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Law for Business and Personal Use © South-Western, a part of Cengage LearningSlide 1 Chapter 4 Criminal Law and Procedure Chapter 4 Criminal Law and Procedure.

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Presentation on theme: "Law for Business and Personal Use © South-Western, a part of Cengage LearningSlide 1 Chapter 4 Criminal Law and Procedure Chapter 4 Criminal Law and Procedure."— Presentation transcript:

1 Law for Business and Personal Use © South-Western, a part of Cengage LearningSlide 1 Chapter 4 Criminal Law and Procedure Chapter 4 Criminal Law and Procedure Criminal Law Criminal Procedure

2 Law for Business and Personal Use © South-Western, a part of Cengage LearningSlide 2 Chapter Criminal 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 © South-Western, a part of Cengage LearningSlide 3 Chapter 4 CRIMES AND CRIMINAL BEHAVIOR The most fundamental characteristic of a crime is that it is a punishable offense against society. When a crime occurs, society attempts to identify, arrest, prosecute, and punish the criminal. These efforts are designed to protect society, not the victim, of the crime. It is up to society’s chosen representatives to determine what action to take against the person who committed the crime.

4 Law for Business and Personal Use © South-Western, a part of Cengage LearningSlide 4 Chapter 4 CRIMES AND CRIMINAL BEHAVIOR Elements of criminal acts – Before you can be convicted of a crime, the prosecution, at the trial, must prove three elements regarding your behavior: Whether you had a duty to do or not do a certain thing Whether you performed an act or omission in violation of that duty Whether or not you had criminal intent

5 Law for Business and Personal Use © South-Western, a part of Cengage LearningSlide 5 Chapter 4 CRIMES AND CRIMINAL BEHAVIOR Elements of criminal acts (cont.) Duty – Generally, under our system, everyone has a legally enforceable duty to conform his/her conduct to the law’s requirements. Violation of the duty – The breach of duty is a criminal act.

6 Law for Business and Personal Use © South-Western, a part of Cengage LearningSlide 6 Chapter 4 CRIMES AND CRIMINAL BEHAVIOR Elements of criminal acts (cont.) Criminal intent – Criminal intent generally means that the defendant intended to commit the specific act or omission defined as criminal in the controlling statute. Note that intent and motive are separate in the eyes of the law. Intent refers strictly to the state of mind that must be present concurrently with the alleged criminal act or failure to act. Motive refers to what specifically drives a person to act or refrain from doing so.

7 Law for Business and Personal Use © South-Western, a part of Cengage LearningSlide 7 Chapter 4 CRIMES AND CRIMINAL BEHAVIOR Elements of criminal acts (cont.) Criminal intent creates two issues related to corporations: Can a corporation, which is an organization, form criminal intent the way humans can? The answer is, “yes.” When a corporate employee commits a crime, can officers be held criminally responsible? The answer is often, “yes” under the doctrine of vicarious criminal liability. This means, the criminal intent is used as a substitute for the requirement of criminal intent for an officer.

8 Law for Business and Personal Use © South-Western, a part of Cengage LearningSlide 8 Chapter 4 CRIMES AND CRIMINAL BEHAVIOR Elements of criminal acts (cont.) Criminal intent is also related to age. Under early common law, children under 7 were considered incapable of forming the criminal intent necessary for crimes. Those over 14 were presumed capable for responsible for adult acts. For children 7 to 14, such ability had to be proven. Today, statues in most state fix the age of criminal liability at 18, but the figure ranges from 16 to 19. Generally, what is a crime for an adult is juvenile delinquency for a minor.

9 Law for Business and Personal Use © South-Western, a part of Cengage LearningSlide 9 Chapter 4 CRIMES AND CRIMINAL BEHAVIOR Elements of criminal acts (cont.) Criminal intent is also related to mental capacity (ability to know the difference between right and wrong). Insane persons are not held responsible for their criminal acts. People who voluntarily become intoxicated or drugged are held responsible. Some minor crimes, such as traffic offenses, do not require the element of criminal intent.

10 Law for Business and Personal Use © South-Western, a part of Cengage LearningSlide 10 Chapter 4 What three elements must be proven at trial before someone can be convicted of a crime?

11 Law for Business and Personal Use © South-Western, a part of Cengage LearningSlide 11 Chapter 4 CLASSIFICATIONS OF CRIMES Felony – A felony is a crime punishable by confinement for more than a year in a state prison or by a fine of more than $1,000, or both—or even death. Murder, kidnapping, arson, rape, robbery, burglary, embezzlement, forgery, theft of large sums, and perjury are examples of felonies.

12 Law for Business and Personal Use © South-Western, a part of Cengage LearningSlide 12 Chapter 4 CLASSIFICATIONS OF CRIMES Misdemeanors – A misdemeanor is a less serious crime. It is usually punishable by confinement in a county or city jail one year or less, by a fine of $1,000 or less, or both. Disorderly conduct and speeding are examples of misdemeanors. Some states classify lesser misdemeanors as infractions. These result in fines only, and the defendant charged is not entitled to a jury trial. Examples include parking violations and littering.

13 Law for Business and Personal Use © South-Western, a part of Cengage LearningSlide 13 Chapter 4 Name the two categories of crimes classified by the severity of their potential sentences.

14 Law for Business and Personal Use © South-Western, a part of Cengage LearningSlide 14 Chapter 4 BUSINESS-RELATED CRIMES Offenses committed in the business world typically are referred to as white-collar crimes. These crimes do not involve force or violence and do not cause physical injury to people or damage to property. Courts tend to be more lenient with white-collar criminals. Punishments include fines or short prison sentences.

15 Law for Business and Personal Use © South-Western, a part of Cengage LearningSlide 15 Chapter 4 BUSINESS-RELATED CRIMES Larceny – Larceny, commonly known as theft, is the wrongful taking of money or personal property belonging to someone else, with intent to deprive the owner of it. Robbery and burglary are variations of larceny Robbery is the taking of property from another’s person or immediate presence, against the victim’s will, by force, or by causing fear. Burglary is entering a building without permission when intending to commit a crime.

16 Law for Business and Personal Use © South-Western, a part of Cengage LearningSlide 16 Chapter 4 BUSINESS-RELATED CRIMES Larceny may be either a felony or misdemeanor. The classification is determined by the value of the property stolen and other circumstances. Robbery and burglary are always felonies. A thief who sells the stolen goods is guilty of a separate crime of selling stolen property. Receiving Stolen Property – Knowingly receiving stolen property consists of either receiving or buying property known to be stolen, with intent to deprive the rightful owner of the property. One who receives stolen property is known as a fence.

17 Law for Business and Personal Use © South-Western, a part of Cengage LearningSlide 17 Chapter 4 BUSINESS-RELATED CRIMES False pretenses – One who obtains money or other property by lying about a past or existing fact is guilty of false pretenses. This is a type of fraud. Forgery – Forgery is falsely making or materially altering a writing to defraud another. Bribery – Bribery is unlawfully offering or giving anything of value to influence performance of an official in the carrying out of his or her public or legal duties. The federal Foreign Corrupt Practices Act of 1977 prohibits most instances of bribery in foreign countries by US companies.

18 Law for Business and Personal Use © South-Western, a part of Cengage LearningSlide 18 Chapter 4 BUSINESS-RELATED CRIMES Computer Crime – The computer revolution has created a range of problems for criminal law. In response, the federal and state governments have created new criminal laws specifically targeting computer-related crimes. Extortion – Extortion (commonly called blackmail) is obtaining money or other property from a person by wrongful use of force, fear, or the power of office.

19 Law for Business and Personal Use © South-Western, a part of Cengage LearningSlide 19 Chapter 4 BUSINESS-RELATED CRIMES Conspiracy – An agreement by two or more persons to commit a crime is called conspiracy. The conspiracy is a crime separate from the crime the parties planned to commit. This crime may be a felony or misdemeanor. Arson – Arson is the willful and illegal burning or exploding of a building. Arson occurs when someone intentionally starts a fire or causes an explosion that damages or destroys a building or other property without the owner’s consent. In some states, it is arson if you burn your own building to defraud an insurer.

20 Law for Business and Personal Use © South-Western, a part of Cengage LearningSlide 20 Chapter 4 Name the types of business-related crimes.

21 Law for Business and Personal Use © South-Western, a part of Cengage LearningSlide 21 Chapter Criminal 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

22 Law for Business and Personal Use © South-Western, a part of Cengage LearningSlide 22 Chapter 4 RIGHTS AND RESPONSIBILITIES Rights of the accused Due process requires fundamental fairness in governmental actions. Fair procedures during an investigation May not be compelled to testify against self Evidence cannot be developed by unreasonable searches and seizures. There must be probable cause, or a reasonable ground for belief.

23 Law for Business and Personal Use © South-Western, a part of Cengage LearningSlide 23 Chapter 4 RIGHTS AND RESPONSIBILITIES Rights of the accused (cont.) Right to be represented by a lawyer. State will provide lawyer for person who can’t afford one. Evidence must establish guilt with proof “beyond a reasonable doubt.” Trial by jury In criminal jury trials, the defendant usually is found guilty only if all the jurors vote to convict.

24 Law for Business and Personal Use © South-Western, a part of Cengage LearningSlide 24 Chapter 4 RIGHTS AND RESPONSIBILITIES Responsibility for the criminal conduct of others Person who knowingly aids another in the commission of a crime also is guilty of criminal wrongdoing. One who plans a crime, or otherwise intentionally helps, is guilty of the same crime. Corporations can be held vicariously liable for conduct of employees. Officers of corporation may be criminally liable for actions of managers.

25 Law for Business and Personal Use © South-Western, a part of Cengage LearningSlide 25 Chapter 4 What constitutional rights would you have if you were accused of a crime?

26 Law for Business and Personal Use © South-Western, a part of Cengage LearningSlide 26 Chapter 4 DEFENSES TO CRIMINAL CHARGES To insure the fair application of laws, a criminal defendant may often be able to avoid conviction in court by the use of one or more defenses. In criminal law, a defense is a legal position taken by an accused to defeat the charges against him or her. In court, the state must prove that the defendant is guilty beyond a reasonable doubt.

27 Law for Business and Personal Use © South-Western, a part of Cengage LearningSlide 27 Chapter 4 DEFENSES TO CRIMINAL CHARGES Procedural defenses are based on problems with the way evidence is obtained or the way an accused person is arrested, questioned, tried, or punished. Ignorance of the law is not a defense.

28 Law for Business and Personal Use © South-Western, a part of Cengage LearningSlide 28 Chapter 4 DEFENSES TO CRIMINAL CHARGES Substantive defenses disprove, justify, or excuse the alleged crime. Most substantive defenses discredit the facts that the state sought to establish. Self-defense is the use of the force that appears to be reasonably necessary to the victim to prevent death, serious bodily harm, rape, or kidnapping. This defense also extends to members of one’s family and household and to others whom one has a legal duty to protect.

29 Law for Business and Personal Use © South-Western, a part of Cengage LearningSlide 29 Chapter 4 DEFENSES TO CRIMINAL CHARGES Substantive defenses (cont.) Self-defense (cont.) Cannot use deadly force if non-deadly force seems reasonable. Only non-deadly force may be used to protect or recover property. May not set deadly traps to protect unoccupied buildings. Civilian may not shoot a thief who is escaping with stolen property.

30 Law for Business and Personal Use © South-Western, a part of Cengage LearningSlide 30 Chapter 4 DEFENSES TO CRIMINAL CHARGES Substantive defenses (cont.) Criminal insanity generally exists when, because of a verifiable mental disease or defect, the accused does not know the difference between right and wrong. Immunity is freedom from prosecution even when one has committed the crime charged. One criminal may be granted immunity to testify against the conduct of several other criminals.

31 Law for Business and Personal Use © South-Western, a part of Cengage LearningSlide 31 Chapter 4 DEFENSES TO CRIMINAL CHARGES Substantive defenses (cont.) Immunity (cont.) A witness who refuses to testify after the grant of immunity is in contempt of court. Contempt of court is action that hinders the administration of justice. It is a crime punishable by imprisonment.

32 Law for Business and Personal Use © South-Western, a part of Cengage LearningSlide 32 Chapter 4 Name the two defense categories and give an example of each.

33 Law for Business and Personal Use © South-Western, a part of Cengage LearningSlide 33 Chapter 4 PUNISHMENTS FOR CRIMES Any penalty provided by law and imposed by a court is called a punishment. The purpose is not to remedy the wrong but rather to discipline the wrongdoer. Punishment should deter others from similar behavior. It may also remove criminals from society and, in some cases, rehabilitate them during their sentence.

34 Law for Business and Personal Use © South-Western, a part of Cengage LearningSlide 34 Chapter 4 PUNISHMENTS FOR CRIMES Punishment for crimes include: Fines Imprisonment Execution An accused person may agree to plea bargain, which is to plead guilty to a less serious crime in exchange for having a more serious charge dropped.

35 Law for Business and Personal Use © South-Western, a part of Cengage LearningSlide 35 Chapter 4 PUNISHMENTS FOR CRIMES Plea bargain (cont.) The accused gives up the right to a public trial to avoid the risk of a greater penalty if convicted. Plea bargains must be approved by the judge of the court with the criminal jurisdiction over the case.

36 Law for Business and Personal Use © South-Western, a part of Cengage LearningSlide 36 Chapter 4 What is the purpose of punishment for a crime?

37 Law for Business and Personal Use © South-Western, a part of Cengage LearningSlide 37 Chapter 4 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.


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