Criminal Law b Classifications FeloniesFelonies –> 1 year imprisonment - death –capital –1st degreelife –2nd degree10 years –3rd degree5 years MisdemeanorsMisdemeanors –petty offenses

Criminal Law b Elements of Liability Actus reusActus reus –omissions, thoughts, substantial steps Mens reaMens rea –Purposefully –Knowingly –negligently – recklessly

Criminal Law b Procedures 4th, 5th, 6th, 8th Amendments4th, 5th, 6th, 8th Amendments 4th, 5th, 6th Amendments4th, 5th, 6th Amendments –exclusionary rule and fruit of the poisonous tree –only tested by guilty defendants Miranda rights and exceptionsMiranda rights and exceptions

Criminal Law b Procedures Arrest - probable causeArrest - probable cause Indictment/information -grand jury functionIndictment/information -grand jury function Trial - beyond a reasonable doubtTrial - beyond a reasonable doubt b Federal Sentencing Guidelines Mandatory sentencesMandatory sentences Corporations?Corporations? – Cooperation, past violations, remedial programs

Criminal Law b Crimes affecting business White collar crime - nonviolentWhite collar crime - nonviolent –theft, fraud, bribery ForgeryForgery –checks, trademarks, altering legal documents RobberyRobbery –forceful taking BurglaryBurglary –Common law : B&E a dwelling at night w/intent to commit a felony

Criminal Law b Crimes affecting business LarcenyLarceny –fraudulent intent to deprive another permanently of property –no force Obtaining goods by false pretensesObtaining goods by false pretenses Receiving stolen goodsReceiving stolen goods –knew or should know that goods are stolen

Criminal Law b Crimes affecting business EmbezzlementEmbezzlement –stealing & entrusted with money –make restitution ArsonArson –willful and malicious burning of property –insurance fraud

Criminal Law b Mail and Wire Fraud Using mail to defraudUsing mail to defraud organizing a scheme to defraud by false pretensesorganizing a scheme to defraud by false pretenses –includes radio and television –$1,000 &/or 5 years –financial institutions = heavier penalties

Criminal Law b Bribery Public officialsPublic officials –influence public official for your private interest –must prove intent Commercial bribesCommercial bribes –steal trade secrets, cover ups, new contracts FCPAFCPA –illegal after 1977 to bribe foreign public officials

Criminal Law b Bankruptcy Fraud preferential transferspreferential transfers fraudulent concealment or transfersfraudulent concealment or transfers b Money Laundering cash transaction reporting requirements create new challengescash transaction reporting requirements create new challenges

Criminal Law b Insider Trading stock tips by one who has inside informationstock tips by one who has inside information b Theft of Trade Secrets federal crimefederal crime defined as: all forms of financial, business, scientific, technical, economic, engineering informationdefined as: all forms of financial, business, scientific, technical, economic, engineering information –must try to keep the secret –not generally known to the public

Criminal Law b Computer Crime Against a computer, using a computerAgainst a computer, using a computer financial crimesfinancial crimes theft of services or data = larcenytheft of services or data = larceny virus piracyvirus piracy vandalismvandalism federal crimefederal crime $250,000 or double restitution &/or 5 years$250,000 or double restitution &/or 5 years

Criminal Law b Criminal RICO $25,000 &/or 20 years$25,000 &/or 20 years

Criminal Law - Defenses b Lack of mental capacity InfancyInfancy –>14 and felony charge = adult trial IntoxicationIntoxication –involuntary –voluntary to escape mens rea? –Montana v. Egelhoff

Criminal Law - Defenses b Lack of mental capacity Insanity defenseInsanity defense –as a result of mental disease or defect he lacks substantial capacity either to appreciate the wrongfulness of his conduct or to conform his conduct to the requirements of the law –irresistible-impulse –M’naghten test - did not know the nature and quality of the act or that the act was wrong

Criminal Law - Defenses b Mistake of Law The law is not published or reasonably made knownThe law is not published or reasonably made known An official erroneous statementAn official erroneous statement b Mistake of Fact I thought it was sugarI thought it was sugar negates mens reanegates mens rea

Criminal Law - Defenses b Consent theft v. rape v. murder?theft v. rape v. murder? b Duress threat of serious bodily harm or deaththreat of serious bodily harm or death harm threatened greater than harm causedharm threatened greater than harm caused immediate and inescapableimmediate and inescapable in the situation without faultin the situation without fault

Criminal Law - Defenses b Justifiable Use of Force self-defenseself-defense –deadly force requires reasonable belief that imminent death or grievous bodily harm will result –violent entry into dwelling –duty to retreat defense of property - Katco v. Brineydefense of property - Katco v. Briney

Criminal Law b Entrapment suggestion + inducementsuggestion + inducement b Statutes of Limitations no statutes on some crimesno statutes on some crimes tollingtolling b Immunity 5th amendment privilege ends with promise5th amendment privilege ends with promise