Meiners 10e ppt Ch. 5

Meiners 10e ppt Ch. 5 - Criminal Law and Business Chapter 5...

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Criminal Law and Business Chapter 5
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Chapter Issues Crime and Crime Categories Prosecution of Crimes Evidence Prosecution White Collar Crime Sentencing Guidelines and Compliance
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Crime Crime : Positive or negative act that violates a penal law Not civil law Act against a state or federal government or even local government Congress and state legislatures decide the criminality of actions Governments determine punishments Seen more and more in the business context Computer and technology have created new versions of old criminal laws e.g. unauthorized entry into computers is the new version of breaking and entering laws
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Crime Categories Felonies more serious than misdemeanors Classifications (Class A, Class B) and degrees (first degree, second degree) denote seriousness of criminal charge Violent crimes – murder, manslaughter Non-violent victim crimes – vehicle theft, burglaries Victimless crimes – possession of illegal drugs White collar crimes – embezzlement, bribery, fraud Punishment depends on the category under which a person is convicted Some crimes punished by death Imprisonment Fines Removal from public office Disqualified from holding office or voting
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Prosecution of Crimes Government agencies decide who will be charged with a crime. Prosecutors receive reports, and results of investigations. Prosecutors then decide whether or not to bring charges. Not all claims of criminal activity are investigated Politics & personal preference may come into play in decisions by prosecutors. Process not perfect. Requirements for conviction: Actus reus – the guilty act Mens rea – criminal intent See People v. Salas
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People v. Salas -- facts Salas ran number of partnerships – bought property for development He and employees called people asking for investment in partnerships State investigated; criminal charges for selling unregistered securities Defendants admitted that securities were not registered, BUT claimed they believed partnership interests were exempt from registration Trial court instructed jury that good faith belief was irrelevant to criminal culpability Appeals court reversed, holding that trial court should have instructed that guilty knowledge (either knowledge or criminal negligence in failure to determine status of a security) is an element in unregistered security crime. Decision appealed to California high court.
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People v. Salas Discussion by CA Supreme Court Depending on the crime, either guilty knowledge or criminal negligence may create criminal conduct. Defendant is not guilty of selling unregistered securities if there is a reasonable doubt that he knew security was not exempt from regulation or was criminally negligent in failing to show that security was not exempt.
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This note was uploaded on 09/01/2010 for the course LAW 567 taught by Professor A.moorty during the Spring '10 term at Anna University.

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Meiners 10e ppt Ch. 5 - Criminal Law and Business Chapter 5...

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