Transcript Slide 1

Chapter 6: Criminal Law
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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?
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Civil Law and Criminal Law
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Key Differences between Civil Law and
Criminal Law
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Civil and Criminal Liability for Same Act
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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.
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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.
• Corporate officers and directors can
be criminally liable under the
“Responsible Officer” doctrine.
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Types of Crimes
• Violent Crime.
– Crimes against persons (murder, rape).
– Robbery is a violent crime.
• Property Crime: most common, involves
money or property:
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Burglary.
Larceny.
Obtaining Goods by False Pretenses.
Receiving Stolen Goods.
Arson.
Forgery.
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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.
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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.
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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.
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Defenses to Criminal Liability
Justifiable Use of
Force.
Duress.
Necessity.
Entrapment.
Insanity.
Statute of
Limitations.
Mistake.
Immunity.
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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 United States v. Moon.
State officials can seize business records
without a warrant if owner agrees to search.
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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
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Six and Eighth Amendments
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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.
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Exclusionary Rule and the Miranda Rule
• Exclusionary 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.
Evidence obtained during a search incident to
a ‘mistaken’ arrest is admissible.
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Exclusionary Rule and the Miranda Rule
• Miranda v. Arizona (1966).
– Inform suspect of his rights.
– Exceptions:
• Public Safety
• Coercion.
• Illegally obtained evidence.
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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.
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