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
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