Civil Law
defines the relationships between citizens or between citizens and their government
Preponderance of the evidence standard (50/50)
Goal of making injured party "whole" through financial restitution and/or injunction
Criminal Law
Usually state versus defendant
Beyond a reasonable doubt evidence standard.
Goals:
-Deterrence (specific and general)
-Retribution
-Rehabilitation
-Incapacitation
Criminal Liability
To be guilty of a crime, you generally need both:
Actus Reus - A criminal or guilty act
Mens Rea - A criminal or guilty mind
Unless its strict liability
Model Penal Code Criminal Liability
Purpose
Knowledge
Recklessness
Negligence
Corporate Criminal Liability
Can a corporation be criminally liable?
Yes, under imputed liability
A corporation is not a legal person and cannot have the necessary mens rea.
However it can be fined or lose certain rights such as a license for criminal acts of employees if they are
Ac
Actual Authority
Acting with the direct knowledge and permission of the corporation
Apparent authority
a reasonable person would have believed that the employee was authorized by the company to act in a certain manner because of representations made by the corporation to a third party
State vs. Casey's General Stores
Cashier sells alcohol to a minor
Casey's claims it was the cashier's wrong doing not theirs
Casey's held criminally liable through vicarious liability
Supreme Court reverses on appeal because the conduct was not "authorized, requested or tolerated
Criminal Liability for Corporate Officers
Individual corporate leaders may also be subject to criminal prosecution if an employee commits a crime for the benefit of the company and
The officer either knows and approves of the action
The officer knows and does nothing to stop the action (turns a b
U.S. v. Park
In 1974, John Park, the president of a national food store chain, was charged and convicted of violating the Federal Food, Drug and Cosmetic Act of 1938 for allowing food stored in warehouses that had become contaminated by rodents to be shipped in inters
Violent Crimes
Homicide, Rape, Assault
Property Crimes
Burglary, Larceny, Arson, Forgery
Public-order Crimes
Intoxication, prostitution
Cybercrimes
Hacking, Phishing
Felony
Serious crime that is punishable by death or by imprisonment for more than one year.
Misdemeanor
A lesser crime than a felony, punishable by a fine or incarceration in jail for up to one year
Petty Offense
In criminal law, the least serious kind of criminal offense, such as a traffic or building code violation
Some crimes may have different levels of seriousness.....
An accused may be acquitted of a more serious charged offense but still be found guilty of a lesser included offense
An accused cannot be punished for a more serious offense and also for the lesser included offense under the merger doctrine
Ponzi Scheme
is an investment fraud that involves the payment of purported returns to existing investors from funds contributed by new investors.
For the scheme to work, the organizer must continue to attract new investors in order to have the money to make existing c
Embezzlement
A type of theft that occurs when a fiduciary is lawfully entrusted with personal property of another and then fraudulently takes or uses that property for his or her own gain.
Example, Melody is an accountant who pays the bills for Medcompany Inc. She wri
Theft of Trade Secrets
The intentional taking, copying, or using another's trade secrets with the knowledge the owner of the trade secret will be injured by such action.
Example: Guy works for Pepsi and takes the recipe to Mountain Dew and tries to sell it to Coca Cola.
Fraud
The knowing misrepresentation of the truth or concealment of a material fact to induce another to act to his or her detriment.
Mail Fraud (Using postal services)
Wire Fraud (Using electronic means of communication)
Bankruptcy Fraud (concealing assets from
Bribery
Bribing a public official
Need intent
Anything of value can be offered
Crime occurs at the time the bribe is offered
Foreign Corrupt Practices Act of 1977
Foreign Officials
Made it a crime to bribe foreign officials to gain a business advantage
In 2011, Siemens executives were charged with bribing foreign officials of Argentina in an attempt to retain a government contract
Insider Trading
The purchase or sale of securities on the basis of inside information
Inside information = nonpublic
This is what Martha Stewart was originally charged for
Tipper/Tippee
Tipper is the person who gives the tip
Tippee is the person who gets the tip. Tippee only liable if they knew the information was not pub
Money Laundering
(organized crime) transferring illegally obtained money through legitimate people or accounts so that its original source cannot be traced
Racketeer Influenced and Corrupt Organizations Act (RICO) -
Enables prosecution of criminal organization "bosses" for the crimes of their subordinates. The criminal acts are imputed as part of a larger "criminal enterprise.
Larceny (type of theft)
stealing tangible property with the intent to deprive the owner of the property
Robbery (type of theft)
taking of property by force, intimidation or threat of violence with the intent to deprive the owner of the property
Burglary
breaking and entering into the dwelling house of another at nighttime with the intent to commit a felony
-Theft is often involved in burglary but not necessarily required
Arson
malicious burning of the dwelling of another person
Forgery
making or altering a writing with the intent to defraud
Obtaining goods by false pretenses
intentionally misrepresenting a material fact to a person in order to persuade another to transfer property
Extortion
wrongfully using a public office to obtain assets from a victim
Blackmail
wrongfully obtaining assets by threat
Receiving stolen goods
act of receiving property that the defendant knew or should have known was stolen with the intent to deprive the real owner of such property
Credit Card Fraud
using credit card information to obtain an unauthorized benefit
Identity theft
to knowingly transfer or use another person's identity without authorization with the intent to commit a crime
Cybercrime
Hacking - unauthorized access of another's computer with intent to change the settings or access information
Phishing - accessing computer information with the intent to commit a fraud
Actus Reus or Mens Rea
- Defense to Criminal Liability
It wasn't me
I didn't intend to
If both act and intent present
Justification - society generally condones or approves of the act under the circumstance.
Excuse - society does not condone but determines punishment is less appropriate because of mitigating circumstances.
Justification VS Excuse
Justification = Necessity
I broke the law to avoid an even greater harm.
Example, speeding in order to transport dying victim to hospital.
Generally a defense when acting in response to emergency not of your own making.
Society approves of this act.
Excus
Self Defense
A person may be justified in using force against another person; however, there are limits to this rule. While a person can use force to protect himself or others from a real or threatened attack, the force used must be reasonable and not excessive under
Castle doctrine
can use lethal force without retreating if attacked in your own home.
Mistake of Fact
For specific-intent crimes an honest mistake may negate one of the elements of the offense
You walk off with someone's bag because you thought it was yours
Mistake of Law
generally not a defense
Citizens are assumed to know the law in the United States
Insanity
Despite being seen regularly on TV, it is relatively uncommon and very difficult to prove
Does not negate, justify or excuse
Results in "special verdict" resulting in commitment to mental health facility rather than jail
Model Penal Code Test - Must prove
Intoxication
Involuntary intoxication: intoxication on the part of the defendant was not intentional
Example: the drink of the defendant was spiked with a hallucinogen drug
Works to negate the mental intent required by a crime
Voluntary intoxication: intoxication was
Entrapment
A public official gets the defendant to commit a crime that he or she would not have committed had it not been for overbearing actions of the public official
Like the insanity defense, this is difficult to prove.
Louis is standing outside his apartment on
Constitutional Safeguards
The drafter's of the Constitution were concerned about too much government power. They added protections to prevent the government from abusing its power to prosecute citizens.
Fifth Amendment Protection
Protection from double jeopardy
Can't be tried for a crime a second time if found "not guilty" the first time
Right against self-incrimination
Miranda v. Arizona case held that police must advise you of your constitutional rights before subjecting you to
Miranda Rights
Criminal suspect "must be warned prior to any questioning that he has the right to remain silent, that anything he says can be used against him in a court of law, that he has the right to the presence of an attorney, and that if he cannot afford an attorn
Sixth Amendment Protection
Right to a speedy/public trial
Right to an impartial jury (facing > 6 months of prison)
Right to be informed of the charges against you
Right to confront all witnesses
Right to have production of favorable witnesses
Right to an attorney
Fourth Amendment Protections
Search warrant - an order granted by a public authority, such as a judge, that authorizes law enforcement personnel to search particular premises or property
Probable Cause - reasonable grounds to believe that evidence of a crime is currently located in t
Exclusionary Rule
any evidence that is obtained in violation of the accused's constitutional rights is automatically excluded at trial
Example: Police obtain a confession from Rita but they did not read her the Miranda rights and were legally required to do so. Rita's conf
Criminal Process
1. Arrest: need a warrant unless there is no time to get one.
2.Initial Appearance: Defendant appears before judge
-Required within in 48 hours in Iowa
3.Indictment or Information
-Grand jury issues an indictment
-Grand jury determines whether or not ther
Statute of Limitations
depends on crime as well as other factors such as the "triggering" event
Immunity
State often wants information from criminals so the prosecution offers them immunity (meaning no liability for criminal acts disclosed to state)
Plea bargaining
the defendant and prosecution enter into a deal and the defendant gets a more lenient sentence.
Trial Issues
Burden is on the plaintiff
Burden will shift if the defendant wants to claim a defense like insanity
Any reasonable doubt and the defendant must be found "not guilty
Sentencing Guidelines
help the judge determine the sentence which is imposed