Business Law Chapter 5 PPT

Report
Chapter 5 Slide 1
CHAPTER 5
Our Criminal Laws
Lessons
5-1 Criminal Law
5-2 Criminal Procedure
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LESSON 5-1
Chapter 5 Slide 2
Criminal Law
GOALS
 Define the elements present in all crimes
 Describe crimes that commonly occur in the
business environment
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Chapter 5 Slide 3
WHAT ARE CRIMES?
CRIME - punishable offense against
society
Elements of a crime
Criminal conduct
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ELEMENTS OF A CRIME
 Duty - to do or not
to do a certain thing
 Violation of the
duty – (criminal act)
 Criminal intent –
(required in most
cases)
 Intended to commit
the act
 Intended to do evil
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Chapter 5 Slide 5
Davis (chief accountant)
Juggled books and took $35,000
belonging to credit union
Auditors discovered – Davis paid back
with interest
Has she committed a crime despite the
repayment?
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Owed duty (defined by statute)
Act – took money
The criminal conduct of taking another’s
property or money by a person to whom it
has been entrusted
EMBEZZLEMENT
Intent – intended to do evil
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CRIMINAL CONDUCT
Criminal conduct may be classified as follows:
 Crimes against a person
 Crimes against property
 Crimes against the government and
administration of justice
 Crimes against public peace and order
 Crimes against realty
 Crimes against consumers
 Crimes against decency
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Criminal Intent w/Corporations
Can a corporation form criminal intent?
Yes
If corporation’s employees have criminal
intent – employer may be judged to
have criminal intent
If employees are carrying out assigned
duties and the criminal act benefits the
organization
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Criminal Intent w/Corporations
When a corporate employee commits a
crime, can officers be held responsible?
Yes - doctrine of VICARIOUS
CRIMINAL LIABILITY
Vicarious - substituted
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Criminal Intent w/Corporations
President of company is aware
of dangerous working conditions
and does nothing. Supervisor
fails to take safety precautions
and worker is killed.
President  possible homicide
charges.
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Intent / Age
14 years + presumed to know right/wrong
7-14 has to be proven
6-19 age of criminal liability
Insane - incapable of intent
Not relieved for involuntary intoxication/drug
use
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EXAMPLES OF CRIMES
AGAINST A PERSON
Assault and battery
Kidnapping
Murder
Rape
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EXAMPLES OF CRIMES
AGAINST PROPERTY
Embezzlement
Theft
Robbery
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EXAMPLES OF CRIMES
AGAINST THE GOVERNMENT
AND ADMINISTRATION OF JUSTICE
Perjury
Tax evasion
Treason
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EXAMPLES OF CRIMES AGAINST
PUBLIC PEACE AND ORDER
Disorderly conduct
Illegal speeding
Rioting
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EXAMPLES OF CRIMES
AGAINST REALTY
 Arson
 Burglary
 Criminal trespass
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EXAMPLES OF CRIMES
AGAINST CONSUMERS
Fraudulent sale of securities
Violation of pure food and drug laws
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EXAMPLES OF CRIMES
AGAINST DECENCY
Bigamy
Obscenity
Prostitution
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CLASSIFICATION
OF CRIMES
Felony
Misdemeanor
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FELONY
A felony is a crime punishable by
confinement for more than a year in a
state prison or by a fine of more than
$1,000, or both—or even death.
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EXAMPLES OF FELONIES
 Arson
 Burglary
 Embezzlement
 Forgery
 Kidnapping
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 Murder
 Perjury
 Rape
 Robbery
 Theft of large sums
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MISDEMEANOR
 A misdemeanor is a less
serious crime. It is usually
punishable by confinement in a
county or city jail for less than
one year, by fine, or both.
 Examples of misdemeanors
include disorderly conduct and
speeding
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INFRACTION
Some states classify lesser
misdemeanors as infractions.
A person convicted of an infraction can
only be fined.
Because there is no risk of being jailed,
the defendant is not entitled to a jury trial.
Examples include littering and parking
violations.
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BUSINESS-RELATED CRIMES
 Larceny
 Receiving stolen
property
 False pretenses
 Forgery
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 Bribery
 Computer crime
 Extortion
 Conspiracy
 Arson
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White-collar crimes
 Offenses committed in the
business world are referred to
as white-collar
crimes
 Don’t involve force or violence
 Do not cause injury to people
 Do not cause physical damage
to property
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Antitrust Laws
State that competing
companies may not cooperate
in fixing prices or in dividing
sales regions
Require that business business
firms compete with one another
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Larceny (robbery)
The taking of
property from
another’s person
or immediate
presence, against
the victim’s will,
by force or by
causing fear
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Larceny (burglary)
Entering a
building without
permission
when intending
to commit a
crime
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False pretenses
When one who obtains money or other
property by lying about a past or
existing fact
Differs from larceny because the victim
parts with the property voluntarily
A type of fraud
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Forgery
 Falsely making or
materially altering to
defraud another
 Most commonly
found on checks
when one signs
another’s name
without permission
to do so
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Bribery
 Unlawfully offering
or giving anything of
value to influence
performance of an
official
 Soliciting or
accepting the bribe
is also criminal
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Computer crime
 Larceny when
stealing computer
data is harder to
prosecute
 Courts conclude that
there is not a
“taking” of personal
property if the data
is copied and
deleted
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Extortion
Commonly known as blackmail
Obtaining money or other property from
a person by wrongful use of force, fear,
or the power of office
The extortionist may threaten to inflict
bodily damage
Exposing an embarrassing fact
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Conspiracy
An agreement between two or more
persons to commit a crime
Usually agreement is secret
The conspiracy is a crime separate from
the crime parties planned to commit
Crime could be a felony or a
misdemeanor
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Arson
 The willful and
illegal burning of a
building
 Occurs when
someone
intentionally starts a
fire and burns a
structure without the
owner’s consent
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LESSON 5-2
Criminal Procedure
GOALS
 Know the rights a person has when arrested
 Recognize a person’s potential criminal liability
for the actions of others
 Understand the justifiability of the common
defenses to criminal charges
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Constitutional Rights
Authors of our Constitution believed it
was better for society to give individuals
too much liberty than to allow the
government too much power.
Probable Cause - a reasonable
ground for belief
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Agree / Not Agree
During a routine traffic stop of a small truck for
speeding, an officer became suspicious of the
cargo the truck contained due to a smell coming
from inside. When his request to search the
truck was refused, the officer radioed for the
assistance of a drug dog. Unfortunately, the
dog was unavailable.
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Agree / Not Agree
Finally, he ordered the driver to open the
cargo area. When the driver did so, the
officer found more than a ton of
marijuana.
At trial, the defense attorney maintained
that it was an illegal search and seizure
and that the marijuana should not be
allowed to be used as evidence.
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Agree / Not Agree
Search was deemed unreasonable as it
lacked probable cause
 marijuana could not be used as
evidence
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Rights
Convict a person of a crime –
evidence must establish guilt
“beyond a reasonable doubt”
Right to a trial by jury
-- prosecutor or defendant can request
Guilty Verdict
-- only if all jurors vote to convict
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RIGHTS AND
RESPONSIBILITIES
Rights when arrested
Due process (probable cause)
Representation by a lawyer (private /courtappointed)
Responsibility for the criminal conduct
of others
Accomplice – knowingly aids in the
commission of crime (also guilty of criminal
wrongdoing)
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DEFENSES TO
CRIMINAL CHARGES
DEFENSE – a legal position taken by
an accused to defeat the charges
against him/her
Procedural defenses – based on
problems with the way evidence is
obtained or the way an accused person
is arrested, questioned, tried or
punished
confessing to a crime because of police threats
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Chapter 5 Slide 46
DEFENSES TO
CRIMINAL CHARGES
Substantive defenses – disprove,
justify, or excuse the alleged crime
Alibi
Self defense – only non-deadly force if
reasonable sufficient
Criminal insanity – know right from wrong
Immunity – freedom from prosecution even
when one has committed the crime
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Contempt of Court – action that hinders
the administration of justice
 crime punishable by imprisonment
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PUNISHMENTS
FOR CRIMES
A penalty provided by law and imposed
by a court is called a punishment.
The purpose is not to remedy the wrong
but rather to discipline the wrongdoer.
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Chapter 5 Slide 49
PLEA BARGAINING
Plea bargaining is when an accused
person agrees to plead guilty to a less
serious crime in exchange for having a
more serious charge dropped.
When plea bargaining the accused
gives up the right to a public trial to
avoid the risk of greater penalty if
convicted.
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Chapter 5 Slide 50
The Ripple Effect
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