Wanted to bring a shopping center there to attract people – City of New London took that community land and gave it to a private development o Home owners said that they couldn’t use eminent domain because it wasn’t for public use – US Supreme Court said they could take that land and give it to a private entity because it was going to promote public economic development o Trying to improve bad neighborhoods through urban renewal – States outlawed it after the supreme court ruling to prevent this from happening Ch. 7 – Criminal Law Criminal Law & Business • Why is it important to talk about crime in the context of business? – People in business can be perpetrators/victims of crime • Nature of Criminal Law (vs. Civil Law) – Relationships at issue • State brings charges to individuals (Criminal) • One individual charges another individual for specific remedy (usually money damages/Civil) – Party bringing suit – state vs. individual – Wrongful act
– Remedy sought • Money damages vs. Imprisonment/Fine – Standard of proof • Criminal has to be beyond reasonable doubt • Civil uses preponderance of evidence Nature of Criminal Law • Classification of Crimes – Degree of seriousness • Felony v. misdemeanor (v. petty offenses) • Felonies are more serious – Degree of moral turpitude (evil intent) • Malum in se v. malum prohibitum • Malum in se (inherently bad) • Murder, rape, robbery • Malum prohibitum (not inherently; bad b/c society said it is bad) • Driving over the speed limit, price fixing, insider trading • Purpose of Punishment – Rehabilitation – Restraint – Retribution – Deterrence Constitutional Protections • Fourth Amendment – Prohibits “unreasonable” searches and seizures – Search warrant must • Be based on “probable cause” • “Particularly describe” the place to be searched – Exclusionary Rule • Fifth Amendment – Grand jury – Double jeopardy – Due process • Vagueness • Suppression of exculpatory evidence – Self-incrimination • Sixth Amendment – Right to counsel – Speedy trial – Impartial jury • Eighth Amendment – Excessive bail – Excessive fine – Cruel and unusual punishment Elements of a Crime • Valid conviction requires: – Acts which violate existing criminal statute
– Proof beyond reasonable doubt that Defendant (a) did the acts, and (b) had the requisite intent. • Guilty act ( actus reus ) – “Attempted” is sufficient Criminal Defenses • Infancy – Juvenile justice system • Insanity – Model Penal Code: lacked “substantial capacity” to understand that actions were wrong or to conform his conduct to the requirements of the law • Intoxication – Voluntary v. involuntary • Mistake – Law v. fact • Self-Defense • Entrapment – Jacobson v. U.S., 503 U.S. 540 (1992) • Immunity State Crimes Affecting Business • Theft • Larceny • Burglary • False Pretenses/Fraud – Specialized statutes • Embezzlement – State v. Joy, Sup. Ct of Vt (1988) • Robbery • Forgery – People v. Avila, Colo. Ct. App. (1988) • Arson Federal Crimes Affecting Business •
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