Presentation on theme: "Business Law and the Regulation of Business Chapter 6: Criminal Law"— Presentation transcript:
1 Business Law and the Regulation of Business Chapter 6: Criminal Law ByRichard A. Mann&Barry S. Roberts
2 Topics Covered in this Chapter A. Nature of CrimesB. White-Collar CrimeC. Crimes Against BusinessD. Defenses to CrimesE. Criminal Procedure
3 Nature of CrimesDefinition – any act or omission forbidden by public law.Essential ElementsActus Reus – wrongful or overt act.Mens Rea – criminal intent or mental fault.ClassificationFelony – a serious crime.Misdemeanor – a less serious crime.
4 Degrees of Mental Fault TypeFault RequiredExamplesSubjective FaultPurposefulLarcenyKnowingEmbezzlementRecklessCareless DrivingObjective FaultNegligentCarelessIssuing bad check (some states)Liability without FaultNoneSale of alcohol to minorSale of adulterated food
5 LiabilityVicarious Liability – liability imposed for acts of employees if the employer directed, participated in, or approved of the acts.Liability of a Corporation – under certain circumstances a corporation may be convicted of crimes and punished by fines.
6 White-Collar CrimeDefinition – nonviolent crime involving deceit, corruption, or breach of trust.Computer Crime – use of a computer to commit a crime.Racketeer Influenced and Corrupt Organizations Act (RICO) – federal law intended to stop organized crime from infiltrating legitimate businesses.
7 Crimes Against Business Larceny – trespassory taking and carrying away of personal property of another with the intent to deprive the victim permanently of the property.Embezzlement – taking of another's property by a person who was in lawful possession of the property.False Pretenses – obtaining title to property of another by means of representation one knows to be materially false; made with intent to defraud.
8 Crimes Against Business Robbery – committing larceny with the use or threat of force.Burglary – under most modern statutes, an entry into a building with the intent to commit a felony.Extortion – making threats to obtain money or property.
9 Crimes Against Business Bribery – offering money or property to a public official to influence the official's decision.Forgery – intentional falsification of a document to defraud.Bad Checks – knowingly issuing a check without funds sufficient to cover the check.
10 Defenses to CrimesDefense of Person or Property – individuals may use reasonable force to protect themselves, other individuals, and their property.Duress – coercion by threat of serious bodily harm; a defense to criminal conduct other than murder.Mistake of Fact – honest and reasonable belief that conduct is not criminal.Entrapment – inducement by a law enforcement official to commit a crime.
11 Criminal ProcedureSteps in Criminal Prosecution – generally include arrest, booking, formal notice of charges, preliminary hearing to determine probable cause, indictment or information, arraignment, and trial.
12 Constitutional Protections Fourth Amendment – protects individuals against unreasonable searches and seizures.Fifth Amendment – protects persons against self-incrimination, double jeopardy, and being charged with a capital crime except by grand jury indictment.Sixth Amendment – provides the accused with the right to a speedy and public trial, the opportunity to confront witnesses, process for obtaining witnesses, and the right to counsel.
13 Constitutional Protection for the Criminal Defendant AmendmentProtection ConferredFourthFreedom from unreasonable search and seizureFifthDue processRight to indictment by grand jury for capital crimes*Freedom from double jeopardyFreedom from self-incriminationSixthRight to speedy, public trial by juryRight to be informed of accusationsRight to confront witnessesRight to present witnessesRight to competent counselEighthFreedom from excessive bailFreedom from cruel and unusual punishment*This right hasnotbeen applied to the States through the Fourteenth Amendment.