Glossary of Business Law Ch. 7
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- *Most sever. Punishable by death or imprisonment in a federal or state penetatary for more than a year
*Such as rape, arson, muder, or robbery
- *Punishable by a fine or imprisonment for up to a year in a local jail
- Actus reus
- Specified state of mind or intent
- Mens rea
- Must show both intent beyond a resonable doubt
- Discuss corporate criminal liability
- *Use to not be able to hold a corp. criminally responsible
*Now corp. can be fined and have other punishments
*Individuals can also be convicted for crimes on behalf of the company
- Violent crimes
- Crimes against people that can cause physical harm or death. Murder, sexual assault, rape, robbery
- Take peronsal property of value by using force or intimidation
- Property crime
- Economic gain or damaging property
- Unlawful entry or breaking into a building with intent to commit a felony
- The wrongful taking and carrying away of someone's personal property with intent to deprive (w/out force)
- Fraudulently making or altering writing in a way that changes the legal rights and responsibilities of another
- The willfull and malicious burning owned by another. Every stat has a special statue that covers this
- Two other property crimes
- 1. Obtaining goods by false pretenses (bouncing a check)
2. Receiving stolen goods (knowingly)
- Public order crimes
- Thise crimes that are considered to be against or contrary to public morals or values. "Victimless crimes" Ex. Prostitution, gambling, drug use
- White-collar crimes
- Nonviolent crime committed by individuals or corporations to obtain a personal or business advantage
- The fraudulent appropriation of funds or other property by a person to whom such items have been entrusted (no force or intimidation)
- Mail and wire fraud
- A federal crime using the mail or wire (telephone, internet) to take someone's money
- Attempting to influence a public official to act in a way that serves a private interest.
Bribery occurs when the bribe is offered.
Accepting a bribe is another crime.
- Organized crime
- operating/illegitmately providing illegal goods and services such as protitution, gambling and drug use
- Money laundering
- Transferring the proceeds of crime through legitimate business. Financial institutions must report transactions of more than $10,000
- Racketeer Influenced and Corrupt Organization Act
- Two offenses under the RICO statute of 1960 constitute "racketeering activity" It is a tool to impose higher penalties
- A defense to criminal liability for someone under the age of 18
- Involuntary intoxication
- Physically forced to ingest or inject a substance that make a person incapable of obeying the law or incapable of understand the act committeed
- Model Penal Code: Incapable of the state of mind required to commit a crime. Often determined by the M'Naghten test or the Irresistible Impulse Test
- Only reasonable if the law was not published or reasonably made known or if the defendant relied on an official statement that was erroneous.
Mistake of fact: Taking someone elses property when you thought it was yours
- A defense if it cancels the harm that the law is designed to prevent, unless the law forbids an act w/out regard to the victim's consent
- A wrongful threat, or undue pressure, which causes another person to performan act they wouldn't ordinarily have performed
- Justifiable use of force
- Self defense. As much nondeadly force be used as protection. Deadly force can be used if there is a resonable belief that imminent death or bodily harm will otherwise result
- When a law enforcement agent suggests that a crime be committed, pressures or induces an individual to commit it and arrests the individual for it.
- Statue of limitations
- Provides that the state only has a certain amount of time to prosecute a crime. Most statutes of limitations do not apply to murder
- A state can grant immunity from prosecution or agree to prosecute for a less serious offense in exchange for information. It is often a result of a plea bargain.
- Fourth Amendment
- Protection from unreasonable searches and seizures. No warrant for a search or an arrest can be issued without probable cause
- Exclusionary rule
- Evidence obtained in violation of the 4th, 5th and 6th Amendments, as well as all evidence derived from illegally obtained evidence, must be excluded
- Fifth Amendment protections
- Due process, double jeopardy, self-incrimination
- Due process
- No one can be deprived of "life, liberty, or property without due process of law"
- Double jeopardy
- No one can be tried twice for the same offense
- No one can be required to incriminate him/herself.
- The Miranda Rule
- A person in custody who is to be interrogated must be informed that he has the right to remain silent... blah blah blah
- Sixth Amendment
- Guarantees a speedy trial, trial by jury, a public trial, the right to confront witnesses, and the right to a lawyer in some proceedings
- Eighth Amendment
- Prohibits excessive bail and fines and cruel and unusual punishment
- Requires a warrant based on probable cause (a substantial likelihood that the person has committed or is about to commit a crime) To make an arrest without a warrant, an officer must also have probably cause.
- A formal charge is called an indictment issued by a grand jury
- A formal charge issued by a public prosecutor?
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