Business Law and the Regulation of Business Chapter 6: Criminal Law By Richard A. Mann & Barry S. Roberts

Topics Covered in this Chapter A. Nature of Crimes B. White-Collar Crime C. Crimes Against Business D. Defenses to Crimes E. Criminal Procedure

Nature of Crimes Definition – any act or omission forbidden by public law. Essential Elements Actus Reus – wrongful or overt act. Mens Rea – criminal intent or mental fault. Classification Felony – a serious crime. Misdemeanor – a less serious crime.

Degrees of Mental Fault Type Fault Required Examples Subjective Fault Purposeful Larceny Knowing Embezzlement Reckless Careless Driving Objective Fault Negligent Careless Issuing bad check (some states) Liability without Fault None Sale of alcohol to minor Sale of adulterated food

Liability Vicarious 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.

White-Collar Crime Definition – 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.

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.

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.

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.

Defenses to Crimes Defense 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.

Criminal Procedure Steps in Criminal Prosecution – generally include arrest, booking, formal notice of charges, preliminary hearing to determine probable cause, indictment or information, arraignment, and trial.

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.

Constitutional Protection for the Criminal Defendant Amendment Protection Conferred Fourth Freedom from unreasonable search and seizure Fifth Due process Right to indictment by grand jury for capital crimes* Freedom from double jeopardy Freedom from self-incrimination Sixth Right to speedy, public trial by jury Right to be informed of accusations Right to confront witnesses Right to present witnesses Right to competent counsel Eighth Freedom from excessive bail Freedom from cruel and unusual punishment *This right has not been applied to the States through the Fourteenth Amendment.