Chapter 5 Crimes
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This document summarizes key concepts from a business law textbook chapter on criminal law: 1) It defines the three elements of a crime as a duty, an act or omission in violation of that duty, and criminal intent. It also discusses types of criminal intent and crimes. 2) It outlines various rights that people have when arrested, such as the right to remain silent. It also discusses how people can be liable for the criminal actions of others. 3) The document concludes by explaining common defenses to criminal charges, including procedural defenses regarding evidence and substantive defenses like self-defense or insanity. It provides examples of each type of defense.
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Criminal law prohibits harmful acts through statutes and common law. A crime requires an intentional act that violates the law, without defense or excuse. There are limitations on criminalizing conduct, including prohibitions on vague, overbroad, or ex post facto laws. For an offense to occur there must be a criminal act, intent, concurrence between the act and intent, causation of harm, and the harm. Defenses include justification, excuses, and procedural arguments like entrapment. Crimes are categorized as against persons, property, or public order. Crimes against persons include murder, rape, and aggravated assault.
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CHAPTER 7 Criminal Law and Cybercrime
New York Police Department, Times Square, New York City
Criminal cases make up a large portion of cases tried in U.S. courts. Criminal cases are bought against persons for violating federal, state, and local laws. Suspected criminals are given many rights by the U.S. Constitution and state constitutions. Parties in the United States are free from unreasonable searches and seizures of evidence, and any evidence obtained illegally is considered tainted evidence and cannot be used in court. People who are suspected of a criminal act may assert their right of privilege against self-incrimination and may choose not to testify at any pretrial proceedings or at trial. Parties have a right to a public trial by a jury of their peers. In addition, if convicted of a crime, the criminal is free from cruel and unusual punishment.
Learning Objectives
After studying this chapter, you should be able to:
1. List and describe the essential elements of a crime.
2. Describe criminal procedure, including arrest, indictment, arraignment, and the criminal trial.
3. Identify and define business and white-collar crimes.
4. List and describe cybercrimes.
5. Explain the constitutional safeguards provided by the Fourth, Fifth, Sixth, and Eighth Amendments to the U.S. Constitution.
Chapter Outline
1. Introduction to Criminal Law and Cybercrime
2. Definition of a Crime
1. CONTEMPORARY ENVIRONMENT • Criminal Acts as the Basis for Tort Actions
3. Criminal Procedure
4. Common Crimes
1. ETHICS • Murder Conviction Upheld on Appeal
5. Business and White-Collar Crimes
1. BUSINESS ENVIRONMENT • Corporate Criminal Liability
6. Cybercrimes
1. DIGITAL LAW • The Internet and Identity Theft
2. Case 7.1 • United States v. Barrington
7. Fourth Amendment Protection From Unreasonable Search and Seizure
1. Case 7.2 • U.S. SUPREME COURT CASE • Navarette v. California
2. Case 7.3 • U.S. SUPREME COURT CASE • Maryland v. King
3. Case 7.4 • U.S. SUPREME COURT CASE • Riley v. California and United States v. Wurie
8. Fifth Amendment Privilege Against Self-Incrimination
1. Case 7.5 • Ragland v. Commonwealth of Kentucky
9. Other Constitutional Protections
1. GLOBAL LAW • France Does Not Impose the Death Penalty
“It is better that ten guilty persons escape than that one innocent suffer.”
—Sir William Blackstone Commentaries on the Laws of England (1765)
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The Uni.
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Although white collar crimes are non-violent offenses. They are criminal offenses nonetheless and can be punished just as harshly as other, more well-know crimes; a basic understanding of some of the more common white - collar crimes might prevent you from unknowingly participating in one . Learn more about white collar crimes in California in this presentation.
Ch 8 crimes
This document discusses different types of crimes and the criminal justice process. It defines a crime as an act that violates the law and carries a penalty. Crimes are classified in various ways, such as victimless crimes, crimes against persons or property, and white collar crimes. More serious crimes are felonies, while less serious crimes are misdemeanors. The document also outlines the criminal justice process from arrest through trial, including initial appearances, grand jury proceedings, plea bargaining, jury selection and the trial.
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This document provides an overview of basic tort concepts and their application to police conduct. It defines torts, intentional torts, negligence, and strict liability. It discusses defenses, damages, and methods to avoid trial in tort cases against police such as summary judgment, directed verdict, and dismissal. Government entities have sovereign immunity from most tort claims but this is waived to some extent by acts like the Federal Tort Claims Act.
الجنحة
This document provides an overview of intentional tort law. It defines intentional torts as civil wrongs resulting from intentional acts. The 8 main intentional torts are listed as battery, assault, false imprisonment, fraud, intentional infliction of emotional distress, defamation, invasion of privacy, trespass, and conversion. Elements of intentional torts are also discussed, with battery provided as an example requiring intent, an act, causation, and harmful/offensive contact. Defenses to intentional torts are mentioned, such as consent, self-defense, privilege, and proving the elements of the tort are not met.
Ch. 3 CJ
The due process clause of the Fifth and Fourteenth Amendments requires that the government respect all legal rights that are "due" to an individual. This helps guarantee fair treatment through the criminal justice process and prevents the government from arbitrarily taking away someone's life, liberty, or property. Due process is crucial for protecting civil liberties and ensuring a just criminal justice system.
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Criminal law has three main objectives: to protect people, maintain order, and punish criminals. A crime harms society and is prosecuted by the state, not private individuals. For an act to be a crime it must be forbidden by law, cause social harm, and the harm must be serious enough to warrant criminal prosecution. There are different categories of crimes such as offenses against persons or property. The government aims to prevent crime through both reactive measures like law enforcement and proactive strategies targeting social factors linked to criminal behavior. For criminal liability, an act must involve both an unlawful act and criminal intent, and the act must cause harm.
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Due process is a fundamental constitutional right that ensures fairness in the criminal justice system. It requires that the government respect all legal rights that are owed to a person according to the fair administration of justice. This includes fair notice of what conduct is prohibited and equal treatment under the law. Due process helps to protect against arbitrary or unfair treatment by the government.
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This document discusses various torts and their application to cyber law. It defines a tort as a civil wrong that results in injury. There are three main categories of torts: intentional torts, negligence, and strict liability. Negligence requires four elements - duty, breach, injury, and causation. Strict liability does not require fault. The document explores how various intentional torts like defamation, fraud, and interference apply in cyberspace. It also discusses if internet service providers can be liable for subscribers' actions in tort cases involving spam or viruses.
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The document discusses various areas of law relevant to business including contract law, tort law, criminal law, and consumer law. It outlines the key elements of contracts including offer, acceptance, and consideration. Various types of crimes are defined such as those against property and persons, in addition to discussing young people and crime and consumers' legal rights.
What is white collar crime
White-Collar Crime sounds sophisticated. It has a tone of suaveness. But, don't get wisecracked by the nuances. Like any other crime, White Collar Crime allegations can shoot your life twisting out of control.
CHAPTER 8Law and Legal Professionals Lecture Sli
CHAPTER 8:
Law and Legal Professionals
Lecture Slides prepared by Cheryn Rowell
*
Administers justiceEnforces rightsIs a tool of behavior changeIs educativeNatural law: Laws inherent in the natural world that can be discovered by reason.Positive law: Laws written and enforced by society.
Law
*
Protection from Harm
Social contract theory holds that people sacrifice certain freedoms in exchange for the protection of society.
How much freedom should be sacrificed?
Only the minimum necessary to protect the liberty of others.
*
Justifications for LawThe harm principle: to prevent harm to persons other than the actor (assault, robbery, arson) The offense principle: to prevent serious offense to persons other than the actor (public indecency or lewdness)Legal paternalism: to prevent harm to the actor (seat belts) Legal moralism: to prohibit conduct that is inherently immoral (gambling)Benefit to others: to provide some benefit to persons other than the actor (toxic waste dumping)
*
Protection From Self (Paternalism)
Laws that prevent people from harming themselves.
Ethics of care: OK—behavior is “good” for the subject even though he or she may not agree.
Utilitarianism: OK—such laws reflect a “public good.”
Ethical formalism: NOT OK—violates the concept of treating all with regard.
*
Paternalism with Restrictions?Should be as limited as possible.
Should only apply if a person is incapable of making a competent decision.
Should seek only to prevent a serious and irreversible error.
*
Protection of Morals (Moralism)The state often makes laws based on moral standards, even though there is no consensus within society about these moral standards.
Some behaviors are defined as “wrong” and are prohibited, although those involved in them are consenting.
Legal moralism may change through time.
The U.S. Supreme Court upheld Georgia’s right to declare sodomy illegal in 1986. In 2003, the same court declared Texas’s law against same-sex sodomy unconstitutional.
*
Paradigms of Law
Consensus paradigm
Society is a community of like-minded individuals who agree on goals important for ultimate survival.
Conflict paradigm
Society contains competing and conflicting interests. Governance is based on power; if some win, others lose, and those who hold power promote self-interest.
Pluralist paradigm
Society contains competing interests, but more than two basic interest groups exist; the power balance may shift as part of the dynamics of societal change.
*
Perceptions of Judicial Processing
The Ideal:
The American Justice system is fair and unbiased.
Two equal advocates, with a neutral judge, arrive at the truth.
The Reality:
Most defendants are represented by overworked and/or inexperienced advocates.
*
A “Confidence Game”:
Advocacy a pretence
Individualized justice a pretence
Bureaucratic Justice:
Bureaucratic efficiency supplants goal of justice
Presumption of guilt (plea bargaini ...
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