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P A R T P A R T Crimes & Torts Crimes Intentional Torts Negligence & Strict Liability Intellectual Property & Unfair Competition 2 McGraw-Hill/Irwin Business.

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Presentation on theme: "P A R T P A R T Crimes & Torts Crimes Intentional Torts Negligence & Strict Liability Intellectual Property & Unfair Competition 2 McGraw-Hill/Irwin Business."— Presentation transcript:

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2 P A R T P A R T Crimes & Torts Crimes Intentional Torts Negligence & Strict Liability Intellectual Property & Unfair Competition 2 McGraw-Hill/Irwin Business Law, 13/e © 2007 The McGraw-Hill Companies, Inc. All rights reserved.

3 Crimes PA E TR HC 5 “Wherever Law ends, Tyranny begins.” John Locke

4 Learning Objectives  The nature and elements of a crime  Constitutional limitations on criminal law  Criminal procedure  Constitutional protections  Corporate crime 5 - 4

5 Nature of Crimes  Crimes are public wrongs, classified from most serious to least serious as  Felony  Misdemeanor  Infraction  To convict a defendant, government must  Demonstrate alleged acts violated criminal statute  Prove defendant’s guilt beyond reasonable doubt  Prove defendant had criminal intent 5 - 5

6 Proof and Intent  Defendants presumed innocent until proven guilty beyond a reasonable doubt  Most serious crimes require proof of defendant’s capacity for criminal intent ( mens rea )  Incapacity recognized: intoxication, infancy, and insanity 5 - 6

7 Criminal Procedure  Arrest and booking of defendant  Arrest report filed with prosecutor  If defendant charged, complaint filed  Defendant’s initial appearance before judge  Preliminary (probable cause) hearing  If probable cause exists, formal charge – information or indictment – filed with court 5 - 7

8 Criminal Procedure  Arraignment of defendant in which defendant enters a plea  Guilty, not guilty, no contest  Defendant who pleads not guilty and faces incarceration for more than six months may choose a jury trial  Bench trial (judge only) also available 5 - 8

9 Constitutional Protections  Bill of Rights: first ten amendments to the U.S. Constitution Bill of Rights  Applies to federal government and to states through due process clause of Fourteenth Amendment  Constitutionally-protected behavior cannot be criminal 5 - 9

10 Fourth Amendment  Fourth Amendment protects persons against unreasonable and arbitrary searches and seizures (protects privacy)  General rule: warrantless searches are unreasonable (unconstitutional)  See United States v. Hall  Many Fourth Amendment cases carve out exceptions to the general rule, establishing activities that do not constitute a search

11 Warrantless Searches  Supreme Court has held that constitutional warrantless searches include:  The area within an arrestee’s immediate control  Premises police enter in hot pursuit of an armed suspect  Stop-and-frisk searches for weapons  Inventory searches of property (e.g., briefcase, automobile) in an arrestee’s possession  Consensual searches

12 The Exclusionary Rule  Exclusionary rule prevents use of evidence seized in an illegal search in a subsequent trial of the defendant Supreme Court restricts operation of the rule

13 Fifth Amendment  Fifth Amendment provides a privilege or protection against compelled testimonial self-incrimination  Practical meaning: person may remain silent if making a statement would assist government in prosecuting the person  Miranda warnings safeguard the right  Also prohibits prosecutorial comments at trial about the defendant’s failure to testify

14 Scope of Fifth Amendment  Self-incrimination privilege applies to  Testimonial admissions (non-testimonial evidence allowed, such as fingerprints, body fluids, hair)  Humans only (not corporations)  A defendant only if he/she could be charged with a crime (not merely a civil lawsuit)  Double jeopardy clause protects defendants from multiple criminal prosecutions for the same offense

15 Sixth Amendment  Applies to criminal cases by guarantees of a:  Speedy trial  Impartial jury  Right to confront and cross-examine witnesses  Right to effective assistance of counsel

16 White Collar Crimes  Under modern rule, a business organization may be liable for criminal offenses committed by employees who acted within the scope of their employment and for the benefit of the corporation

17 Specific White Collar Crimes  Regulatory offenses  Fraudulent acts  Sarbanes-Oxley Act violations Bribery and Illegal Gratuities  Racketeer Influenced and Corrupt Organizations Act (RICO) violations  Computer crime

18 Test Your Knowledge  True=A, False = B  To convict a defendant of a crime, the government must prove beyond a reasonable doubt that the defendant committed the acts  Writing an editorial using obscenities is not a crime since all speech is fully protected by the First Amendment to the Constitution  Only felonies with possibile imprisonment require proof of the defendant’s mens rea, or criminal intent

19 Test Your Knowledge  True=A, False = B  A defendant may choose one of three pleas: guilty, not guilty, and no contest  The Bill of Rights is the first dozen amendments to the Constitution  The Fourth Amendment provides a privilege from self-incrimination and double jeopardy  The Fifth Amendment protects persons against unreasonable and arbitrary searches

20 Test Your Knowledge  Multiple Choice  Sixth Amendment to the Constitution guarantees  (a)Speedy trial  (b) Right to confront and cross-examine witnesses  (c)Right to effective assistance of counsel  (d)Impartial jury  (e)All of the above

21 Test Your Knowledge  Multiple Choice  Which would not be a legal search under the Constitution?  (a)Taking bag of shredded documents from the dumpster of a suspect  (b)Aerial surveillance of a manufacturing plant  (c)Thermal imaging device to detect heat in a home  (d)A stop-and-frisk search for weapons

22 Thought Questions  What would you do if your employer asked you to do something you believed to be a crime?  What would you do if you were arrested and you were NOT guilty of any crime?


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