Download
1 / 12
120 likes | 288 Views
CHAPTER 8 CRIMES AND BUSINESS. DAVIDSON, KNOWLES & FORSYTHE Business Law: Cases and Principles in the Legal Environment (8 th Ed.). WHY STUDY CRIMINAL LAW?. Businesses are constantly confronted with the effect of crimes. Businesses and officers can be charged with a number of crimes.
E N D
CHAPTER 8 CRIMES AND BUSINESS DAVIDSON, KNOWLES & FORSYTHE Business Law: Cases and Principles in the Legal Environment (8th Ed.)
WHY STUDY CRIMINAL LAW? • Businesses are constantly confronted with the effect of crimes. • Businesses and officers can be charged with a number of crimes. • Know what constitutes a crime and its legal ramifications.
OBJECTIVES OF CRIMINAL LAW • Protection of Persons and Property. • Deterrence of Criminal Behavior. • Punishment of Criminal Behavior. • Rehabilitation of the Criminal.
COMPONENTS OF CRIMINAL RESPONSIBILITIES • Individual is presumed innocent until proven guilty. • Suspect is guilty beyond a reasonable doubt. • The Act: • Criminal liability only when act is prohibited by law. • Prohibited act must be voluntarily committed. • Failure to act can also be a criminal “action”.
COMPONENTS OF CRIMINAL RESPONSIBILITIES • Mental State: • Purpose: actor acts with conscious objective to commit the prohibited act. • Knowledge: actor acts with awareness of what person is doing. • Recklessness: actor acts with disregard for substantial and unjustifiable risk of criminal harm to others. • Negligence: actor acts in a criminal negligent manner. • Strict liability: actor held strict liable if law declares act criminal even if none of the above elements are present.
SERIOUSNESS OF THE OFFENSE • Infractions or Violations: petty offenses punishable only be fines. • Misdemeanors: minor offenses punishable by fines and/or jail up to one year. • Felonies: major offenses punishable by major fines and/or jail from one year to life. • Treason: waging war against the government or giving aid and comfort to enemies in time of war.
CRIMES versus TORTS • An illegal act can be the legal basis for both criminal lawsuit and civil lawsuit. • Two separate suits not barred by res judicata, nor by the rule against double jeopardy. • An illegal act can be prosecuted by the criminal and civil system.
Murder/Manslaughter Arson Burglary Embezzlement/Forgery Forgery Credit Card and Check Legislation Identity Theft Criminal Fraud Larceny Robbery Espionage Computer Crime Corporate Liability for Crimes RICO Act SELECTED CRIMES
SELECTED DEFENSES • Duress: coerced into criminal act by threat or force. • Immediate threat of death or serious bodily harm. • Well-grounded fear that threat will be applied. • No reasonable opportunity to escape the threat. • Insanity: mental disease or defect, the accused did not know the act was wrong.
SELECTED DEFENSES • Intoxication: only under duress unless specific intent required. • Justification: person believes an act is necessary to prevent crime.
THE LAW OF CRIMINAL PROCEDURE • Addresses the judicial process in criminal case. • Guarantees due process and equal protection. • Defendant informed of charges. • Tried before an impartial tribunal. • Must be permitted to confront witnesses. • Cannot be compelled to testify against himself/herself. • Defendant entitled to a speedy trial.
THE LAW OF CRIMINAL PROCEDURE • May not be held liable to excessive bail and not be subject to cruel and unusual punishment. • Arrested and charged the accused should be given: • Preliminary Hearing. • Grand Jury. • Arraignment. • Defendant enters a plea. • Trial. • Judgment.
