Chapter 5 Slide 1 CHAPTER 5 Our Criminal

Chapter 5 Slide 1 CHAPTER 5 Our Criminal Laws Lessons 5 -1 Criminal Law 5 -2 Criminal Procedure LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING

LESSON 5 -1 Chapter 5 Slide 2 Criminal Law GOALS l Define the elements present in all crimes l Describe crimes that commonly occur in the business environment LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING

Chapter 5 3 WHAT ARE CRIMES? l CRIME - punishable offense against society l Elements of a crime l Criminal conduct LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING

Chapter 5 4 ELEMENTS OF A CRIME l Duty - to do or not to do a certain thing l Violation of the duty – (criminal act) l Criminal intent – (required in most cases) l Intended to commit the act l Intended to do evil LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING

Chapter 5 5 l Davis (chief accountant) l Juggled books and took $35, 000 belonging to credit union l Auditors discovered – Davis paid back with interest l Has she committed a crime despite the repayment? LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING

Chapter 5 6 l Owed duty (defined by statute) l Act – took money l 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 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING

Chapter 5 7 CRIMINAL CONDUCT Criminal conduct may be classified as follows: l Crimes against a person l Crimes against property l Crimes against the government and administration of justice l Crimes against public peace and order l Crimes against realty l Crimes against consumers l Crimes against decency LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING

Chapter 5 8 Criminal Intent w/Corporations l Can a corporation form criminal intent? l Yes l If corporation’s employees have criminal intent – employer may be judged to have criminal intent l If employees are carrying out assigned duties and the criminal act benefits the organization LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING

Chapter 5 9 Criminal Intent w/Corporations l When a corporate employee commits a crime, can officers be held responsible? l Yes - doctrine of VICARIOUS CRIMINAL LIABILITY l Vicarious - substituted LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING

Chapter 5 10 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. LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING

Chapter 5 11 Intent / Age l 14 years + presumed to know right/wrong l 7 -14 has to be proven l 6 -19 age of criminal liability l Insane - incapable of intent l Not relieved for involuntary intoxication/drug use LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING

Chapter 5 12 EXAMPLES OF CRIMES AGAINST A PERSON l Assault and battery l Kidnapping l Murder l Rape LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING

Chapter 5 13 EXAMPLES OF CRIMES AGAINST PROPERTY l Embezzlement l Theft l Robbery LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING

Chapter 5 14 EXAMPLES OF CRIMES AGAINST THE GOVERNMENT AND ADMINISTRATION OF JUSTICE l Perjury l Tax evasion l Treason LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING

Chapter 5 15 EXAMPLES OF CRIMES AGAINST PUBLIC PEACE AND ORDER l Disorderly conduct l Illegal speeding l Rioting LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING

Chapter 5 16 EXAMPLES OF CRIMES AGAINST REALTY l Arson l Burglary l Criminal trespass LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING

Chapter 5 17 EXAMPLES OF CRIMES AGAINST CONSUMERS l Fraudulent sale of securities l Violation of pure food and drug laws LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING

Chapter 5 18 EXAMPLES OF CRIMES AGAINST DECENCY l Bigamy l Obscenity l Prostitution LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING

Chapter 5 19 CLASSIFICATION OF CRIMES l Felony l Misdemeanor LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING

Chapter 5 20 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. LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING

Chapter 5 21 EXAMPLES OF FELONIES l Arson l Burglary l Embezzlement l Forgery l Kidnapping LAW FOR BUSINESS AND PERSONAL USE l Murder l Perjury l Rape l Robbery l Theft of large sums © SOUTH-WESTERN PUBLISHING

Chapter 5 22 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING

Chapter 5 23 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING

Chapter 5 24 MISDEMEANOR l 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. l Examples of misdemeanors include disorderly conduct and speeding LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING

Chapter 5 25 INFRACTION l Some states classify lesser misdemeanors as infractions. l A person convicted of an infraction can only be fined. l Because there is no risk of being jailed, the defendant is not entitled to a jury trial. l Examples include littering and parking violations. LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING

Chapter 5 26 BUSINESS-RELATED CRIMES l Larceny l Receiving stolen property l False pretenses l Forgery LAW FOR BUSINESS AND PERSONAL USE l Bribery l Computer crime l Extortion l Conspiracy l Arson © SOUTH-WESTERN PUBLISHING

Chapter 5 27 White-collar crimes l Offenses committed in the business world are referred to as white-collar crimes l Don’t involve force or violence l Do not cause injury to people l Do not cause physical damage to property LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING

Chapter 5 28 Antitrust Laws l. State that competing companies may not cooperate in fixing prices or in dividing sales regions l. Require that business firms compete with one another LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING

Chapter 5 29 Larceny (robbery) l The taking of property from another’s person or immediate presence, against the victim’s will, by force or by causing fear LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING

Chapter 5 30 Larceny (burglary) l. Entering a building without permission when intending to commit a crime LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING

Chapter 5 31 False pretenses l When one who obtains money or other property by lying about a past or existing fact l Differs from larceny because the victim parts with the property voluntarily l A type of fraud LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING

Chapter 5 32 Forgery l Falsely making or materially altering to defraud another l Most commonly found on checks when one signs another’s name without permission to do so LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING

Chapter 5 33 Bribery l Unlawfully offering or giving anything of value to influence performance of an official l Soliciting or accepting the bribe is also criminal LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING

Chapter 5 34 Computer crime l Larceny when stealing computer data is harder to prosecute l Courts conclude that there is not a “taking” of personal property if the data is copied and deleted LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING

Chapter 5 35 Extortion l Commonly known as blackmail l Obtaining money or other property from a person by wrongful use of force, fear, or the power of office l The extortionist may threaten to inflict bodily damage l Exposing an embarrassing fact LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING

Chapter 5 36 Conspiracy l An agreement between two or more persons to commit a crime l Usually agreement is secret l The conspiracy is a crime separate from the crime parties planned to commit l Crime could be a felony or a misdemeanor LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING

Chapter 5 37 Arson l The willful and illegal burning of a building l Occurs when someone intentionally starts a fire and burns a structure without the owner’s consent LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING

Chapter 5 Slide 38 LESSON 5 -2 Criminal Procedure GOALS l Know the rights a person has when arrested l Recognize a person’s potential criminal liability for the actions of others l Understand the justifiability of the common defenses to criminal charges LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING

Chapter 5 39 Constitutional Rights l Authors of our Constitution believed it was better for society to give individuals too much liberty than to allow the government too much power. l Probable Cause - a reasonable ground for belief LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING

Chapter 5 40 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. LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING

Chapter 5 41 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. LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING

Chapter 5 42 Agree / Not Agree Search was deemed unreasonable as it lacked probable cause marijuana could not be used as evidence LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING

Chapter 5 43 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 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING

Chapter 5 44 RIGHTS AND RESPONSIBILITIES l Rights when arrested l Due process (probable cause) l Representation by a lawyer (private /courtappointed) l Responsibility for the criminal conduct of others l Accomplice – knowingly aids in the commission of crime (also guilty of criminal wrongdoing) LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING

Chapter 5 45 DEFENSES TO CRIMINAL CHARGES l DEFENSE – a legal position taken by an accused to defeat the charges against him/her l Procedural defenses – based on problems with the way evidence is obtained or the way an accused person is arrested, questioned, tried or punished lconfessing to a crime because of police threats LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING

Chapter 5 46 DEFENSES TO CRIMINAL CHARGES l Substantive defenses – disprove, justify, or excuse the alleged crime l. Alibi l. Self defense – only non-deadly force if reasonable sufficient l. Criminal insanity – know right from wrong l. Immunity – freedom from prosecution even when one has committed the crime LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING

Chapter 5 47 l Contempt of Court – action that hinders the administration of justice crime punishable by imprisonment LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING

Chapter 5 48 PUNISHMENTS FOR CRIMES l A penalty provided by law and imposed by a court is called a punishment. l The purpose is not to remedy the wrong but rather to discipline the wrongdoer. LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING

Chapter 5 49 PLEA BARGAINING l 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. l When plea bargaining the accused gives up the right to a public trial to avoid the risk of greater penalty if convicted. LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING

Chapter 5 50 The Ripple Effect LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING