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. Chapter 4 SLIDE 3 CRIMES AND CRIMINAL BEHAVIOR Elements of criminal acts Duty Violation of the duty (act or omission) Criminal intent

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 Duty Have a duty to conform your conduct to the law’s requirements. Violation of Duty (breach) conduct must violate the statute. Criminal Intent Meant to commit the act or omission (different from motive)

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 CRIMINAL INTENT Vicarious criminal liability – criminal intent of an employee may be used as the requirement of criminal intent for the employer (officer) Children may be considered incapable of forming the criminal intent necessary for crimes.

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 CHECKPOINT What three elements must be proven at trial before someone can be convicted of a crime?     

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 CLASSIFICATIONS OF CRIMES Felony Misdemeanor

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 CHECKPOINT Name the two categories of crimes classified by the severity of their potential sentences.     

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. Chapter 4 SLIDE 9 BUSINESS-RELATED CRIMES Larceny Receiving stolen property False pretenses Forgery Bribery Computer crime Extortion Conspiracy Arson

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 CHECKPOINT Name three types of business-related crimes.     

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 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

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 RIGHTS AND RESPONSIBILITIES Rights of the accused Responsibility for the criminal conduct of others

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. Substantive Defenses Self-defense – use of force reasonably necessary to the victim to prevent death, serious bodily harm, rape, or kidnapping (extends to members of one’s family and household and to others whom one has a legal duty to protect). Only non-deadly force may be used to protect or recover property. Chapter 4 SLIDE 13

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. Substantive Defenses Criminal insanity – due to a verifiable mental disease or defect, the accused does not know the difference between right and wrong. If criminally insane, there is no criminal intent and therefore no crime. Chapter 4 SLIDE 14

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. Substantive Defenses Immunity – freedom from prosecution even when one has committed the crime charged. Contempt of court is action that hinders the administration of justice. 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. Chapter 4 SLIDE 16 CHECKPOINT What constitutional rights would you have if you were accused of a crime?     

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 DEFENSES TO CRIMINAL CHARGES Procedural defenses Substantive defenses

18. 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 18 CHECKPOINT Name the two defense categories and give an example of each.     

19. 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 19 PUNISHMENTS FOR CRIMES Fines Imprisonment Execution

20. 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 20 CHECKPOINT What is the purpose of punishment for a crime?     

21. 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 21 PROCEDURE FOR A CRIMINAL TRIAL Pre-trial criminal procedure Preparation for trial Procedure at trial

22. 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 22 CHECKPOINT What types of challenges can be used by the defense and prosecution to dismiss unwanted potential jurors?     

23. 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 23 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.