1. Prentice Hall © 20071 PowerPoint Slides to accompany The Legal Environment of Business and Online Commerce 5E, by Henry R. Cheeseman Chapter 8 Business and Online Crimes

2. Prentice Hall © 20072 What Is a Crime? An act done by an individual in violation of those duties owed to society and for which breach the law provides that the wrongdoer shall make amends to society

3. Prentice Hall © 20073 Penal Codes and Regulatory Statutes Define activities considered to be crimes within the jurisdiction Detail penalties which will be imposed for these crimes Fines Imprisonment or probation

4. Prentice Hall © 20074 Parties to a Criminal Case Plaintiff is the government, represented by a prosecuting attorney Defendant is the person accused of a crime, represented by a defense attorney

5. Prentice Hall © 20075 Classification of Crimes Felonies Include crimes that are mala in se, inherently evil Usually punishable by imprisonment Misdemeanors Mala prohibitum, prohibited by society Carry lesser penalties than felonies Violations

6. Prentice Hall © 20076 Elements of a Crime Criminal act Actus reus Criminal intent Mens rea Specific intent General intent Non-intent crimes

7. Prentice Hall © 20077 Criminal Acts As a Basis for Tort An injured party may bring a civil action against a wrongdoer who has caused the injury during the commission of a crime. A civil lawsuit is separate from the criminal action.

8. Prentice Hall © 20078 Criminal Procedure Arrest Indictment or information Arraignment Defendant is informed of charges A plea is entered Plea bargaining

9. Prentice Hall © 20079 The Criminal Trial Burden of proof is “beyond a reasonable doubt” The verdict must be unanimous. Only the defendant may appeal.

10. Prentice Hall © 200710 Common Crimes Robbery Burglary Larceny Theft

11. Prentice Hall © 200711 Common Crimes Receiving stolen property Arson Extortion

12. Prentice Hall © 200712 White Collar Crimes Forgery Embezzlement Bribery Criminal fraud Racketeer Influenced and Corrupt Organization Act Criminal conspiracy

13. Prentice Hall © 200713 Corporate Criminal Liability Corporations are criminally liable for the acts of their managers, agents, and employees. Sanctions may include fines, loss of license or loss of franchise.

14. Prentice Hall © 200714 Protection Against Unreasonable Search and Seizure The Fourth Amendment protects individuals and corporations. A search warrant is usually necessary. Exclusionary rule Evidence acquired through an unreasonable search may not be introduced at trial against person searched. “Good faith” exception may allow evidence to be used.

15. Prentice Hall © 200715 Searches of Business Premises In general, the government must acquire a warrant before searching business premises. Certain industries are subject to warrantless search, for example, sellers of firearms.

16. Prentice Hall © 200716 Privilege Against Self-Incrimination The Fifth Amendment protects individuals against self-incrimination. Protection does not apply to corporations. Miranda rights A criminal suspect must be informed of his or her rights before interrogation. Statements given before Miranda rights are given may be excluded from evidence.

17. Prentice Hall © 200717 Attorney-Client and Other Privileges The Fifth Amendment protects communications between attorney and client. Other privileges have been recognized Psychiatrist-patient Clergy-penitent Spouse-spouse Parent-child No accountant-client privilege is recognized under Federal law, but some states recognize it.

18. Prentice Hall © 200718 Other Protections Immunity from prosecution When granted, the suspect can no longer assert Fifth Amendment privilege. Protection against double jeopardy Fifth Amendment protects persons from being tried twice for the same crime.

19. Prentice Hall © 200719 Other Protections Sixth Amendment rights Right to a public jury trial in a criminal case Right to confront witnesses against the accused Right to an attorney Right to a speedy trial Eighth Amendment Prohibits cruel and unusual punishment