CHAPTER 4
Criminal Law and
Procedure
4-1
4-2
Criminal Law
Criminal Procedure
LAW for Business and Personal Use
© 2012 Cengage Learning. All Rights Reserved.
May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
4-1
Criminal Law
 GOALS
 Understand the three elements that make up a
criminal act
 Classify crimes according to the severity of their
potential sentences
 Identify the types of crimes that affect business
LAW for Business and Personal Use
Chapter 4
© 2012 Cengage Learning. All Rights Reserved.
May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
SLIDE 2
What is a CRIME?
 A punishable offense
 Breach of the peace
 Identify a domestic or foreign situation where
society’s peace has been destroyed.
 What is the result of this situation?
LAW for Business and Personal Use
Chapter 4
© 2012 Cengage Learning. All Rights Reserved.
May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
SLIDE 3
CRIMES AND CRIMINAL
BEHAVIOR
 Elements of criminal acts that must be
proven at trial
 Duty
 Did you have a duty to do or not to do a certain thing?
 Violation of the duty
 Did you perform an act in violation of that duty?
 Criminal intent
 Did you have criminal intent?
 Shooting at High School
LAW for Business and Personal Use
Chapter 4
© 2012 Cengage Learning. All Rights Reserved.
May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
SLIDE 4
CLASSIFICATIONS OF CRIMES
 Felony-more serious crime
 Punishment:
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State prison > than 1 year
Fine > $1,000
Both
death
 Misdemeanor-less serious crime
 Punishment:
 City/county jail < than 1 year
 Fine < $1,000
 both
10 most wanted
LAW for Business and Personal Use
Chapter 4
© 2012 Cengage Learning. All Rights Reserved.
May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
SLIDE 5
Crimes Against
Type of Crime
A person
Assault/battery
Kidnapping
Hate Crime
Murder
Property
Theft
Embezzlement
Robbery
Government/administration of
Justice
Treason
Public Peace/Order
Rioting
Disorderly Conduct
Illegal speeding
Realty
Burglary
Consumers
Fraudulent Sale of Securities
Violation of Pure Food & Drug Laws
Decency
Bigamy
Tax Evasion
Rape
Perjury
Arson Criminal Trespass
Obscenity
Prostitution
LAW for Business and Personal Use
Chapter 4
© 2012 Cengage Learning. All Rights Reserved.
May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
SLIDE 6
LAW for Business and Personal Use
Chapter 4
© 2012 Cengage Learning. All Rights Reserved.
May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
SLIDE 7
BUSINESS-RELATED CRIMES
 Larceny - theft
 Receiving stolen
property - fence
 False pretenses - fraud
 Forgery – felony
 Bribery
 Computer crime
 Extortion - blackmail
 Conspiracy –
agreement to commit
 Arson
LAW for Business and Personal Use
Chapter 4
© 2012 Cengage Learning. All Rights Reserved.
May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
SLIDE 8
Top 10 White Collar Crime Cases
 Enron collapse
 Adelphia collapse


Worldcom
accounting scandal
 Bernie Madoff Ponzi
scheme
 InStock trading
scandal
 Countrywide political
loan scandal
Tyco accounting
scandal
 HealthSouth
accounting scandal
 Jack Abramoff
lobbying scandal
 Marcus Schrenker
fraud and attempted
fake death
LAW for Business and Personal Use
Chapter 4
© 2012 Cengage Learning. All Rights Reserved.
May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
SLIDE 9
4-2
Criminal Procedure
 GOALS
 Know the rights people have when arrested and
their potential criminal liability for the action of
others
 Name and describe the two types of defenses to
criminal charges
 Understand appropriate punishment for crimes
 Explain the steps in criminal procedure
LAW for Business and Personal Use
Chapter 4
© 2012 Cengage Learning. All Rights Reserved.
May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
SLIDE 10
RIGHTS AND RESPONSIBILITIES
 Rights of the accused
 Fair procedures
 Attorney representation
 Trial by jury
 Responsibility for the criminal conduct of
others
 Aiding and abetting
LAW for Business and Personal Use
Chapter 4
© 2012 Cengage Learning. All Rights Reserved.
May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
SLIDE 11
DEFENSES TO CRIMINAL
CHARGES
Legal position taken by an accused
 Procedural defenses
 How evidence is obtained
 Arrest, interrogation, trial, punishment
 Substantive defenses




Discredit the facts
Self defense
Criminal insanity
immunity
LAW for Business and Personal Use
Chapter 4
© 2012 Cengage Learning. All Rights Reserved.
May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
SLIDE 12
PUNISHMENTS FOR CRIMES
 Fines
 Imprisonment
 Execution
LAW for Business and Personal Use
Chapter 4
© 2012 Cengage Learning. All Rights Reserved.
May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
SLIDE 13
PROCEDURE FOR A CRIMINAL
TRIAL
 Pre-trial criminal procedure


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

Investigation
Information
Indictment
Arraignment
Preliminary hearing
bail
LAW for Business and Personal Use
Chapter 4
© 2012 Cengage Learning. All Rights Reserved.
May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
SLIDE 14
Procedure continued
 Preparations for Trial
 Investigation
 Witnesses preparation
 motions
LAW for Business and Personal Use
Chapter 4
© 2012 Cengage Learning. All Rights Reserved.
May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
SLIDE 15
Procedures continued
 Procedure at Trial

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Jury selection
Opening statements
Evidence is presented
Closing remarks
Jury instructions
verdict
LAW for Business and Personal Use
Chapter 4
© 2012 Cengage Learning. All Rights Reserved.
May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
SLIDE 16
PREVENT
LEGAL
DIFFICULTIES
 As a citizen . . .
 Work to know the law and to live within its
requirements.
 Never intentionally do something illegal.
 Never misrepresent a fact to obtain the goods or
services of others.
 Never threaten others with an illegal act to cause
them to do something.
 If arrested, immediately contact a lawyer.
 Know your rights and make use of them.
LAW for Business and Personal Use
Chapter 4
© 2012 Cengage Learning. All Rights Reserved.
May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
SLIDE 17