12 - The Legal and Regulatory Environment of Business (15th...

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The Legal and Regulatory Environment of Business (15 th ed.) Chapter 12 Criminal Law and Business A. Terminology “White-Collar Crime” See Sidebar 12.1 Kinds of White-Collar Crimes p. 350 Sidebar 12.1 “Handcuffs and Jail Time” p. 351 1. Felonies are punishable by fine or imprisonment in a penitentiary for 1 year or more - Cases are commenced by a grand jury indictment - Grand juries determine if there is sufficient evidence to warrant a trial 2. Misdemeanors are punishable by a fine or a jail sentence of less than one year - Cases are usually commenced by the government filing a charge called an information 3. Intent is a key element for many crimes a) Knowingly” means that the criminal act was done voluntarily and intentionally and was not a mistake or accident b) “Willfully” means that the act was committed voluntarily and purposefully, with the specific intent to do something that the law forbids 4. Pleas a) guilty b) not guilty c) nolo contendere no contest allows sentencing just as if the defendant had pleaded or been found guilty B. The Grand Jury 1. Foundation - Fifth Amendment of the U.S. Constitution provides that before anyone can be tried for a serious crime, there must be an indictment by a grand jury 2. Operation of the Grand Jury - Secret proceedings that are designed to protect the innocent accused from disclosure of the accusations - Generally 23 citizens who live within the jurisdiction; length of service varies, but can be 1 year - 18 months - Need at least 16 persons to hear evidence and vote on cases - Role of the grand jury is to investigate a broad range of information; as such, evidence presented includes documents (e.g. corporate records), and sworn testimony from witnesses 1
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- Witnesses are entitled to have legal advice, but defense counsel may not go into the grand jury room - Witnesses have the right to invoke the Fifth Amendment privilege against compulsory self-incrimination and may refuse to answer questions - For an indictment to be returned, a majority must find that there is probable cause, a crime has been committed and that the evidence is sufficient to warrant the accused standing trial - The grand jury does not determine guilt or innocence, only that probable cause exists to believe that the accused committed the crime - Presumption of innocence - presumed innocent until found guilty by a petit jury II. Constitutional Issues - Protections in the Bill of Rights A. Fourth Amendment: Illegal Search and Seizure 1. Fourth Amendment protects individuals from unreasonable searches and seizures - Protects people from unwarranted intrusions on their privacy by requiring the police to obtain a search warrant (a court order) - Probable cause is needed to get a search warrant - Generally, a search warrant is necessary for police to search any person, premises, or other property 2. Issues: - Was the search incident to a valid arrest? - Was the search warrant validly issued?
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This note was uploaded on 01/31/2012 for the course LEGL 2700H taught by Professor Pagnattaro during the Fall '11 term at University of Georgia Athens.

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12 - The Legal and Regulatory Environment of Business (15th...

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