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518-7The Reg of Bus Through Crim Law

518-7The Reg of Bus Through Crim Law - CHAPTER SEVEN The...

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CHAPTER SEVEN The Regulation of Business Through Criminal Law Introduction Various sanctions are used to assure business can compete and flourish. These sanctions include civil law, such as damages for tortious conduct or breach of contract as well as equitable remedies such as injunctions. These remedies are not always sufficient deterrents. Whenever there is a violation of criminal law, only the government can prosecute The burden of proof is different (beyond a reasonable doubt) The Fifth Amendment right against self-incrimination does not apply in civil cases CLASSIFICATION OF CRIMES 1. Felonies; 2. Misdemeanors. 3. Petty offenses Criminal statutes do not specify crimes as felonies or misdemeanors. The difference is found in the kind of punishment. Serious crimes that are punishable by death or imprisonment in a federal or state penitentiary for more than a year are felonies. The Model Penal Code specifies four degrees of felony: 1. Capital offenses, for which the maximum punishment is death; 2. First-degree felonies, punishable by a maximum penalty of life imprisonment; 3. Second-degree felonies, punishable by a maximum of ten years’ imprisonment; and 4. Third-degree felonies, punishable by up to five years’ imprisonment. Any crime not a felony is a misdemeanor. Misdemeanors are crimes punishable by a fine or confinement for up to a year in a local jail instead of a penitentiary, i.e. disorderly conduct and trespass. Whether a crime is a felony or a misdemeanor may also determine which court will try the case. Petty offenses may not be classified as a crime, but as a civil matter, are minor violations such as violations of building codes The offender may be incarcerated for a few days, fined or both The burden of proof is to a preponderance of the evidence Criminal Statutory Law The source of criminal law is now primarily statutory, although common law was once the main body of criminal law. Crimes, the elements of the crimes, and their punishment are specifically set out in statutes. Most crimes require an act of commission Criminal statutes are narrowly interpreted by the courts Constitutional Safeguards
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It is far worse for an innocent person to be punished than for the guilty to go free A person is innocent until proven guilty beyond a reasonable doubt Constitutional safeguards apply to the states through the 14 th Amendment Miranda v. Arizona held that police must advise suspects of their constitutional rights prior to interrogation Dickerson v. United States Criminal Procedure Before a warrant for arrest may be issued, there must be: Probable Cause A substantial likelihood that the individual has committed a crime There are exceptions to the requirement for a warrant, but the standard is still probable cause There are two ways to bring the accused to trial: Indictment Grand jury 16 to 24 citizens Information Magistrate Trial Proof beyond a reasonable doubt BASIC ELEMENTS OF CRIMINAL RESPONSIBILITY 1. A specified state of mind, or intent, on the part of the actor ( mens rea ) 2.
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518-7The Reg of Bus Through Crim Law - CHAPTER SEVEN The...

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