Bài giảng Business Law (13th edition) - Chapter 5: Crimes

Crimes & TortsCrimesIntentional TortsNegligence & Strict LiabilityIntellectual Property & Unfair Competition2McGraw-Hill/Irwin Business Law, 13/e© 2007 The McGraw-Hill Companies, Inc. All rights reserved.CrimesPAETRHC5“Wherever Law ends, Tyranny begins.” John Locke Learning ObjectivesThe nature and elements of a crimeConstitutional limitations on criminal lawCriminal procedureConstitutional protectionsCorporate crime5 - *Nature of CrimesCrimes are public wrongs, classified from most serious to least serious asFelonyMisdemeanorInfractionTo convict a defendant, government mustDemonstrate alleged acts violated criminal statuteProve defendant’s guilt beyond reasonable doubtProve defendant had criminal intent5 - *Proof and IntentDefendants presumed innocent until proven guilty beyond a reasonable doubtMost serious crimes require proof of defendant’s capacity for criminal intent (mens rea)Incapacity recognized: intoxication, infancy, and insanity5 - *Criminal ProcedureArrest and booking of defendantArrest report filed with prosecutorIf defendant charged, complaint filedDefendant’s initial appearance before judge Preliminary (probable cause) hearingIf probable cause exists, formal charge – information or indictment – filed with court5 - *Criminal ProcedureArraignment of defendant in which defendant enters a pleaGuilty, not guilty, no contestDefendant who pleads not guilty and faces incarceration for more than six months may choose a jury trialBench trial (judge only) also available 5 - *Constitutional ProtectionsBill of Rights: first ten amendments to the U.S. ConstitutionApplies to federal government and to states through due process clause of Fourteenth AmendmentConstitutionally-protected behavior cannot be criminal5 - *Fourth AmendmentFourth Amendment protects persons against unreasonable and arbitrary searches and seizures (protects privacy)General rule: warrantless searches are unreasonable (unconstitutional)See United States v. HallMany Fourth Amendment cases carve out exceptions to the general rule, establishing activities that do not constitute a search5 - *Warrantless SearchesSupreme Court has held that constitutional warrantless searches include: The area within an arrestee’s immediate controlPremises police enter in hot pursuit of an armed suspectStop-and-frisk searches for weaponsInventory searches of property (e.g., briefcase, automobile) in an arrestee’s possessionConsensual searches5 - *The Exclusionary RuleExclusionary rule prevents use of evidence seized in an illegal search in a subsequent trial of the defendant 5 - *Supreme Court restricts operation of the ruleFifth AmendmentFifth Amendment provides a privilege or protection against compelled testimonial self-incrimination Practical meaning: person may remain silent if making a statement would assist government in prosecuting the person Miranda warnings safeguard the rightAlso prohibits prosecutorial comments at trial about the defendant’s failure to testify5 - *Scope of Fifth AmendmentSelf-incrimination privilege applies toTestimonial admissions (non-testimonial evidence allowed, such as fingerprints, body fluids, hair)Humans only (not corporations)A defendant only if he/she could be charged with a crime (not merely a civil lawsuit)Double jeopardy clause protects defendants from multiple criminal prosecutions for the same offense5 - *Sixth AmendmentApplies to criminal cases by guarantees of a:5 - *Speedy trialImpartial juryRight to confront and cross-examine witnessesRight to effective assistance of counselWhite Collar CrimesUnder modern rule, a business organization may be liable for criminal offenses committed by employees who acted within the scope of their employment and for the benefit of the corporation5 - *Specific White Collar CrimesRegulatory offensesFraudulent actsSarbanes-Oxley Act violations Bribery and Illegal GratuitiesRacketeer Influenced and Corrupt Organizations Act (RICO) violationsComputer crime5 - *Test Your KnowledgeTrue=A, False = BTo convict a defendant of a crime, the government must prove beyond a reasonable doubt that the defendant committed the actsWriting an editorial using obscenities is not a crime since all speech is fully protected by the First Amendment to the ConstitutionOnly felonies with possibile imprisonment require proof of the defendant’s mens rea, or criminal intent5 - *Test Your KnowledgeTrue=A, False = BA defendant may choose one of three pleas: guilty, not guilty, and no contest The Bill of Rights is the first dozen amendments to the ConstitutionThe Fourth Amendment provides a privilege from self-incrimination and double jeopardyThe Fifth Amendment protects persons against unreasonable and arbitrary searches5 - *Test Your KnowledgeMultiple ChoiceSixth Amendment to the Constitution guarantees(a) Speedy trial(b) Right to confront and cross-examine witnesses(c) Right to effective assistance of counsel(d) Impartial jury(e) All of the above5 - *Test Your KnowledgeMultiple ChoiceWhich would not be a legal search under the Constitution?(a) Taking bag of shredded documents from the dumpster of a suspect(b) Aerial surveillance of a manufacturing plant (c) Thermal imaging device to detect heat in a home(d) A stop-and-frisk search for weapons5 - *Thought QuestionsWhat would you do if your employer asked you to do something you believed to be a crime? What would you do if you were arrested and you were NOT guilty of any crime?5 - *