BUSA303, Business Law and Ethics 9
People v. Sisuphan Court of Appeal of California, First District, 181 Cal. App. 4 th 800, 104 Cal. Rptr.3d 654 Case 6.2, p. 162 Who is the defendant in this case? What were the facts? What happened at the trial court? What was the issue on appeal? How did the appeals court rule? What was the holding? Do you agree with this decision? Who should evaluate evidence in a criminal trial? BUSA303, Business Law and Ethics 10
Defenses to Criminal Liability Section 6-4, pp. 165-167 BUSA303, Business Law and Ethics 11
Defenses to Criminal Liability (Section 6-4, pp. 165-167) Justifiable Use of Force Necessity Mistake Duress Entrapment Statute of Limitations Immunity Insanity BUSA303: Business Law and Ethics 12
Constitutional Safeguards and Criminal Procedures Section 6-5, p. 167-174 BUSA303, Business Law and Ethics 13
Fourth Amendment ( Section 6-5a, pp. 167-168) The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Protection Against Search and Seizure Requirement for Probable Cause Reasonable Expectation of Privacy BUSA303, Business Law and Ethics 14
State of Oklahoma v. Marcum Court of Appeals of Oklahoma, 319 P.3d 681 (2014) Case 6.3, pp. 168-169 What kind of level/court is this? Who is the defendant in this case? What was the motion that Marcum filed? What happened at the lower court? What was the issue on appeal? What did the appeals court find? Do you think that the defendant should have had a reasonable expectation of privacy in these messages? What lesson can you learn from this case? BUSA303, Business Law and Ethics 15
Fifth Amendment ( Section 6-5b, pp. 169-170) No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be
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