Chapter Outline

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Chapter Outline

• 1. Civil Law and Criminal Law
• 2. Classification of Crimes
• 3. The essentials of Criminal Liability
• 4. Corporate Criminal Liability
• 5. Types of Crimes
• 6. Defenses to Criminal Liability
• 7. Criminal Procedures
• 8. Cyber Crime

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1 Civil and Criminal Law

• Major differences

Civil (Tort) Criminal
Preponderance Beyond Reasonable Doubt
Damages Jail or Prison
Private (parties hire their own attorneys) Public (Prosecutor represents community)
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2 Classification of Crimes

• An act can have both civil and criminal
  consequences. (O.J. Simpson trials)

Felonies Misdemeanors
Serious crimes, punishable by Death or prison for more than one (1) year. Non-serious (petty) crimes punishable by jail for less than one(1) year and/or by fines.
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3 Essentials of Criminal Liability

• To be convicted of a crime, a person must
• Commit a guilty act (actus reus).
• Have the guilty mind (mens rea) during
  commission of the guilty act.

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4 Corporate Criminal Liability

• A corporation is creature of state statute.
• A corporate entity may be convicted of a crime.
• Punishment would be fines and/or denial of
  certain legal privileges.

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Liability of Corporate Entity

• Corporations may be convicted of criminal
  activity if
• Crime is within agent/employees scope of
  employment
• Corporation fails to perform a legally required
  duty or
• Crime authorized or requested by corporate
  principal/officer.

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Liability of Corporate Officers

• Corporate officers and directors are personally
  liable for crimes they commit.
• Also, they may be criminally liable for acts of
  their under the Responsible Corporate Officer
  doctrine. U.S. v. Park (1975).
• Case U.S. v. Hanousek (1999).

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5 Types of Crimes

• Violent Crimes (aka Crimes Against Persons).
• Murder, sexual assault, rape, robbery.
• Property Crimes.
• Burglary, larceny, theft of trade secrets, theft
  of services, arson, receipt of stolen goods,
  forgery.

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White Collar Crimes

• Crimes occurring in the business context using
  non-violent means to obtain personal or business
  advantage.
• Embezzlement.
• Mail or Wire Fraud (federal).
• Bribery.
• Bankruptcy Fraud (federal).
• Insider Trading (federal).
• Theft of Trade Secrets (federal).

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6 Defenses to Criminal Liability

• Infancy (juvenile).
• Involuntary Intoxication is a defense if person
  was incapable of understanding act.
• Insanity defendant lacked substantial capacity
  to appreciate the wrongfulness of act or to
  conform act to law.
• Mistake.
• Duress.
• Consent.

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Defenses 2

• Self-Defense of People and Property use deadly
  force if reasonable belief of immanent death or
  serious injury cannot use deadly force to
  protect property alone.
• Necessity criminal act necessary to prevent
  greater harm.

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Defenses 3

• Entrapment prevents government from encouraging
  crimes. Key issue was the defendant
  pre-disposed to commit the act?
• Statute of Limitations.
• Immunity.

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7 Criminal Procedures

• U.S. Constitution provides specific safeguards
  for those accused of crimes at federal and state
  level.
• Criminal procedures are designed to protect
  against the arbitrary use of power by the
  government.
• Case People v. McFarlan (2002).

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Fourth Amendment

• The Fourth Amendment protects against
  unreasonable search and seizures.
• No warrant for search or arrest can issue without
  probable cause.

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Exclusionary Rule

• Evidence obtained in violation of Constitutional
  amendments is excluded from trial.
• Deter police from warrantless searches, seizures
  and misconduct.
• Inevitability and good faith are exceptions
  to the rule.

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The Miranda Rule

• Case Miranda v. Arizona (1966) required
  police to inform suspects of their constitutional
  rights.
• The Supreme Court upheld Miranda in Dickerson v.
  U.S. (2000).

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Criminal Process