Business Law.pdf - Chapter 6 Criminal Law 2 sets of laws...

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1-9-19 Chapter 6 Criminal Law -2 sets of laws -Criminal- housed in the state -State brings the case -Penalty -Jail time, community service, etc.. -Civil -Plaintiff brings the case, person who is injured. -Penalty -Isn’t seeking to put the defendant in jail, you want the money. -Judges handle criminal and civil cases. Something can generate a civil, and a criminal case. -Elements to crimes- act and intent have to come together -Act- physical act by the person who commited the crime -Must be a death of a person -Intent- intent of the person who commited the crime. Take the facts surrounding the case, and come to the conclusion. -Death or serious bodily harm -Elements of fault -Subjective fault -purposeful -Objective fault -negligence -Liability without fault -Vicarious liability -Employer is responsible for the criminal act of the employee -How do you impose liability on an employer? Liability of the corporation -Monetary fines. -Make the people at the top liable- CEO, for the acts of the employees. -White collar crimes and computer crimes -Bernie madoff was able to steal $65 billion over his career. One of his sons committed suicide because of what he did. -RICO -Racketeer influenced and corrupt organization act -Way to get back at organized crime. People suing the mafia. -2 acts in 10 years -Crimes -Larceny -Act. Taking and moving personal property -Intent- to deprive the owner permanently
-Embezzlement- typically involve money -is the fraudulent conversion of another’s property by one who was in lawful possession of it. -False pretenses- con -People lie about where the money they collect is going -Robbery -Larceny, typically face to face, and involves the threat of force. -Burglary -Enter or break into a building or structure, with the intent to steal something, or commit a crime or felony 1-14-19 -Extortion- making the threat of blackmail, or the act of blackmailing. Disclosing private information, to try to get money from them, to keep you from blackmailing them. -Bribery- opposite of extortion. Willingly pay someone to influence political behavior. -Trying to pay someone to influence someone's decision. -Forgery- is the intentional falsification or false making of a document with the intent to defraud. Bad checks -Defenses to crimes -Cannot take someones life unless your life or someone else's life is in danger. -You can't use deadly force to protect property. -Duress -A person who is threatened with immediate, serious bodily harm to himself or another person unless he engages in criminal activity, other than murder -Mistake of fact -Entrapment -The defense of entrapment arises when a law enforcement official induces someone to commit a crime when that person would not have done so without the persuasion of the police officer. -Steps to criminal procedure -Indictment -Charged with the crime -Bill of rights -4th amendment -Freedom from unreasonable search and seizure -Exclusionary rule- used to discourage illegal police conduct and to protect

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