chapter 7 criminal law
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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 ). - PowerPoint PPT PresentationTRANSCRIPT
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Chapter 7Criminal Law Chapter 7
Criminal Law
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Civil vs. Criminal Law
Civil vs. Criminal Law
Major differences:
Civil (Tort) CriminalPreponderance Beyond
Reasonable DoubtDamages Jail or Prison
Private (parties hire their own
attorneys)
Public (Prosecutor represents
society)
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Felonies Misdemeanors
Serious crimes, punishable by Death or prison for more than one (1) year.
Non-serious (petty) crimes punishable by jail for less than one(1) year and/or by fines.
Classification of Crimes
Classification of Crimes
An act can have both civil and criminal consequences. (O.J. Simpson trials)
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Criminal LiabilityCriminal 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).
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Corporate Criminal Liability
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).
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Crimes Affecting Business
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
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White-Collar Crimes
White-Collar Crimes
Crimes occurring in the business context using non-violent means to obtain personal or business advantage.
EmbezzlementMail and Wire Fraud
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Computer CrimeComputer Crime
Acts directed against computers and computer parts involving computers as tools of crime.
Any crime involving computer networks, viruses, data or hacking.
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White-Collar Crimes
White-Collar Crimes
Bribery Bankruptcy Fraud Money Laundering Insider Trading Theft of Trade Secrets RICO Violations
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Defenses to Criminal Liability
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.
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Defenses to Criminal Liability
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.
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Entrapment: prevents government from encouraging crimes. Key issue: was the defendant pre-disposed to commit the act?
Statute of Limitations. Immunity.
Defenses to Criminal Liability
Defenses to Criminal Liability
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Criminal Procedures
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.
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Criminal
Process
Criminal
ProcessG rand Jury D .A 's O ffice
Plea Barga inC h an g e o f P lea to G u ilty
T ria lP rosecu to r m u s t p rove
g u ilt b eyon d reason ab le d ou b t
S entenc ing
A rra ignm ent
Pre l im inary Hearing(D e te rm in es P rob ab le C au se)
In i tia l A ppearance(B e fo re Ju d g e)
A rres t(R eq u ires P rob ab le C au se)
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Fourth AmendmentFourth Amendment
The Fourth Amendment protects against unreasonable search and seizures.
No warrant for search or arrest can issue without probable cause.
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Fifth AmendmentFifth 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.
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Exclusionary RuleExclusionary 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.
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The “Miranda” Rule
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).
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Sixth AmendmentSixth 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.