Crime

1
CHAPTER 8
Crime
2
WHY WE STUDY CRIMINAL LAW IN BUSINESS COURSES

• Wrongful behavior in the business world can
  lead to criminal prosecution against both the
  individual and the corporation.

3
CIVIL LAW vs CRIMINAL LAW
Civil law concerns the rights and liabilities
between private parties. Criminal law concerns
those activities that society has outlawed.
4
FELONY V MISDEMEANOR

• A felony is a serious crime, with a sentence of
  one year or more in prison.
• A misdemeanor is less serious, often with a
  sentence of less than a year.

5
PURPOSE OF PUNISHMENT

• To Punish
• To Restrain

• To Deter

• For Vengeance

• To Rehabilitate

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DEFINITIONS AND TERMS

• Outlawed Conduct

• Burden of Proof

• Actus Reus (means the guilty act)

• Mens Rea (means guilty state of mind
• General intent/Specific intent
• Reckless or negligent conduct
• Strict liability

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DEFENSES

• Insanity
• Two basic tests are used to determine insanity
• MNaughten Rule
• Irresistible Impulse Rule

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OTHER DEFENSES

• Entrapment
• Duress
• Constitutional rights

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CRIMES THAT HARM BUSINESS

• Larceny
• Embezzlement
• Fraud
• Computer Crime
• Arson

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COMPUTER CRIME STATUTES

• The Computer Fraud and Abuse Act
• The Access Device Fraud Act
• The Identity Theft and Assumption Deterrence Act
• The Wire and Electronic Communications
  Interception Act

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CRIMES COMMITTED BY BUSINESS

• Occupational Safety and Health Act
• RICO
• Money Laundering

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THE CRIMINAL PROCESS

• Notification to police
• Warrant
• Probable cause
• Search and Seizure
• Arrest Warrant
• Arrest

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THE CRIMINAL PROCESS (contd)

• Bail Hearing
• Indictment
• Arraignment
• Discovery
• Motion to suppress
• Pleas bargaining
• Trial and appeal

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FOURTH AMENDMENT
Prohibits illegal searches and seizures.

• There are six situations in which police may
  search without a warrant
• Plain view
• Stop and Frisk
• Emergencies
• Automobiles
• Lawful arrest
• Consent

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OTHER FOURTH AMENDMENT ISSUES

• Search may be unlawful
• Exclusionary rule
• The Patriot Act of 2001

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FIFTH AMENDMENT

• Due Process

• Double Jeopardy

• Self-incrimination

• Miranda rights

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EIGHTH AMENDMENT
Prohibits cruel and unusual punishment