BUSA+Business+and+Online+Crimes+(8) - Business Crimes and...

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Business Crimes and Online Crimes BUSINESS CRIMES AND ONLINE CRIMES When are you guilty beyond a reasonable doubt? I. Overview One of the most frequently posed questions to members of the legal profession is: "How can you defend someone you know is guilty of a crime?" The answer lies in a simple truth: we are defending not only the accused but also the criminal justice system. Because of this dual role, no other area of law is more ripe with controversy than criminal law and criminal procedure. The American system of criminal law has been at the center of constant debate since the inception of the republic. On one side, there is a clear duty on the part of the sovereign to protect its populace from the ravages of miscreants whose behavior simply cannot be tolerated. On the other hand, the easier it is for the sovereign to punish, incarcerate, or even condemn its members to death, the less free the entire society is in the end. Our criminal justice system is designed to afford maximum protection for society’s members. It is the government's burden of proof to show guilt beyond a reasonable doubt under the law of criminal procedure. The accused is entitled to an entire set of legal protections generically called due process. That phrase is derived from two provisions in the U.S. Constitution: one in the Fifth Amendment pertaining to actions by the federal government and one in the Fourteenth Amendment pertaining to actions by state governments. Under these provisions and the numerous federal, state, and local criminal codes, our system tells the sovereign we are presumed innocent until properly proven guilty according to the rules of the game. What upsets so many people in our society today is a concern that the rules may have been bent too far in favor of the accused. As students of the legal system and as potential leaders in business, your job is to know what those rules of the game are and to learn how to comply with them as responsible members of society. Failure to do so is not only bad for business; it is bad for everyone. II. Hypothetical Multi-issue Essay Question Mergatroyd T. Wheeler has really come up with something. He has found a way in which his newly patented automobile engine could run on alternative energy. That alternative source of energy is found in a secret process that can turn cow pies into horsepower. His tests showed he could get twenty miles per pie (mpp) behind the wheel of his prototype named B.S. Bukaroo. Mergatroyd took his idea to a large and prestigious investment banking firm, Wee, Cheatum, and Howe, to promote and sell shares in his new company named Go Pies. The financial records of the company were certified by I, Know, and Nothing CPAs. Shares in the new company were publicly sold to investors from all fifty states. The company failed because the engine would only run on extremely odiferous pies, and now a
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This note was uploaded on 03/19/2008 for the course BUSA 2106 taught by Professor Lee during the Summer '07 term at University of Georgia Athens.

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BUSA+Business+and+Online+Crimes+(8) - Business Crimes and...

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