Chapter 9 - Legl 2700 Chapter 9 Criminal Law and Business...

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Legl 2700 Chapter 9 03/16/09 Criminal Law and Business White-collar crime - applies to criminals of high socioeconomic status, such as corporate executives who commit fraud Felony - is punishable by fine of imprisonment in a penitentiary for a period of one of more years, and the cases are commenced by a grand jury indictment Misdemeanor - is punishable by a fine or jail sentence of less than one year, and are cases that are usually commenced when the government files a charge called an information Many laws use the term willfully or knowingly to define criminal intent Reckless disregard for the truth is often the basis of white-collar criminal conduct Nolo Contendere - allows sentencing just as if the defendant pleaded guilty or been found guilty. It has the advantage to the defendant of avoiding the cost of tril and avoiding the effect of a guilty plea or finding in a subsequent civil action. Grand Jury Indictment - The 5 th Amendment provides that before anyone can be tried for a capital crime; there must be a presentment or an indictment by a grand jury. This protection prevents political trials and unjustified prosecutions by placing a group of citizens between prosecutors and persons accused of major crimes For an indictment to be returned, a majority of the grand jury must find that a crime has been committed and that the evidence is sufficient to warrant the accused’s standing trial (probable cause). The grand jury does not attempt to determine if the accused is guilty, only that probable cause exists to believe the accused committed a crime Civil Liberties - are protections from the power of governments (in Bill of Rights) The 4 th Amendment protects individuals and corporations from unreasonable search and seizures Search Warrant - must be obtained by the police prior to a search of a person, any premises, or other property such as a car trunk. To protect officers, courts have held that officers making an arrest do not need a search warrant to search that person and the immediate area around that person for weapons.
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