3.1

Chapter 3

Crimes and Torts

© 2003 by West Legal Studies in Business/A Division of Thomson Learning

3.2

Criminal Law vs. Civil Law

Criminal lawCriminal law Punishes wrongdoers and isolates

them from society Seeks to prove guilt beyond a doubt

Civil lawCivil law Imposes duties on people who draw

up and agree to contracts Seeks to prove defendant’s liability by

show of evidence

3.3

Criminal Law vs.Tort Law

Criminal lawCriminal law Primarily based on statutory law passed by

legislatures Punishes wrongdoers

Tort LawTort Law Emerges from common law precedence Compensates victims

Contract lawContract law Products or services must meet certain

standards as set forth in a valid contract

3.4

Classifying Criminal Law

Focus on severity or seriousness FeloniesFelonies vs. misdemeanorsmisdemeanors

Focus other factors such as nature of damage caused

Organized crime

3.5

Criminal Procedure

InvestigationInvestigation

Pretrial proceduresPretrial procedures

TrialTrial

AppealsAppeals

SentencingSentencing

Secondary liabilitySecondary liability

3.6

Investigation

Questioning of Suspects

Accomplices

Witnesses

Gathering of physical evidence

3.7

Protections for the Accused

Fourth Amendment Unreasonable search and seizure

Privileged communications

Fifth Amendment Self-incrimination

Fourteenth Amendment Extends protections to the states

3.8

Protections for the Accused

Exclusionary rule Evidence obtained in violation of

accused’s rights is inadmissible

Fruit of the poisonous tree Leads or additional evidence obtained

is also inadmissible

USA Patriot Act Broadens police powers and weakens

Constitutional protections

3.9

Pretrial Procedures

Initiated by an arrest

Filing of charges

Preliminary hearing or grand jury

Arraignment Pleas

Plea bargaining

3.10

Trial

Jury is impaneled Voir dire

Preemptory and challenge for cause

Opening remarks

Prosecution

Defense

Closing remarks

3.11

Trial

Judge’s instructions

Jury deliberation

Verdict

3.12

Sentencing

Somewhat of a second trial

Sentencing guidelines

“Three strikes”

Minimum sentences

Culpability multiplier

3.13

Appeals

Based on law and procedure

Not based on facts determined by jury

May be automatic (especially in capital cases)

Appeal court can order new trial or dismiss charges

3.14

Secondary Liability

Accessories

Conspiracy

Attempts

3.15

Business Crimes

EmbezzlementEmbezzlement

Compose a scenario to demonstrate your understanding of each of the following crimes

Stalking and cyberstalkingStalking and cyberstalking

Mail andwire fraudMail and

wire fraud Computer crimeComputer crime

Let’sDiscuss

Let’sDiscuss

Let’sDiscuss

Let’sDiscuss

(Continued on the next slide)

3.16

Business Crimes

CyberterrorismCyberterrorism

Compose a scenario to demonstrate your understanding of each of the following crimes

TerrorismTerrorism

Money laundering

Money laundering

Let’sDiscuss

Let’sDiscuss

Let’sDiscuss

Let’sDiscuss

GamblingGambling

Identity theftIdentity theft BriberyBribery

3.17

Defenses to Crimes

Infancy

Intoxication

Insanity

Mistake of fact

3.18

Defenses to Crimes

Duress

Self-defense

Necessity

Entrapment

3.19

Intentional TortsAgainst Persons

Assault

Battery

False imprisonment

Intentional infliction of emotional distress

Invasion of privacy

3.20

Intentional TortsAgainst Property

Conversion of personal property

Trespass to chattels

Trespass to land

3.21

Intentional Torts Interfering with

Economic Relations DisparagementDisparagement (sometimes called

“trade libel”) One company cannot make false vicious

statements about another company

Interference with contract rights or prospective business relations One party cannot tamper with the contract

of another person or business

3.22

General Requirementsto Negligence

Duty of care

Breach of duty

Proximate cause

Injury

Negligence per se

Res ipsa loquitur

3.23

Defenses to Negligence

Contributory negligence

Comparative negligence

Assumption of risk

International jurisdiction

3.24

Liability

Strict liabilityStrict liability Liability is attached, regardless of who is at fault

Proof of negligence is not required

Joint and several liabilityJoint and several liability Complete satisfaction of a plaintiff’s damage award

is required

Provides an incentive for plaintiffs to name wealthier defendants in a lawsuit

3.25

Questions & Discussion