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BLRB06 - Business Law and the Regulation of Business...

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Unformatted text preview: Business Law and the Regulation of Business Regulation Chapter 6: Criminal Law Chapter By Richard A. Mann & Barry S. Roberts Topics Covered in this Chapter Topics A. Nature of Crimes B. White-Collar Crime C. Crimes Against Business D. Defenses to Crimes E. Criminal Procedure Nature of Crimes Definition – any act or omission forbidden by public law. forbidden s Essential Elements s – Actus Reus – wrongful or overt act. wrongful – Mens Rea – criminal intent or mental fault. Rea criminal s Classification – Felony – a serious crime. serious – Misdemeanor – a less serious crime. less Degrees of Mental Fault Degrees Type Fault Required Examples Subjective Fault Purposeful Knowing Reckless Negligent Careless None Larceny Embezzlement Careless Driving Issuing bad check (some states) Sale of alcohol to minor Sale of adulterated food Objective Fault Liability without Fault Liability Liability Vicarious Liability – liability imposed Liability for acts of employees if the employer directed, participated in, or approved of the acts. the s Liability of a Corporation – under of certain circumstances a corporation may be convicted of crimes and punished by fines. punished s White-Collar Crime Definition – nonviolent crime involving deceit, corruption, or breach of trust. deceit, s Computer Crime – use of a computer Crime to commit a crime. to s Racketeer Influenced and Corrupt Racketeer Organizations Act (RICO) – federal Organizations law intended to stop organized crime from infiltrating legitimate businesses. from s Crimes Against Business s away of personal property of another with the intent to deprive the victim permanently of the property. of s Embezzlement – taking of another's property by a person who was in lawful possession of the property. possession s False Pretenses – obtaining title to Pretenses property of another by means of representation one knows to be materially false; made with intent to defraud. false; Larceny – trespassory taking and carrying Crimes Against Business s Robbery – committing larceny with the use or threat of force. use s Burglary – under most modern statutes, an entry into a building with the intent to commit a felony. the s Extortion – making threats to obtain money or property. money Crimes Against Business s Bribery – offering money or property to a public official to influence the official's decision. official's s Forgery – intentional falsification of a document to defraud. document s Bad Checks – knowingly issuing a Checks check without funds sufficient to cover the check. the Defenses to Crimes s individuals may use reasonable force to protect themselves, other individuals, and their property. their s Duress – coercion by threat of serious bodily harm; a defense to criminal conduct other than murder. other s Mistake of Fact – honest and reasonable of Fact belief that conduct is not criminal. belief s Entrapment – inducement by a law enforcement official to commit a crime. enforcement Defense of Person or Property – Criminal Procedure Criminal s Steps in Criminal Prosecution – generally include arrest, booking, formal notice of charges, preliminary hearing to determine probable cause, indictment or information, arraignment, and trial. and Constitutional Protections Constitutional s individuals against unreasonable searches and seizures. and s Fifth Amendment – protects persons Amendment against self-incrimination, double jeopardy, and being charged with a capital crime except by grand jury indictment. except s Sixth Amendment – provides the accused with the right to a speedy and public trial, the opportunity to confront witnesses, process for obtaining witnesses, and the right to counsel. and Fourth Amendment – protects Amendment Constitutional Protection for the Criminal Defendant Criminal Amendment Fourth Fifth Protection Conferred Freedom from unreasonable search and seizure Due process Right to indictment by grand jury for capital crimes* Freedom from double jeopardy Freedom from self-incrimination Right to speedy, public trial by jury Right to be informed of accusations Right to confront witnesses Right to present witnesses Right to competent counsel Freedom from excessive bail Freedom from cruel and unusual punishment Sixth Eighth *This right has not been applied to the States through the Fourteenth Amendment. ...
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