 2.There is no risk of being jailed 3.The defendant is not entitled to a jury trial. Examples Examples include littering and parking violations. Parking Wars!!! Chapter 514

15. Larceny Receiving stolen property False pretenses Forgery Bribery Computer crime Extortion Conspiracy Arson Chapter 515

16. rights What are your rights when arrested potential criminal Recognize a person’s potential criminal liability for the actions of others liability for the actions of others Common defenses Common defenses to criminal charges 16Chapter 5 LESSON 5-2

17. Rights when arrested  Due process  Representation by a lawyer Responsibility for the criminal conduct of others (conspire, act as lookout) Vicarious Criminal Liability Criminal Case Standard: Guilty with proof beyond a reasonable doubt. (Harder to convict than a civil case) Chapter 517

18. Procedural defenses Procedural defenses – the way evidence was obtained Substantive defenses Substantive defenses - disprove, justify or excuse the alleged crime 1.Self-defense 2.Insanity – right vs. wrong 3.Immunity IGNORANCE IS NOT A DEFENSE! Chapter 518

19. A penalty provided by law and punishment imposed by a court is called a punishment. discipline the wrongdoer. The purpose is not to remedy the wrong but rather to discipline the wrongdoer. Chapter 519

20. plead guilty to a less serious crime Plea bargaining - plead guilty to a less serious crime in exchange for having a more serious charge dropped. Gives up the right to a public trial Gives up the right to a public trial Chapter 520 NO