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Chapter 7 Criminal Law

Chapter 7 Criminal Law. Civil vs. Criminal Law. Major differences:. Classification of Crimes. An act can have both civil and criminal consequences. (O.J. Simpson trials). Criminal Liability. To be convicted of a crime, a person must: Commit a guilty act ( actus reus ).

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Chapter 7 Criminal Law

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  1. Chapter 7Criminal Law

  2. Civil vs. Criminal Law Major differences:

  3. Classification of Crimes An act can have both civil and criminal consequences. (O.J. Simpson trials)

  4. Criminal Liability To be convicted of a crime, a person must: • Commit a guilty act (actus reus). • Have the guilty mind (mens rea) during commission of the guilty act. • Case 7.1 In Re Gavin T. (1998).

  5. Corporate Criminal Liability • A corporate entity may be convicted of a crime and punished with fines. • Corporate officers and directors may be criminally liable for acts of their under the “Responsible Corporate Officer” doctrine. • Case 7.2: U.S. v. Hanousek (1999).

  6. Crimes Affecting Business • Robbery: forceful taking of property • Burglary: breaking and entering dwelling with intent to commit a felony • Obtaining goods by False Pretenses • Receiving Stolen Goods • Arson and • Forgery

  7. White-Collar Crimes Crimes occurring in the business context using non-violent means to obtain personal or business advantage. • Embezzlement • Mail and Wire Fraud

  8. Computer Crime • Acts directed against computers and computer parts involving computers as tools of crime. • Any crime involving computer networks, viruses, data or hacking.

  9. White-Collar Crimes • Bribery • Bankruptcy Fraud • Money Laundering • Insider Trading • Theft of Trade Secrets • RICO Violations

  10. Defenses to Criminal Liability • Infancy (juvenile). • Involuntary Intoxication: is a defense if person was incapable of understanding act. • Case 7.3 Montana v. Egelhoff (1996). • Insanity: defendant lacked substantial capacity to appreciate the wrongfulness of act or to conform act to law.

  11. Defenses to Criminal Liability • Mistake • Consent • Duress • Self-Defense of People and Property: use deadly force if reasonable belief of immanent death or serious injury; cannot use deadly force to protect property alone.

  12. Defenses to Criminal Liability • Entrapment: prevents government from encouraging crimes. Key issue: was the defendant pre-disposed to commit the act? • Statute of Limitations. • Immunity.

  13. Criminal Procedures • U.S. Constitution provides specific safeguards for those accused of crimes at federal and state level. • Criminal procedures are designed to protect against the arbitrary use of power by the government.

  14. Criminal Process

  15. Fourth Amendment • The Fourth Amendment protects against unreasonable search and seizures. • No warrant for search or arrest can issue without probable cause.

  16. Fifth Amendment • The Fifth Amendment requires that no one can be denied life, liberty or property with “due process.” • Prohibits “double jeopardy” (tried twice for same crime). • Prohibits self-incrimination.

  17. Exclusionary Rule • Evidence obtained in violation of Constitutional amendments is excluded from trial. • Deter police from warrantless searches, seizures and misconduct. • “Inevitability” and “good faith” are exceptions to the rule.

  18. The “Miranda” Rule • Miranda v. Arizona in 1966 required police to inform suspects of their constitutional rights. • The Supreme Court upheld Miranda in Dickerson v. U.S. (2000).

  19. Sixth Amendment The Sixth Amendment guarantees the accused the rights to: • A speedy trial. • A trial by jury for criminal cases. • Confront his witnesses (cross-examination). • Counsel paid by state.

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