bus 154 2nd revised notes - BUSINESS LAW CRIMES ELEMENTS...

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BUSINESS LAW 02/08/2016 ° CRIMES ELEMENTS ° Criminal Law Crimes – wrongful acts as prescribed by law committed against society/individual o States (defense attorney) prosecutes criminal actor o Victims of crimes may bring a civil act against criminal actor in civil court. Proof standard in civil court is “preponderance of evidence” or “clear and convincing evidence” ° Elements of a Crime Statute – there must be a statute in codes prescribing that the act is a crime. o Statutory limitation – when the legislative branch writes a statute, there are “constitutional limitations Article 1, Section 9 Writs of habeas corpus – petition to federal courts to determine if there is lawful detention by government Ex Post Facto Laws – laws cannot have retroactive affect Bills of Attainder – there can be no punishment inflicted by law without judicial determination First amendment Due process Equal protection clause Corpus delicti – body of a crime. o Government must produce evidence that a crime was committed and that the “accused” was involved. Grand jury indictment (federal level) – government presents evidence to “citizens” to meet “corpus delicti standard” Proof standard – burn of producing evidence
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Preliminary Hearing – government presents evidence to a judge to meet corpus delicti standard Proof standard – burn of producing evidence Proof standard – proof beyond a reasonable doubt. Government must convince the “fact finder” to a moral/absolute certainty that the person committed the criminal act and had the requisite state of mind. o Mental state of mind (Mens Rea) – accused must have the “statutory state of mind” Specific intent – purposeful, knowing state of mind . Usually must show what accused did prior to committing crime, such as planning, preparation, premeditation, and deliberation. Crimes – murder, fraud, theft, arson, inchoate crimes. General Intent – reckless conduct. Accused is aware of the substantial likelihood of injury to another, consciously disregards the substantial likelihood of injury and injury results from said conduct. Crimes – manslaughter, rape, battery Voluntary Act (Actus Reus) Criminal Act must be product where the accused ahs control of the “physical faculties”. Not the product of automatism. Defenses o Infancy – Minor under 14 incapable of formulating criminal intent Fitness hearing will determine if minor should be tried as adult is suitable for continued “juvenile court supervision- minor will be released at age 25 of suitable for juvenile court supervision Criteria Age (closer to 18 – adult; closer to 14 – minor), seriousness of crime, sophistication of crime, parental supervision, prior contact with law enforcement , performance conduct and conduct in school. Over 13 to 18 - can be tried as an adult.
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  • Fall '14
  • criminal law, person, criminal act, Specifically Manufactured Goods, Harassment activities

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