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Chapter 6

BUSINESS LAW TODAY Essentials 8 th Ed. Roger LeRoy Miller - Institute for University Studies, Arlington, Texas Gaylord A. Jentz - University of Texas at Austin, Emeritus. Criminal Law and Cyber Crimes. Chapter 6. Learning Objectives.

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Chapter 6

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  1. BUSINESS LAW TODAYEssentials 8th Ed.Roger LeRoy Miller - Institute for University Studies, Arlington, TexasGaylord A. Jentz - University of Texas at Austin, Emeritus Criminal Law andCyber Crimes Chapter 6

  2. Learning Objectives • What two elements must exist before a person can be convicted of a crime? Can a corporation commit crimes? • What are five broad categories of crimes? What is white collar crime? • What defenses might be raised by criminal defendants to avoid liability for criminal acts? • What constitutional safeguards exist to protect persons accused of a crime? What are the major procedural steps in the criminal process? • What is cyber crime? What laws apply to crimes committed in cyberspace?

  3. Civil Law vs. Criminal Law

  4. Civil and Criminal Liability

  5. Criminal Liability • A person’s wrongful act may hold him liable (or guilty) in civil actions (tort) and criminal actions. • State must show beyond a reasonable doubt that the Defendant: • Performed an illegal act (actus reus) AND • While performing the act, had the required intent or specific state of mind (mens rea). • Without the required intent there can be no conviction.

  6. Corporate Criminal Liability • Liability of the Corporate Entity. • Crimes must occur within scope of employment. • Corporations can be held criminally liable when they FAIL to fulfill certain statutory duties. • Corporate officers and directors can be criminally liable under the “Responsible Officer” doctrine.

  7. Types of Crimes • Violent Crimes. • Crimes against persons (murder, rape). • Robbery is a violent crime. • Property Crimes - Most common, involves money or property: • Burglary. • Larceny. • Obtaining Goods by False Pretenses. • Receiving Stolen Goods. • Arson. • Forgery.

  8. Types of Crimes • Public Order Crimes. • White Collar Crimes: non-violent crimes involving a business transaction: • Embezzlement. • Mail and Wire Fraud. • CASE 6.1United States v. Lyons (2007). • Bribery. • Theft of Trade Secrets. • Insider Trading.

  9. Types of Crimes • Organized Crime. • Money laundering. • Racketeer Influenced and Corrupt Organizations Act (RICO).

  10. Classification of Crimes • Felonies: serious crimes punishable by death or by imprisonment over one (1) year. • Misdemeanors: less serious crimes punishable by fine or by confinement up to one (1) year.

  11. Defenses to Criminal Liability

  12. Fourth Amendment Protections • Search Warrants: • Officer must have Probable Cause. • Exceptions to Warrant. • Search and Seizure in Businesses. • Warrant required in some cases. • No warrant required for contaminated food or highly regulated liquor or gun businesses. • CASE 6.2United States v. Hartwell (2006).

  13. Fifth Amendment Protections • Due Process of Law. • Opportunity to Object. • Hearing before a neutral Magistrate. • Double Jeopardy. • Person cannot be retried for the same offense in the same court. • Civil action, however, is permitted. • Self-Incrimination. • “Right to Remain Silent” or not testify against yourself

  14. Six and Eighth Amendments • Right to Speedy Trial. • Right to Jury Trial. • Right to Public Trial. • Right to Confront Witnesses. • Right to Counsel. • CASE 6.3Fellers v. United States (2004). • Prohibition on cruel and unusual punishment.

  15. Exclusionary Rule & Miranda • Exclusionary Rule. • Evidence obtained in violation of constitutional procedures must be excluded. • Evidence derived from illegal evidence is “fruit of the poisonous tree.” • Deters police from misconduct. • Miranda Rule. • Inform suspect of his rights. • Exceptions: coercion, illegally obtained evidence.

  16. Criminal Process Arrest Booking Initial Appear PrelimHearing Trial Arraign-ment ChargesFiled Guilty Plea Plea Bargain

  17. Cyber Crime • Cyber crimes involve the use of computers in cyberspace to injure a person or property. • Most cyber crimes are based on existing common law crimes, with exceptions: • Identity Theft. • Cyber Stalking. • Hacking. • Cyber Terrorism. • Computer Fraud and Abuse Act helps prosecute computer crime.

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