Ch 08 notes - Business & Online Crimes

Ch 08 notes - Business & Online Crimes - Business...

Info iconThis preview shows pages 1–3. Sign up to view the full content.

View Full Document Right Arrow Icon
Business Law Wednesday, October 7, 2009 The biggest difference is the standard of proof o In criminal law, the accused must be found guilty beyond a reasonable doubt In criminal law: o You are presumed innocent until proven guilty o The b urden of proof is on the government to prove that the accused is guilty of the crime charged o Conviction requires unanimous jury vote Definition of a Crime Crime : A violation of a statute for which the government imposes a punishment 1. a. Penal codes : Collection of criminal statutes (see below) that define in detail the activities considered to be crimes within their jurisdictions and the penalties that will be imposed for their commission b. Regulatory Statutes : Statutes that provide for criminal violations & penalties (e.g. environmental laws, securities laws, antitrust laws) c. Purposes of imprisonment i. Incapacitate the criminal so he/she will not harm others in society ii. Provide a means to rehabilitate the criminal iii. Deter others from similar conduct iv. Inhibit personal retribution by the victim 2. Parties to a Criminal Action a. Plaintiff: The government (not a private party) i. Prosecutor : Lawyer that represents the government b. Defendant: The accused (usually an individual or a business) i. Defense attorney : Represents the defendant 1. Otherwise known as a public defender when it’s provided by the government C LASSIFICATION OF C RIMES Classificati on Definition Punishment Felony Mala in se (inherently evil) Crimes against persons (e.g. murder, rape) Business-related crimes (e.g. embezzlement, bribery) Imprisonment, death Misdemeano r Mala prohibita (not inherently evil but prohibited by society) Crimes against property (e.g. robbery, burglary) Fines, imprisonment for 1 year 1
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Business Law Wednesday, October 7, 2009 Violation Other crimes (e.g. traffic violations, jaywalking) Fines 3. Intent Crimes: 2 elements are required a. Criminal act (actus reus) (guilty act): The defendant must have actually performed the prohibited act. Sometimes, the omission of an act can constitute actus reus (e.g. not paying your taxes). Thus, merely thinking about committing a crime is not a crime because no action has been taken. b. Criminal intent (mens rea) (evil intent):The defendant must have been found to have possessed the requisite state of mind (either specific or general intent – see below) i. Specific intent : The defendant purposefully, intentionally, or with knowledge commits a prohibited act. ii. General intent : The defendant showed recklessness or a lesser degree of mental culpability. 4.
Background image of page 2
Image of page 3
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

Page1 / 7

Ch 08 notes - Business & Online Crimes - Business...

This preview shows document pages 1 - 3. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online