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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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