Wanted to bring a shopping center there to attract people City of New London

Wanted to bring a shopping center there to attract

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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
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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
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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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  • Spring '08
  • BREDESON
  • Law, Common Law, Supreme Court of the United States, Interstate Commerce

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