Business Law Text Notes Essay

Nature of CrimesCrimes are public wrongs- numbers prohibited by the arouse or federal government. Typically classified advertisement as a felony or a misdemeanorFelony- A serious crimes such as murder, sexual assault and involve significant moral culpableness on the offenders part. These are punishable by lengthy prison sentences, fines, loss of voting rights, revoking of professional licenses. Misdemeanor- A lesser offense such as disorderly conduct or battery terminationing in minor physical harm to the victim. These usually involve much less moral culpability by the offender than those of felony offenses. Punishable by lesser fines and confinement in prison.Purpose of the Criminal SanctionUnder the utilitarian view people mean that prevention of socially undesirable behavior is the only purpose of bend penalties. This goal of prevention includes three major components deterrence, rehabilitation, and incapacitation.Deterrence- Under this theory threat or imposition of pena lisation deters crimes in two ways1. Special Deterrence- when punishment of an offender deters him from vestting further crimes2. General Deterrence- when punishment of a wrongdoer deters other from committing equal offenses Factors influencing the effectiveness of deterrence are1. Likelyhood crime will be detected2. That detection will be followed by prosecution3. That Prosecution will result in conviction4. The severity of the punishment is a key factorRehabilitation- Involves changing offenders attitudes or values so they are less inclined to commit future offenses.Incapacitation- Incarcerating offenders so they are less likely to commit crimes while imprisoned.Essentials of CrimeTo convict a defendant of a crime the government must(prenominal)1. Demonstrate his alleged acts violated a criminal statute 2. Prove beyond a reasonable doubt that he act those acts and 3. Prove that he had the capacity to form a criminal intentCrimes are statutory offenses. A behavior is not a cri me unless congress or state legislature has criminalized it.Constitutional Limitations on Power to Criminalize BehaviorThe US Constitution prohibits ex post facto criminal laws. This means that to be illegal the offenders act must have been illegal at the time of the offense and the penalty imposed must be the one letd for at the time of her offense.Equal shield ClauseThis prohibits criminal statutes that treat certain persons of the same class or arbitrarily discriminate among different classes of people. -The Eighth Amendment of the Constitution forbids cruel and unusual punishmentProof Beyond a Reasonable DoubtFundamental safeguard is a defendant is innocent until proven guilty or the presumption of innocence. The delinquent Process Clauses require the government to overcome this presumption by proving all charges beyond a reasonable doubt.Defendants Criminal Intent and expertnessMost serious crimes required mens rea or criminal intent as an element. Proof that the defendant had the capacity to form the required criminal intent is a prerequisite of criminal responsibility. Criminal law recognizes three types of incapacity intoxication, infancy, and insanity.Criminal ProcedureCriminal Prosecutions An Overview-Persons arrested for allegedly committing a crime are taken to the patrol station and booked. -Booking is an admin procedure for recording the suspects arrest. -After the booking police file an arrest report with the prosecutor who decides whether to charge the person with an offense -If she decides to quest after she prepares a complaint-The suspect is then taken to the judge for an initial appearance. During this appearance the judge informs the suspect of the charges against him and outlines the suspects constitutional rights. -In the case of a felony charge there is an additional preliminary hearing where the prosecutor must present enough evidence to determine probable cause that the suspect committed the felony. -If probable cause exists the judge binds over the suspect for a trial in the appropriate motor hotel -After the bindover the formal charge against the defendant is filed with the trial approach-The formal charge consists of either an information filed by the prosecutor or an bill of indictment returned by a grand jury -Once an information or indictment is filed an arraignment occurs where the defendant is brought before the court, informed of the charges and asked to enter a plea. -The defendant may plea guilty, not guilty or nolo contendere, which means the defendant does not deal the charges but does not admit guilt -Once the plea is entered the defendant chooses what type of trial that will take place. Persons accused of serious crimes for which incarcerations for more than six months is likely have a right to jury trial or he can waive his right and have a bench trial, judge only. role of Constitutional SafeguardsThe Bill of Rights and the first 10 Amendments to the US Constitution set forth rights of criminal defendantsFourth AmendmentProtects people from arbitrary and unreasonable governmental violations of their seclusion rights.-Against unreasonable search and seizure without probable causeReasonable Expectation of Privacy4th Amendment only protects people from search where there is a reasonable expectation of privacy.Warrant Requirement and ExceptionsThe court held that searches without warrants are unreasonable.Exclusionary RuleEvidence seized in an illegal search without a warrant is inadmissible in court and any information obtained during an illegal search that leads to a later discovery is inadmissible in court as well.The USA Patriot ActA statute that gave the government a broad ranging freedom to conduct searches of property, internet activity, bank accounts and other activities that used to require a warrant.The Fifth AmendmentThis amendment protects against compelled testimonial self-incrimination by establishing no person shall be compelled in any criminal case t o be a witness against himself. This prevents government coercion of a suspect into making self-incriminating statements.Miranda Rights- a fifth amendment right which requires police to inform suspects before interrogating them their rights to remain silent and have an attorney present.Production of RecordsThe fifth amendment protects people against compelled production of their personal papers. However, this is not the case for corporations, since corps do not enjoy fifth amendment rights corporations and corp officers must present business records.Double JeopardyA 5th amendment provision that states someone can not be tried twice for the same offense.Sixth AmendmentEntitles defendants to a speedy trial by an impartial jury and gurantees them the right to cross examine the witnesses against them. Also provides the defendant is entitled to a court appointed attorney or the right to provide her own attorney for her defense.White Collar Crimes and the Dilemmas of Corporate ControlWhi te Collar Crime is the term used for a variety of non violent criminal offenses committed by business persons and business organizations.Today a corporation may be held liable for criminal offenses committed by employees who acted within the kitchen stove of their employment and for the benefit of the corporation.The Sarbanes-Oxley ActThis act created the Public Company Accounting Oversight Board in charge of regulation of public accounting starchys audits of corporations in response to a wave of financial scandal.