Business Law and the Regulation of Business Chapter 6: Criminal

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Business Law and the

Regulation of Business

Chapter 6: Criminal Law

By

Richard A. Mann

&

Barry S. Roberts

Topics Covered in this Chapter

A. Nature of Crimes

B. White-Collar Crime

C. Crimes Against Business

D. Defenses to Crimes

E. Criminal Procedure

Nature of Crimes

 Definition – any act or omission forbidden by public law.

 Essential Elements

– Actus Reus – wrongful or overt act.

– Mens Rea – criminal intent or mental fault.

 Classification

– Felony – a serious crime.

– Misdemeanor – a less serious crime.

Degrees of Mental Fault

Type

Subjective Fault

Objective Fault

Liability without

Fault

Fault Required Examples

Purposeful

Knowing

Reckless

Larceny

Embezzlement

Negligent

Careless

Careless Driving

Issuing bad check

(some states)

None

Sale of alcohol to minor

Sale of adulterated food

Liability

 Vicarious Liability – liability imposed for acts of employees if the employer directed, participated in, or approved of the acts.

 Liability of a Corporation – under certain circumstances a corporation may be convicted of crimes and punished by fines.

White-Collar Crime

 Definition – nonviolent crime involving deceit, corruption, or breach of trust.

 Computer Crime – use of a computer to commit a crime.

 Racketeer Influenced and Corrupt

Organizations Act (RICO) – federal law intended to stop organized crime from infiltrating legitimate businesses.

Crimes Against Business

 Larceny – trespassory taking and carrying away of personal property of another with the intent to deprive the victim permanently of the property.

 Embezzlement – taking of another's property by a person who was in lawful possession of the property.

 False Pretenses – obtaining title to property of another by means of representation one knows to be materially false; made with intent to defraud.

Crimes Against Business

Robbery

– committing larceny with the use or threat of force.

Burglary

– under most modern statutes, an entry into a building with the intent to commit a felony.

Extortion

– making threats to obtain money or property.

Crimes Against Business

Bribery

– offering money or property to a public official to influence the official's decision.

Forgery

– intentional falsification of a document to defraud.

Bad Checks

– knowingly issuing a check without funds sufficient to cover the check.

Defenses to Crimes

Defense of Person or Property – individuals may use reasonable force to protect themselves, other individuals, and their property.

Duress – coercion by threat of serious bodily harm; a defense to criminal conduct other than murder.

Mistake of Fact – honest and reasonable belief that conduct is not criminal.

Entrapment – inducement by a law enforcement official to commit a crime.

Criminal Procedure

 Steps in Criminal Prosecution – generally include arrest, booking, formal notice of charges, preliminary hearing to determine probable cause, indictment or information, arraignment, and trial.

Constitutional Protections

Fourth Amendment – protects individuals against unreasonable searches and seizures.

Fifth Amendment – protects persons against self-incrimination, double jeopardy, and being charged with a capital crime except by grand jury indictment.

Sixth Amendment – provides the accused with the right to a speedy and public trial, the opportunity to confront witnesses, process for obtaining witnesses, and the right to counsel.

Constitutional Protection for the

Criminal Defendant

Amendment

Fourth

Fifth

Sixth

Eighth

Protection Conferred

Freedom from unreasonable search and seizure

Due process

Right to indictment by grand jury for capital crimes*

Freedom from double jeopardy

Freedom from self-incrimination

Right to speedy, public trial by jury

Right to be informed of accusations

Right to confront witnesses

Right to present witnesses

Right to competent counsel

Freedom from excessive bail

Freedom from cruel and unusual punishment

*This right has not been applied to the States through the Fourteenth Amendment.

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