Criminal Law

Business Law

Mr. DelPriore

What is a crime?

Punishable offense against society We identify, arrest, prosecute, punish

• To protect us!

Crimes are NOT civil offenses• Civil offenses = just against the victim

• Not society

Elements of a Crime

Duty to do, or not do, something• Described by the law- identify criminal behavior

Act or omission in violation of that duty• The actual CRIMINAL ACT

Criminal intent• Must be proven through the case

• Intended to commit act AND intended to do evil

• Not needed for less serious offenses• For example, traffic offenses

Criminal Intent and AGE During early Common Law:

• Below 7 = Below age of reason

• So lack criminal intent

• Over 14 = Know right and wrong

• Accountable for acts

• Between 7 and 14, must be proven

Today:• Most states, criminal liability at 18

• Some states from 16-19

• Some states, as young as 7 may be tried as adults

• For serious crimes

Criminal Conduct (PPPGRCD)

Classified as against:• Person (murder, rape, kidnapping, battery)

• Property (theft, robbery, embezzlement)

• Public peace/order (disorderly conduct, speeding)

• Government (perjury, tax evasion, treason)

• Realty (burglary, arson, criminal trespass)

• Consumers (food/drug laws, fraud)

• Decency (obscenity, prostitution, bigamy)

Felony vs. Misdemeanor Felony

• Crime punishable by >1 yr prison, >$1,000 fine• Either, or both

• And Death

• Murder, rape, arson, kidnapping, robbery, forgery

• Perjury: Lying under oath

Misdemeanor• Less serious crime- less than 1 yr in jail

• Disorderly conduct, speeding

• May be called infractions- only fines given for these

• Infraction examples: Littering, parking violations

Business-Related Crimes Often called “white collar crimes” Don’t involve violence, don’t cause injury

• Less serious punishments- fines, short prison time Examples:

• Income tax evasion and Fraud

• False insurance claims and False advertising

• Fixing prices and Bribery

• Political corruption and Embezzlement Anti-Trust Laws

• Competing companies may not cooperate to fix prices

• Requires businesses to compete

Crimes

Embezzlement• Taking another person’s property or money

• By a person who has been entrusted

If employees have criminal intent...• So does the company

If employee commits a crime...• Company can be held responsible

• Through doctrine of VICARIOUS CRIMINAL LIABILITY

• Vicarious = Substituted

Business-Related Crimes Larceny

• Theft- wrongful taking of money, property

• Robbery- variation of larceny• Taking from someone’s immediate presence

• Against victim’s will, by force or by fear

• Burglary- variation of larceny• Entering without permission, intending to commit crime

• Can be felony or misdemeanor• Determined by value of property stolen

• Robbery, burglary ALWAYS felonies

Business-Related Crimes

Receiving Stolen Property• Receiving, buying property known to be stolen

False Pretenses• Obtains money, property by lying

• Differs from larceny because:• Victim parts with the property willingly

Forgery• Falsely making or altering writing fraudulently

• Commonly done with checks• Signing without permission, or changing a number

• Usually a felony

Business-Related Crimes

Bribery• Offering something of value to influence

• Usually someone in position of power

• Soliciting or accepting bribe, also criminal

• Bribe to lose a game intentionally- criminal Computer Crime

• States create new laws for computer crimes Extortion

• Also known as blackmail

• Obtaining money, property by use of force, fear, power

• May threaten physical violence

Business-Related Crimes Conspiracy

• Agreement between 2 or more people

• To commit a crime- usually secret

• Felony or misdemeanor

Arson• Burning of a building

• Intentionally start fire without owner’s consent

• Some states, burn own building is arson• To get insurance money

Criminal Procedure Protect individuals from certain actions

• Federal government actions Rights when Arrested

• Don’t have to testify against yourself

• Right to cross-examine witnesses

• Right to a lawyer, trial by jury

• Guilt beyond a reasonable doubt Responsibility for Others’ Actions

• Aiding in commission of crime- GUILTY

• Planning crime, driving to/from, “lookout”

Defenses to Criminal Offenses Two types:

• Procedural Defenses

• Substantive Defenses

Procedural Defenses• Based on problems with way evidence obtained

• Way person arrested, questioned, tried, punished

• Ignorance of law = NOT a defense!

• Example: Not being read your rights at arrest

• Example: Being brutally tortured at arrest

Substantive Defenses Disprove, justify, excuse the crime Discredit facts established Self-defense, criminal insanity, immunity Self-Defense

• Use of force needed to prevent death, serious harm, rape, or kidnapping

• Extends to members of family/household

• Must be reasonable- can’t use brutal force if not necessary

Substantive Defenses Criminal Insanity

• Does not know difference between right/wrong

• No criminal intent… so no crime! Immunity

• Freedom from prosecution even when the crime is committed!

• Plea deal… in agreement to implicate others

• Still refuse to talk after immunity?• In Contempt of Court: Hinders administration of

justice• Punishable by imprisonment!

Criminal Punishments Punishment

• Penalty provided by law, imposed by court

• Meant to discipline

• Should be swift and certain to DETER others

Maximum limits for punishments• But, judge has discretion to give lesser

Plea Bargaining• Give up right to public trial

• Avoid risk of greater penalty if convicted

What is a crime?

________________________________ We identify, _______, prosecute, punish

• To protect us!

Crimes are NOT ___________________• Civil offenses = just against ______________

• Not society

Elements of a Crime

___________________________________• Described by the law- identify criminal behavior

___________________________________• The actual CRIMINAL ACT

___________________________________• Must be proven through the case

• Intended to commit act AND intended to do evil

• Not needed for less serious offenses• For example, traffic offenses

Crimes

Embezzlement• Taking another person’s property or money

• By a person who _______________________________

If employees have criminal intent...• So does ________________________

If employee commits a crime...• Company ______ be held responsible

• Through doctrine of VICARIOUS CRIMINAL LIABILITY

• Vicarious = __________________________

Criminal Intent and AGE During early Common Law:

• Below 7 = ___________________________________

• So lack criminal intent

• Over 14 = ___________________________________

• Accountable for acts

• Between 7 and 14, ____________________________

Today:• Most states, criminal liability _________

• Some states from 16-19

• Some states, as young as ____ may be tried as adults

• For serious crimes

Criminal Conduct (PPPGRCD)

Classified as against:• Person (________________________________)

• Property (_______________________________)

• Public peace/order (______________________)

• Government (___________________________)

• Realty (________________________________)

• Consumers (____________________________)

• Decency (______________________________)

Felony vs. Misdemeanor Felony

• Crime punishable by ____________________________• Either, or both

• And Death

• Murder, rape, arson, kidnapping, robbery, forgery

• Perjury: ______________________________________

Misdemeanor• Less serious crime- _____________________________

• Disorderly conduct, speeding

• May be called ____________- only fines given for these

• Infraction examples: ____________________________

Business-Related Crimes Often called “__________________________” Don’t involve ___________, don’t cause injury

• Less serious punishments- fines, short prison time Examples:

• ___________________________________________

• ___________________________________________

• Fixing prices and Bribery

• Political corruption and Embezzlement Anti-Trust Laws

• Competing companies may not cooperate to fix prices

• Requires businesses to ________________________

Business-Related Crimes Larceny

• Theft- wrongful taking of money, property

• Robbery- variation of larceny• ____________________________________________

• Against victim’s will, by force or by fear

• Burglary- variation of larceny• ____________________________________________

• Can be felony or misdemeanor• Determined by value of property stolen

• Robbery, burglary ALWAYS ___________________

Business-Related Crimes

Receiving Stolen Property• Receiving, buying property known to be stolen

False Pretenses• Obtains money, property _______________________

• Differs from larceny because:• _____________________________________________

Forgery• Falsely making or altering ______________________

• Commonly done with checks• _____________________________________________

• Usually a felony

Business-Related Crimes

Bribery• Offering something of value _____________________

• Usually someone in position of power

• Soliciting or __________________ bribe, also criminal

• Bribe to lose a game intentionally- criminal Computer Crime

• States create new laws for computer crimes Extortion

• Also known as ____________________________

• Obtaining money, property by use of force, fear, power

• May threaten ______________________________

Business-Related Crimes Conspiracy

• Agreement ___________________________

• To commit a crime- usually secret

• Felony or misdemeanor

Arson• ____________________________________

• Intentionally start fire without owner’s consent

• Some states, burn own building is arson• To get _______________________________

Criminal Procedure Protect individuals from certain actions

• Federal government actions Rights when Arrested

• Don’t have to testify against _____________

• Right to _____________________________

• Right to a ____________, trial by _________

• Guilt beyond a reasonable doubt Responsibility for Others’ Actions

• Aiding in commission of crime- GUILTY

• ____________________________________

Defenses to Criminal Offenses Two types:

• ______________________ Defenses

• ______________________ Defenses

Procedural Defenses• Based on problems with ___________________

• Way person arrested, questioned, tried, punished

• Ignorance of law = ________________________

• Example: _______________________________

• Example: Being brutally tortured at arrest

Substantive Defenses __________________________ the crime Discredit facts established Self-defense, criminal insanity, immunity Self-Defense

• _________________________ needed to prevent death, serious harm, rape, or kidnapping

• Extends to members of family/household

• Must be _______________________- can’t use brutal force if not necessary

Substantive Defenses Criminal Insanity

• Does not know difference between ___________

• No ________________________… so no crime! Immunity

• Freedom from prosecution even when the crime is committed!

• Plea deal… in agreement to implicate others

• Still refuse to talk after immunity?• ________________________: Hinders administration

of justice• Punishable by imprisonment!

Criminal Punishments Punishment

• Penalty provided by law, imposed by court

• _______________________________________

• Should be swift and certain to _______________

Maximum limits for punishments• But, judge has ___________________________

Plea Bargaining• Give up right to public trial

• Avoid risk of __________________ if convicted