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• What two elements must exist What two elements must exist before a person can be convicted of before a person can be convicted of a crime? Can a corporation commit a crime? Can a corporation commit crimes?crimes?• What are five broad categories of What are five broad categories of
crimes? What is white-collar crime? crimes? What is white-collar crime?
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• What defenses might be raised by What defenses might be raised by criminal defendants to avoid liability criminal defendants to avoid liability for criminal acts?for criminal acts?• What constitutional protections exist What constitutional protections exist
to protect a person accused of to protect a person accused of crimes? What are the basic steps in crimes? What are the basic steps in the criminal process? the criminal process?
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• Major Differences Between Civil and Major Differences Between Civil and Criminal Law.Criminal Law.–Burden of Proof. • Civil is preponderance of the evidence.
Criminal is proof beyond a reasonable doubt.
–Criminal Sanctions. Harsher than those applied in civil cases.
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© 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 5
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• Civil Liability for Criminal Acts.Civil Liability for Criminal Acts.–Assault and Battery, can provide basis
for both civil and criminal prosecution.
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© 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 7
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• To be convicted of a crime, a person To be convicted of a crime, a person must:must:–Commit a guilty act (actus reus).–Have the guilty mind (mens rea) during
commission of the guilty act.
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• State of Mind.State of Mind.–Required intent (or mental state) is
indicated in the applicable statute or law.–Criminal Negligence or Recklessness
(unjustified, substantial and foreseeable risk that results in harm).
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• State of Mind: Strict Liability and State of Mind: Strict Liability and Overcriminalization. Overcriminalization. – Federal code lists over 4,000 criminal
offenses, many do not list a “mental state” for conviction.– Strict liability crimes are found in
environmental, drug laws that affect public health, safety, and welfare.
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• Corporate Criminal Liability.Corporate Criminal Liability.–A corporation itself cannot be
imprisoned but can be convicted of crime through acts of its officers. –Liability of the Corporate Entity.• Crime is within agent/employee’s scope
of employment;
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• Corporate Criminal Liability (cont’d).Corporate Criminal Liability (cont’d).–Liability of the Corporate Entity
(cont’d).• Corporation fails to perform a legally
required duty; or• Crime authorized or requested by
corporate principal/officer.
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• Corporate Criminal Liability (cont’d).Corporate Criminal Liability (cont’d).–Liability of Corporate Officers and
Directors. • Corporate officers and directors are
personally liable for crimes they commit.• They may be criminally liable for acts
under the “Responsible Corporate Officer” doctrine.
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• Violent Crime.Violent Crime.–Murder, sexual assault, rape, robbery.
• Property Crime.Property Crime.–Burglary, larceny, theft of trade secrets,
theft of services, arson, receipt of stolen goods, forgery.
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• White Collar Crime. White Collar Crime. –Occurs in a business context using non-
violent means to obtain personal or business advantage.–Embezzlement. • CASE 6.1 People v. Sisuphan People v. Sisuphan (2010). Is
the intent to return stolen property a defense?
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• White Collar Crime (cont’d).White Collar Crime (cont’d).–Mail and Wire Fraud (federal).–Bribery.–Bankruptcy Fraud (federal).–Theft of Trade Secrets.–Insider Trading (federal).
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• Organized Crime.Organized Crime.–Operates illegitimately by providing
illegal goods and services:•Money Laundering.• RICO: Government must prove a “pattern
of racketeering activity” and defendant committed at least two offenses.
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• Classification of Crimes:Classification of Crimes:–Felony: serious crimes punished by
death or imprisonment for at least 1 year.–Misdemeanor: punished by fine or
confinement for less than 1 year.
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• Justifiable Use of Force.Justifiable Use of Force.–Self-Defense of People and Property:
can use deadly force if reasonable belief of imminent death or serious injury; cannot use deadly force to protect property alone.
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• NecessityNecessity. . Criminal act necessary to Criminal act necessary to prevent greater harm.prevent greater harm.• Insanity. Insanity. Person who suffers from Person who suffers from
mental illness may be incapable of the mental illness may be incapable of the state of mind required for the crime. state of mind required for the crime.
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• Mistake: Mistake: of of factfact may excuse crime. may excuse crime.• Duress: Duress: wrongful threat induces another wrongful threat induces another
to perform a criminal act.to perform a criminal act.• Entrapment. Entrapment. Key issue: was the Key issue: was the
defendant pre-disposed to commit the defendant pre-disposed to commit the act? act?
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• Statute of Limitations: Statute of Limitations: state must state must initiate criminal proceedings within initiate criminal proceedings within statutory period of time (except for statutory period of time (except for murder).murder).• Immunity: Immunity: government grants immunity government grants immunity
from prosecution in exchange for from prosecution in exchange for assistance.assistance.
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• U.S. Constitution provides specific U.S. Constitution provides specific safeguards for those accused of crimes safeguards for those accused of crimes at federal and state level.at federal and state level.• Criminal procedures are designed to Criminal procedures are designed to
protect against the arbitrary use of protect against the arbitrary use of power by the government. power by the government.
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• Fourth Amendment Protections.Fourth Amendment Protections.–Protection from unreasonable searches
and seizures.–Requirement that no warrant for a search
or an arrest be issued without probable cause.–CASE 6.2 U.S. v. Moon (2008). Search was
constitutional because Moon voluntary allowed agents to examine the files.
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• Fifth Amendment Protections.Fifth Amendment Protections.–Requires that no one be deprived of
“life, liberty, or property without due process of law.”–Prohibits double jeopardy (trying
someone twice for the same criminal offense). –Self-Incrimination.
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• Protections Under the Sixth and Protections Under the Sixth and Eighth Amendment.Eighth Amendment.–Guarantees of a speedy trial, public trial
by jury, right to confront witnesses, the right to a lawyer, excessive bail, cruel and unusual punishment.
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• The Exclusionary Rule and the The Exclusionary Rule and the MirandaMiranda Rule. Rule. –Evidence obtained in violation of the
Fourth Amendment is excluded from trial, including “Fruit of the Poisonous Tree.”• Case 6.3 Herring v. United States Herring v. United States (2009).
Is evidence inadmissible when seized based on mistaken belief of police?
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• The Exclusionary Rule and the The Exclusionary Rule and the MirandaMiranda Rule (cont’d). Rule (cont’d).– The Miranda Rule: based on U.S. Supreme
Court case of Miranda v. Arizona (1966) which required police to inform suspects of their constitutional rights.–Exceptions to Miranda: public safety,
certain confessions, suspect must unequivocally assert right to counsel.
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Arrest
Booking
Initial Appearance
Grand Jury Preliminary Hearing
Indictment Information
Arraignment
Plea Bargain
Guilty Plea Trial
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• Federal Sentencing Guidelines.Federal Sentencing Guidelines.–Shift Away from Mandatory
Sentencing.–Increased Penalties for Certain Crimes.
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