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Bus law today 9th ed ch06

BUSINESS LAW TODAY
Essentials 9th Ed.

Roger LeRoy Miller - Institute for University Studies, Arlington, Texas
Gaylord A. Jentz - University of Texas at Austin, Emeritus

Chapter

6

Criminal Law

© 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in
a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

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Learning Objectives
 What two elements must exist before a person






can be convicted of a crime? Can a
corporation commit crimes?
What are five broad categories of crimes?
What is white collar crime?
What defenses might be raised by criminal
defendants to avoid liability for criminal acts?
What constitutional safeguards exist to protect
persons accused of a crime?
What are the basic steps in the criminal
process?

© 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in
a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

2


Civil Law and Criminal Law

© 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in
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3


Key Differences between
Civil Law and Criminal Law

© 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in
a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

4


Civil and Criminal Liability for
Same Act

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a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

5


Criminal Liability
 A person’s wrongful act may hold him
liable (or guilty) in civil actions (tort) and
criminal actions.
 State must show beyond a reasonable
doubt that the defendant:
 Performed an criminal act (actus reus) AND
 While performing the act, had the required intent or
specific state of mind (mens rea).

 Without the required intent there can be no
conviction.
© 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in
a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

6


Corporate Criminal Liability
 Liability of the Corporate Entity.
Crimes must occur within scope of employment.
Corporations can be held criminally liable when
they FAIL to fulfill certain statutory duties.

 Criminal liability of corporate officers

and directors under the “Responsible
Officer” doctrine:
Employees under their control and supervision.
Do not have to participate in, or direct, or know
about criminal violation.

© 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in
a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

7


Types of Crimes
 Violent Crime.
Crimes against persons (murder, rape).
Robbery is a violent crime.

 Property Crime: most common, involves
money or property:

Burglary.
Larceny.
Obtaining Goods by False Pretenses.
Receiving Stolen Goods.
Arson.
Forgery.
© 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in
a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

8


Types of Crimes
 Public Order Crime.
 White Collar Crime: non-violent crimes
involving a business transaction.
Embezzlement.
Mail and Wire Fraud.
Bribery.
Theft of Trade Secrets.
Insider Trading.

© 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in
a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

9


Types of Crimes

 Organized Crime.
Money laundering.
Racketeer Influenced and Corrupt
Organizations Act (RICO).
• Criminal Provisions (includes 26 different
types of felonies with fines up to $25,000 and
20 years in prison for each offense).
• Civil Penalties include forfeiture, and treble
damages.
© 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in
a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

10


Classification of Crimes
 Felonies: serious crimes punishable by
death or by imprisonment over one (1)
year.
 Misdemeanors: less serious crimes
punishable by fine or by confinement up
to one (1) year.

© 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in
a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

11


Defenses to Criminal Liability
Justifiable Use of
Force.

Duress.

Necessity.

Entrapment.

Insanity.

Statute of
Limitations.

Mistake.

Immunity.

© 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in
a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

12


Fourth Amendment Protections
 Search Warrants:
Officer must have Probable Cause.
Exceptions to Warrant.

 Search and Seizure in Businesses.
Warrant required in some cases.
No warrant required for contaminated food or
highly regulated liquor or gun businesses.
CASE 6.1 U.S. v. Moon (2008). State officials
can seize business records without a warrant if
owner agrees to search.
© 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in
a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

13


Fifth Amendment Protections
 Due Process of Law.
Opportunity to Object.
Hearing before a neutral Magistrate.

 Double Jeopardy.
Person cannot be retried for the same offense
in the same court.
Civil action, however, is permitted.

 Self-Incrimination.
“Right to Remain Silent” or not testify against
yourself
© 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in
a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

14


Six and Eighth Amendments
 Right to Speedy Trial.
 Right to Jury Trial.
 Right to Public Trial.
 Right to Confront Witnesses.
 Right to Counsel.
 Prohibition on cruel and unusual
punishment.

© 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in
a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

15


Exclusionary Rule and
the Miranda Rule
 Evidence obtained in violation of

constitutional procedures must be
excluded.
 Evidence derived from illegal evidence is
“fruit of the poisonous tree.”
 Deters police from misconduct.
 CASE 6.2 Herring v. United States
(2009). Evidence obtained during a search
incident to a ‘mistaken’ arrest is admissible.
© 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in
a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

16


Exclusionary Rule and
the Miranda Rule
 Miranda v. Arizona (1966).
Inform suspect of his rights.
Exceptions:
• Public Safety
• Coercion.
• Illegally obtained evidence.

© 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in
a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

17


Criminal Process
Arrest

Booking

Arraignment

Trial

Guilty
Plea



Initial
Appear

Grand Jury/
Prelim.
Hearing

Charges
Filed
(Indictment or
Information)

Plea
Bargain

Sentencing Guidelines: 2005 Supreme Court changed the
guidelines from mandatory to advisory.
2009: Court held sentencing judge cannot presume that a
sentence within guidelines is reasonable.

© 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in
a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

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