What is the purpose of criminal law ?
punish an offender for causing harm to public health
Actus reus
wrongful behavior ( guilty act)
Mens rea
wrongful state of mind (guilty mind)
how can a defendant commit a crime
-purposefully
-knowingly
-reckless
-negligent (not caring)
What are the classifications of crimes
-Felonies (serious crime like murder punishable by imprisonment for more than one year and if the cime is a felony/ miss the case can go to jury trial)
-Misdemeanors (less serious punishable by fines or imprisonment for less than one year)
-petty offense(
Whats a white collar crime?
nonviolent illegal acts against society that occur mainly in businesses
examples- bribery, mail fraud, embezzlement
Bribery (wc)
offering/giving/ soliciting or receiving money for a purpose of influencing judgement
Extortion (WC)
aka blackmail making threats for the purpose of obtaining money or property
Fraud (WC)
some sort of miss representation to gain an advantage over another person
types of fraud
forgery - the fraudulent making or altering of any writing in a way that would change legal rights
defalcation- the misappropriation of trust funds or money held
ponzie scheme- high profits promised from fake sources
insider trading
a person buying or selling a security property dealing with knowledge nonpublic
false pretenses
illegal obtaining of property belonging to another through false representation of fact
forgery
altering of writing in a way that changes the legal rights of another
What is Cramming
scheme in which companies bill consumers for optional services that they didn't order
Embezzlement
taking someone's property when they have it legally
Computer crimes
any wrongful act directed against computers ( uses computer to commit a crime)
hacker
person who illegally access another persons computer system to steal or obtain information
cyber terrorist
the crippling communications network or sabotage of a business
virus
computer program that alters, damages, computer data
can a cooperation be considered a criminal?
previously not because they do not have a mind ( no mens rea) however now they can be criminally charged. this was cause by strict liability offense
Strict liability offense
offense where no mens rea is required
Vicarious liability
liability imposed on one person for the acts of another ( boss telling employees to dump waste outside)
Criminal procedure
the goverment is called prosecutor always brings the criminal case where as in civil the party filing the complaint can be business, person.
what is the objective in criminal court
punishment
what is the objective in civil
remedy a wrong doing
amendments do
extends right to due process to state -14
protection from search and seizures -4
double jeprody and no incrimination of ones self -5
speedy trial-6
excessive bail and excessive punishment -8
What are the pretrial steps
-Arrested : taking a person into custody
-probable cause :the likley hood the person commited that crime
-Miranda rights :right read to arrested person
-Booking :name of defendant and crime is recorded
-First appereance :appearing before the magistrate wh
Who is a magistrate
lowest judaical official who issues warrants
Information and indictment
info :formal accusation stating the facts specifiying the violation of the law
indic: written accusation of the crime committed by the defendant
nolo contendere
defendant doesnt admit guilt but agrees not to consent to the charges
petit jury
if the defendant pleads not guilty this is where it go's 6-12 ppl listen and render a verdict and if a petit jury says not guilty the government cannot appeal
plea bargin
agreement in which the prosecutor agrees to reduced chargers/ drop charges for defendant pleading guilty
Trial procedure
Bench trial - when the judge is the fact finder and there is no jury, defendant waived their rights
Burden of proof- proving that the defendant did what they are accusing him of by using evidence, the prosecutor has to persuade the jury beyond a reasonabl
what are the affirmative offense
-Infancy: person who is not yet legal
- Mistake of fact : didnt know it was a law
-Intoxication: took a drug without knowing
-Insanity: mental illness
- Duress: forced to preform again her will
-Entrapment: wouldnt have broken the law if they werent force
Hung jury
when a jury is unable to reach a trial
Post trial procedure
appeal but you cannot appel in a petit jury
tools for fighting buiness crime
Racketeer influenced and corrupt organizations (rico) - penalties for cimes preformed as a part of an ongoing crimanl organizations
tools for fighting business crime
False claim act - allow employees to sue employers fir fraud against the government if they win the person get 25% of cash
Sarbanes-oxley act
criminalizes accountant work so i think just making sure there are good records kept its illegal to provide non audit services.
whistle blowers
almost no states protect employers who go to the media to tattle tail