what two elements must exist before a person can be convicted of a crime? can a corporation commit...

• What two elements must exist What two elements must exist before a person can be convicted of before a person can be convicted of a crime? Can a corporation commit a crime? Can a corporation commit crimes?crimes?• What are five broad categories of What are five broad categories of

crimes? What is white-collar crime? crimes? What is white-collar crime?

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• What defenses might be raised by What defenses might be raised by criminal defendants to avoid liability criminal defendants to avoid liability for criminal acts?for criminal acts?• What constitutional protections exist What constitutional protections exist

to protect a person accused of to protect a person accused of crimes? What are the basic steps in crimes? What are the basic steps in the criminal process? the criminal process?

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• Major Differences Between Civil and Major Differences Between Civil and Criminal Law.Criminal Law.–Burden of Proof. • Civil is preponderance of the evidence.

Criminal is proof beyond a reasonable doubt.

–Criminal Sanctions. Harsher than those applied in civil cases.

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• Civil Liability for Criminal Acts.Civil Liability for Criminal Acts.–Assault and Battery, can provide basis

for both civil and criminal prosecution.

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• To be convicted of a crime, a person To be convicted of a crime, a person must:must:–Commit a guilty act (actus reus).–Have the guilty mind (mens rea) during

commission of the guilty act.

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• State of Mind.State of Mind.–Required intent (or mental state) is

indicated in the applicable statute or law.–Criminal Negligence or Recklessness

(unjustified, substantial and foreseeable risk that results in harm).

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• State of Mind: Strict Liability and State of Mind: Strict Liability and Overcriminalization. Overcriminalization. – Federal code lists over 4,000 criminal

offenses, many do not list a “mental state” for conviction.– Strict liability crimes are found in

environmental, drug laws that affect public health, safety, and welfare.

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• Corporate Criminal Liability.Corporate Criminal Liability.–A corporation itself cannot be

imprisoned but can be convicted of crime through acts of its officers. –Liability of the Corporate Entity.• Crime is within agent/employee’s scope

of employment;

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• Corporate Criminal Liability (cont’d).Corporate Criminal Liability (cont’d).–Liability of the Corporate Entity

(cont’d).• Corporation fails to perform a legally

required duty; or• Crime authorized or requested by

corporate principal/officer.

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• Corporate Criminal Liability (cont’d).Corporate Criminal Liability (cont’d).–Liability of Corporate Officers and

Directors. • Corporate officers and directors are

personally liable for crimes they commit.• They may be criminally liable for acts

under the “Responsible Corporate Officer” doctrine.

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• Violent Crime.Violent Crime.–Murder, sexual assault, rape, robbery.

• Property Crime.Property Crime.–Burglary, larceny, theft of trade secrets,

theft of services, arson, receipt of stolen goods, forgery.

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• White Collar Crime. White Collar Crime. –Occurs in a business context using non-

violent means to obtain personal or business advantage.–Embezzlement. • CASE 6.1 People v. Sisuphan People v. Sisuphan (2010). Is

the intent to return stolen property a defense?

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• White Collar Crime (cont’d).White Collar Crime (cont’d).–Mail and Wire Fraud (federal).–Bribery.–Bankruptcy Fraud (federal).–Theft of Trade Secrets.–Insider Trading (federal).

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• Organized Crime.Organized Crime.–Operates illegitimately by providing

illegal goods and services:•Money Laundering.• RICO: Government must prove a “pattern

of racketeering activity” and defendant committed at least two offenses.

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• Classification of Crimes:Classification of Crimes:–Felony: serious crimes punished by

death or imprisonment for at least 1 year.–Misdemeanor: punished by fine or

confinement for less than 1 year.

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• Justifiable Use of Force.Justifiable Use of Force.–Self-Defense of People and Property:

can use deadly force if reasonable belief of imminent death or serious injury; cannot use deadly force to protect property alone.

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• NecessityNecessity. . Criminal act necessary to Criminal act necessary to prevent greater harm.prevent greater harm.• Insanity. Insanity. Person who suffers from Person who suffers from

mental illness may be incapable of the mental illness may be incapable of the state of mind required for the crime. state of mind required for the crime.

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• Mistake: Mistake: of of factfact may excuse crime. may excuse crime.• Duress: Duress: wrongful threat induces another wrongful threat induces another

to perform a criminal act.to perform a criminal act.• Entrapment. Entrapment. Key issue: was the Key issue: was the

defendant pre-disposed to commit the defendant pre-disposed to commit the act? act?

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• Statute of Limitations: Statute of Limitations: state must state must initiate criminal proceedings within initiate criminal proceedings within statutory period of time (except for statutory period of time (except for murder).murder).• Immunity: Immunity: government grants immunity government grants immunity

from prosecution in exchange for from prosecution in exchange for assistance.assistance.

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• U.S. Constitution provides specific U.S. Constitution provides specific safeguards for those accused of crimes safeguards for those accused of crimes at federal and state level.at federal and state level.• Criminal procedures are designed to Criminal procedures are designed to

protect against the arbitrary use of protect against the arbitrary use of power by the government. power by the government.

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• Fourth Amendment Protections.Fourth Amendment Protections.–Protection from unreasonable searches

and seizures.–Requirement that no warrant for a search

or an arrest be issued without probable cause.–CASE 6.2 U.S. v. Moon (2008). Search was

constitutional because Moon voluntary allowed agents to examine the files.

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• Fifth Amendment Protections.Fifth Amendment Protections.–Requires that no one be deprived of

“life, liberty, or property without due process of law.”–Prohibits double jeopardy (trying

someone twice for the same criminal offense). –Self-Incrimination.

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• Protections Under the Sixth and Protections Under the Sixth and Eighth Amendment.Eighth Amendment.–Guarantees of a speedy trial, public trial

by jury, right to confront witnesses, the right to a lawyer, excessive bail, cruel and unusual punishment.

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• The Exclusionary Rule and the The Exclusionary Rule and the MirandaMiranda Rule. Rule. –Evidence obtained in violation of the

Fourth Amendment is excluded from trial, including “Fruit of the Poisonous Tree.”• Case 6.3 Herring v. United States Herring v. United States (2009).

Is evidence inadmissible when seized based on mistaken belief of police?

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• The Exclusionary Rule and the The Exclusionary Rule and the MirandaMiranda Rule (cont’d). Rule (cont’d).– The Miranda Rule: based on U.S. Supreme

Court case of Miranda v. Arizona (1966) which required police to inform suspects of their constitutional rights.–Exceptions to Miranda: public safety,

certain confessions, suspect must unequivocally assert right to counsel.

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Arrest

Booking

Initial Appearance

Grand Jury Preliminary Hearing

Indictment Information

Arraignment

Plea Bargain

Guilty Plea Trial

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• Federal Sentencing Guidelines.Federal Sentencing Guidelines.–Shift Away from Mandatory

Sentencing.–Increased Penalties for Certain Crimes.

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