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Chapter 7: Criminal Law

Chapter 7: Criminal Law. §1: Civil vs. Criminal Law. Major differences:. §2: Classification of Crimes. An act can have both civil and criminal consequences. (Remember the O.J. Simpson trials?). §3: Essentials of Criminal Liability. To be convicted of a crime, a person must:

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Chapter 7: Criminal Law

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  1. Chapter 7:Criminal Law

  2. §1: Civil vs. Criminal Law Major differences:

  3. §2: Classification of Crimes • An act can have both civil and criminal consequences. (Remember the O.J. Simpson trials?)

  4. §3: Essentials of 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.

  5. §4: Corporate Criminal Liability • A corporation is creature of state statute. (See Chapter 19.) • A corporate entity may be convicted of a crime. • Punishment would be fines and/or denial of certain legal privileges.

  6. Corporate Criminal Liability [2] • Corporations may be convicted of criminal activity if the: • Crime is within agent/employee’s scope of employment; or • Corporation fails to perform a legally required duty; or • Crime authorized or requested by corporate principal/officer.

  7. Liability of Corporate Officers • Corporate officers and directors are personally liable for crimes they commit. • Also, they may be criminally liable for acts of their under the “Responsible Corporate Officer” doctrine. U.S. v. Park(1975). • Case 7.1: U.S. v. Hanousek (1999).

  8. §5: Types of Crimes • Violent Crimes: • Murder, sexual assault, rape, robbery. • Property Crimes: • Burglary, larceny, theft of trade secrets, theft of services, arson, receipt of stolen goods, forgery.

  9. “White Collar” Crimes Crimes occurring in the business context using non-violent means to obtain personal or business advantage: • Embezzlement. • Mail or Wire Fraud (federal). • Bribery. • Bankruptcy Fraud (federal). • Insider Trading (federal). • Theft of Trade Secrets (federal).

  10. Organized Crime Operates illegitimately by providing illegal goods and services: • Money Laundering. • RICO (both criminal and civil liability). • Civil remedies include forfeiture of property and victims may collect treble damages for RICO injuries by business.

  11. Computer Crime • Acts directed against computers and computer parts involving computers as tools of crime. • Any crime involving computer networks, viruses, data or hacking. (See Chapter 9.)

  12. §6: Defenses to Criminal Liability • Infancy (juvenile). • Involuntary Intoxication: is a defense if person was incapable of understanding act. • Insanity: defendant lacked substantial capacity to appreciate the wrongfulness of act or to conform act to law. • Mistake. • Duress. • Consent.

  13. Defenses [2] • 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. • Case 7.2: Katco v. Briney (1971). • Necessity: criminal act necessary to prevent greater harm.

  14. Defenses [3] • Entrapment: prevents government from encouraging crimes. Key issue: was the defendant pre-disposed to commit the act? • Statute of Limitations. • Immunity.

  15. §7: 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.

  16. Criminal Process

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

  18. 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.

  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.

  20. Exclusionary Rule • Evidence obtained in violation of 4th, 5th and 6th amendments is excluded from trial. • Deters police from warrantless searches, seizures and misconduct. • “Inevitability” and “good faith” are exceptions to the rule.

  21. The “Miranda” Rule • Miranda v. Arizonain 1966 required police to inform suspects of their constitutional rights. • Police have asked the Supreme Court to repeal Miranda in U.S. v. Dickerson (1996).

  22. Law on the Web • Department of Justice statistics. • CourtTV.com. • “Anatomy of a Murder”. • Findlaw.com . • U.S. Sentencing Guidelines Manual. • Legal Research Exercises on the Web

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