1. Criminal Law Business Law Mr. DelPriore

2. What is a crime? Punishable offense against society We identify, arrest, prosecute, punish To protect us! Crimes are NOT civil offenses Civil offenses = just against the victim Not society

3. Elements of a Crime Duty to do, or not do, something Described by the law- identify criminal behavior Act or omission in violation of that duty The actual CRIMINAL ACT Criminal intent Must be proven through the case Intended to commit act AND intended to do evil Not needed for less serious offenses For example, traffic offenses

4. Criminal Intent and AGE During early Common Law: Below 7 = Below age of reason So lack criminal intent Over 14 = Know right and wrong Accountable for acts Between 7 and 14, must be proven Today: Most states, criminal liability at 18 Some states from 16-19 Some states, as young as 7 may be tried as adults For serious crimes

5. Criminal Conduct (PPPGRCD) Classified as against: Person (murder, rape, kidnapping, battery) Property (theft, robbery, embezzlement) Public peace/order (disorderly conduct, speeding) Government (perjury, tax evasion, treason) Realty (burglary, arson, criminal trespass) Consumers (food/drug laws, fraud) Decency (obscenity, prostitution, bigamy)

6. Felony vs. Misdemeanor Felony Crime punishable by >1 yr prison, >$1,000 fine Either, or both And Death Murder, rape, arson, kidnapping, robbery, forgery Perjury: Lying under oath Misdemeanor Less serious crime- less than 1 yr in jail Disorderly conduct, speeding May be called infractions- only fines given for these Infraction examples: Littering, parking violations

7. Business-Related Crimes Often called “white collar crimes” Don’t involve violence, don’t cause injury Less serious punishments- fines, short prison time Examples: Income tax evasion and Fraud False insurance claims and False advertising Fixing prices and Bribery Political corruption and Embezzlement Anti-Trust Laws Competing companies may not cooperate to fix prices Requires businesses to compete

8. Crimes Embezzlement Taking another person’s property or money By a person who has been entrusted If employees have criminal intent... So does the company If employee commits a crime... Company can be held responsible Through doctrine of VICARIOUS CRIMINAL LIABILITY Vicarious = Substituted

9. Business-Related Crimes Larceny Theft- wrongful taking of money, property Robbery- variation of larceny Taking from someone’s immediate presence Against victim’s will, by force or by fear Burglary- variation of larceny Entering without permission, intending to commit crime Can be felony or misdemeanor Determined by value of property stolen Robbery, burglary ALWAYS felonies

10. Business-Related Crimes Receiving Stolen Property Receiving, buying property known to be stolen False Pretenses Obtains money, property by lying Differs from larceny because: Victim parts with the property willingly Forgery Falsely making or altering writing fraudulently Commonly done with checks Signing without permission, or changing a number Usually a felony

11. Business-Related Crimes Bribery Offering something of value to influence Usually someone in position of power Soliciting or accepting bribe, also criminal Bribe to lose a game intentionally- criminal Computer Crime States create new laws for computer crimes Extortion Also known as blackmail Obtaining money, property by use of force, fear, power May threaten physical violence

12. Business-Related Crimes Conspiracy Agreement between 2 or more people To commit a crime- usually secret Felony or misdemeanor Arson Burning of a building Intentionally start fire without owner’s consent Some states, burn own building is arson To get insurance money

13. Criminal Procedure Protect individuals from certain actions Federal government actions Rights when Arrested Don’t have to testify against yourself Right to cross-examine witnesses Right to a lawyer, trial by jury Guilt beyond a reasonable doubt Responsibility for Others’ Actions Aiding in commission of crime- GUILTY Planning crime, driving to/from, “lookout”

14. Defenses to Criminal Offenses Two types: Procedural Defenses Substantive Defenses Procedural Defenses Based on problems with way evidence obtained Way person arrested, questioned, tried, punished Ignorance of law = NOT a defense! Example: Not being read your rights at arrest Example: Being brutally tortured at arrest

15. Substantive Defenses Disprove, justify, excuse the crime Discredit facts established Self-defense, criminal insanity, immunity Self-Defense Use of force needed to prevent death, serious harm, rape, or kidnapping Extends to members of family/household Must be reasonable- can’t use brutal force if not necessary

16. Substantive Defenses Criminal Insanity Does not know difference between right/wrong No criminal intent… so no crime! Immunity Freedom from prosecution even when the crime is committed! Plea deal… in agreement to implicate others Still refuse to talk after immunity? In Contempt of Court: Hinders administration of justice Punishable by imprisonment!

17. Criminal Punishments Punishment Penalty provided by law, imposed by court Meant to discipline Should be swift and certain to DETER others Maximum limits for punishments But, judge has discretion to give lesser Plea Bargaining Give up right to public trial Avoid risk of greater penalty if convicted

18. What is a crime? ________________________________ We identify, _______, prosecute, punish To protect us! Crimes are NOT ___________________ Civil offenses = just against ______________ Not society

19. Elements of a Crime ___________________________________ Described by the law- identify criminal behavior ___________________________________ The actual CRIMINAL ACT ___________________________________ Must be proven through the case Intended to commit act AND intended to do evil Not needed for less serious offenses For example, traffic offenses

20. Crimes Embezzlement Taking another person’s property or money By a person who _______________________________ If employees have criminal intent... So does ________________________ If employee commits a crime... Company ______ be held responsible Through doctrine of VICARIOUS CRIMINAL LIABILITY Vicarious = __________________________

21. Criminal Intent and AGE During early Common Law: Below 7 = ___________________________________ So lack criminal intent Over 14 = ___________________________________ Accountable for acts Between 7 and 14, ____________________________ Today: Most states, criminal liability _________ Some states from 16-19 Some states, as young as ____ may be tried as adults For serious crimes

22. Criminal Conduct (PPPGRCD) Classified as against: Person (________________________________) Property (_______________________________) Public peace/order (______________________) Government (___________________________) Realty (________________________________) Consumers (____________________________) Decency (______________________________)

23. Felony vs. Misdemeanor Felony Crime punishable by ____________________________ Either, or both And Death Murder, rape, arson, kidnapping, robbery, forgery Perjury: ______________________________________ Misdemeanor Less serious crime- _____________________________ Disorderly conduct, speeding May be called ____________- only fines given for these Infraction examples: ____________________________

24. Business-Related Crimes Often called “__________________________” Don’t involve ___________, don’t cause injury Less serious punishments- fines, short prison time Examples: ___________________________________________ Fixing prices and Bribery Political corruption and Embezzlement Anti-Trust Laws Competing companies may not cooperate to fix prices Requires businesses to ________________________

25. Business-Related Crimes Larceny Theft- wrongful taking of money, property Robbery- variation of larceny ____________________________________________ Against victim’s will, by force or by fear Burglary- variation of larceny ____________________________________________ Can be felony or misdemeanor Determined by value of property stolen Robbery, burglary ALWAYS ___________________

26. Business-Related Crimes Receiving Stolen Property Receiving, buying property known to be stolen False Pretenses Obtains money, property _______________________ Differs from larceny because: _____________________________________________ Forgery Falsely making or altering ______________________ Commonly done with checks _____________________________________________ Usually a felony

27. Business-Related Crimes Bribery Offering something of value _____________________ Usually someone in position of power Soliciting or __________________ bribe, also criminal Bribe to lose a game intentionally- criminal Computer Crime States create new laws for computer crimes Extortion Also known as ____________________________ Obtaining money, property by use of force, fear, power May threaten ______________________________

28. Business-Related Crimes Conspiracy Agreement ___________________________ To commit a crime- usually secret Felony or misdemeanor Arson ____________________________________ Intentionally start fire without owner’s consent Some states, burn own building is arson To get _______________________________

29. Criminal Procedure Protect individuals from certain actions Federal government actions Rights when Arrested Don’t have to testify against _____________ Right to _____________________________ Right to a ____________, trial by _________ Guilt beyond a reasonable doubt Responsibility for Others’ Actions Aiding in commission of crime- GUILTY ____________________________________

30. Defenses to Criminal Offenses Two types: ______________________ Defenses Procedural Defenses Based on problems with ___________________ Way person arrested, questioned, tried, punished Ignorance of law = ________________________ Example: _______________________________ Example: Being brutally tortured at arrest

31. Substantive Defenses __________________________ the crime Discredit facts established Self-defense, criminal insanity, immunity Self-Defense _________________________ needed to prevent death, serious harm, rape, or kidnapping Extends to members of family/household Must be _______________________- can’t use brutal force if not necessary

32. Substantive Defenses Criminal Insanity Does not know difference between ___________ No ________________________… so no crime! Immunity Freedom from prosecution even when the crime is committed! Plea deal… in agreement to implicate others Still refuse to talk after immunity? ________________________: Hinders administration of justice Punishable by imprisonment!

33. Criminal Punishments Punishment Penalty provided by law, imposed by court _______________________________________ Should be swift and certain to _______________ Maximum limits for punishments But, judge has ___________________________ Plea Bargaining Give up right to public trial Avoid risk of __________________ if convicted