Chapter 4

Criminal Law and Procedure

4-1 Criminal Law
4-2 Criminal Procedure

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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

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Crimes and Criminal Behavior
 What is a Crime?
 A punishable offense against society
 It’s a breach of the peace essential to that
society’s functioning for the good of all

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CRIMES AND CRIMINAL
BEHAVIOR
 Three elements of criminal acts (these must
be proven to be convicted of a crime)
 Duty
 Everyone’s legal responsibility to conform to the law
 Violation of the duty
 Conduct of a defendant that violates a statute
 Criminal intent
 Defendant intended to commit the specific act

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Criminal Intent
 Two Issues in regard to Corporations:
 If employees are judged to have criminal intent,
then the corporation may be judged to have
criminal intent
 If employees were doing assigned duties and the
criminal act benefits the corporation, then courts will
uphold that the organization had criminal intent
 When an employee committs a crime, the officers
of the corporation can be held responsible.
(vicarious criminal liability)
 Age and mental capacity are also issues

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 What three elements must be proven at
trial before someone can be convicted
of a crime?

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CLASSIFICATIONS OF CRIMES
(Examples of each)
 Felony
 Crime punishable by confinement for more than a
year or by a fine of more than $1,000, or both--
even death.

 Misdemeanor (Infractions)
 Less serious crime punishable for less than a
year in jail, less than a $1,000 fine.

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 Name the two categories of crimes
classified by the severity of their
potential sentences.

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BUSINESS-RELATED CRIMES

White Collar Crime

Crimes that are committed in the business world do not
generally involved violence

 Larceny  Computer crime

 Receiving stolen  Extortion
property  Conspiracy
 False pretenses  Arson
 Forgery
 Bribery

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 Name the types of business-related
crimes.

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Assignment
 Assessment Questions p. 70, 1-6
 Business Related Crimes Poster
 Choose one of the business related crimes from
the text and create a poster depicting that crime
 You may use publisher or draw from hand
 State the crime and choose pictures that
represent that crime.
 Print to the color printer.

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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

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RIGHTS AND RESPONSIBILITIES
People accused of criminal conduct in the US
have rights that are not available in other
countries
 Rights of the accused
 Probably cause
 Representation
 Must prove guilty beyond a reasonable doubt
 Right to a jury

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Rights & Responsibilities (continued)
 Responsibility for the criminal conduct of
others
 Knowingly aiding or planning with another in a
crime is also guilty
 Corporations can be held liable for the conduct of
their employees

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 What constitutional rights would you
have if you were accused of a crime?

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DEFENSES TO CRIMINAL
CHARGES
Must prove beyond a reasonable doubt that
someone is guilty
Procedural defenses
 Problems with the way evidence is obtained
 Problems with the way someone is arrested
Substantive defenses
 Disprove, justify, or excuse the alleged crime
 Self-defense
 Insanity
 Immunity
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 Name the two defense categories and
give an example of each.

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PUNISHMENTS FOR CRIMES
 Fines
 Imprisonment
 Execution

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 What is the purpose of punishment for
a crime?

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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.
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Assignment
 CREATE A POSTER ON BUSINESS
RELATED CRIMES
 Choose 3 out of the 9 types of Business Related
Crimes and create a poster defining and
representing each. Make sure each type of crime
is stated, defined and represented visually.
 You may either use the computer or draw out on
paper.

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