Fundamentals of Business Law Summarized Cases, 8th Ed., and Excerpted Cases, 2nd Ed. ROGER LeROY MILLER Institute for University Studies Arlington, Texas GAYLORD A. JENTZ Herbert D. Kelleher Emeritus Professor in Business Law University of Texas at Austin

Learning Objectives What two elements must exist before a person can be convicted of a crime? Can a corporation commit crimes? What are five broad categories of crimes? What is white-collar crime? What defenses might be raised by criminal defendants to avoid liability for criminal acts? What constitutional protections exist to protect a person accused of crimes? What are the basic steps in the criminal process? What is a cyber crime? What laws apply to crimes committed in cyberspace? Copyright © 2010 South-Western Legal Studies in Business, a part of South-Western Cengage Learning.

Civil Law vs. Criminal Law Key Differences Copyright © 2010 South-Western Legal Studies in Business, a part of South-Western Cengage Learning.

Criminal Liability To be convicted of a crime, the State must show beyond a reasonable doubt that the Defendant: Performed an illegal act (actus reus) AND While performing the act, had the required intent or specific state of mind (mens rea). Without the required intent there can be no conviction. Copyright © 2010 South-Western Legal Studies in Business, a part of South-Western Cengage Learning.

Corporate Criminal Liability A corporation is a legal “person.” A corporation can be fined or denied legal privileges (license) for criminal activity. “Responsible Corporate Officer” Doctrine: officers and directors can be criminally liable. Copyright © 2010 South-Western Legal Studies in Business, a part of South-Western Cengage Learning.

Classification of Crimes A person’s wrongful act may hold him liable (or guilty) in civil actions (tort) and criminal actions. Classification of Crimes: Felony: serious crimes punished by death or imprisonment for at least 1 year. Misdemeanor: punished by fine or confinement for less than 1 year. Copyright © 2010 South-Western Legal Studies in Business, a part of South-Western Cengage Learning.

Defenses to Criminal Liability Infancy (juvenile). Duress. Intoxication. Justifiable Use of Force. Insanity. Entrapment. Mistake. Statute of Limitations. Consent. Immunity. Copyright © 2010 South-Western Legal Studies in Business, a part of South-Western Cengage Learning.

Constitutional Safeguards Fourth Amendment Protections. Search Warrants: Officer must have Probable Cause. Exceptions to Warrant. Search and Seizure in Businesses. Warrant required in some cases. No warrant required for contaminated food or highly regulated liquor or gun businesses. Copyright © 2010 South-Western Legal Studies in Business, a part of South-Western Cengage Learning.

Constitutional Safeguards Fifth Amendment. Due Process of Law. Opportunity to Object. Hearing before a neutral Magistrate. Double Jeopardy. Person cannot be retried for the same offense in the same court. Civil action, however, is permitted. Self-Incrimination. “Right to Remain Silent” or not testify against yourself Copyright © 2010 South-Western Legal Studies in Business, a part of South-Western Cengage Learning.

Constitutional Safeguards Sixth and Eighth Amendments. Right to Speedy Trial. Right to Jury Trial. Right to Public Trial. Right to Confront Witnesses. Right to Counsel. Prohibition on cruel and unusual punishment. Copyright © 2010 South-Western Legal Studies in Business, a part of South-Western Cengage Learning.

Exclusionary and Miranda Rules Evidence obtained in violation of constitutional procedures must be excluded. Evidence derived from illegal evidence is “fruit of the poisonous tree.” Deters police from misconduct. Miranda Rule. Inform suspect of his rights. Exceptions: coercion, illegally obtained evidence. CASE 6.3 Miranda v. Arizona (Supreme Court, 1966). Copyright © 2010 South-Western Legal Studies in Business, a part of South-Western Cengage Learning.