231 CH 7 - Agents LIABILITY OF CORPORATE OFFICERS/DIRECTORS...

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CHAPTER 7 CRIMINAL LAW © Stanley A. Leasure
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CRIMINAL LAW vs. CIVIL LAW Burden Of Proof Criminal-Beyond A Reasonable Doubt Civil-Preponderance of Evidence Wrongful Act Criminal-Violation of Criminal Statute Civil-Harm to Person or Property Party Bringing Suit Criminal-State Civil-Party Suffering Harm Remedy Criminal-Punishment Civil-Damages
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CIVIL LIABILITY FOR CRIMINAL ACTS Same Act Can Be Tort and Crime See Exhibit 7-2
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CLASSIFICATION OF CRIMES Felony Serious Crimes Punishable by Death or Prison for More Than One Year Misdemeanor Less Serious Crimes Punishable by Prison for Less Than One Year
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ELEMENTS OF CRIME Violation of Criminal Statute Performance of a Prohibited Act “Actus Reus” State of Mind “Mens Rea”
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CORPORATE CRIMINAL LIABILITY Corporation Liable Active Agent/Employee in Scope of Employment Crime Consists of Failure to Perform Duty Imposed on Corporation Crime Authorized, Tolerated by High Managerial
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Unformatted text preview: Agents LIABILITY OF CORPORATE OFFICERS/DIRECTORS Personally Liable for Crimes They Commit Responsible Corporate Officer Doctrine Liability Without Participation/Knowledge If Power to Prevent Violation RICO Racketeer Influenced Corrupt Organizations Act Criminalizes Use of Income from Racketeering Acquisition of Interest in Enterprise through Racketeering Participation In Affairs of Enterprise through Racketeering Conspiracy Civil liability Divestiture Triple Damages DEFENSES TO CRIMINAL LIABILITY Insanity Self-Defense Entrapment Statute of Limitations Immunity CRIMINAL PROCEDURE Unreasonable Searches/Seizure-Fourth Amendment Search Warrant/Probable Cause Fifth Amendment Due Process Double Jeopardy Self-Incrimination Exclusionary Rule Miranda Rule...
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  • Spring '11
  • streve
  • criminal law, Racketeering, Criminal Law vs, Criminal Statute Civil-Harm, Criminal Statute Performance, Racketeering Conspiracy Divestiture

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