Crime He threatens many that hath injured one. Ben Jonson, English Dramatist Most of the evils of life arise from mans being unable to sit still in a room. Blaise Pascal, French Scientist and Religious Essayist
Criminal law: Prohibits and punishes conduct that threatens public safety and welfare Prosecution - Only the government can prosecute a crime Restitution: A court order that a guilty defendant reimburse the victim for the harm suffered Burden of proof - In a civil case, the plaintiff must prove her case only by a preponderance of the evidence
Beyond a reasonable doubt: The very high burden of proof in a criminal trial, demanding much more certainty than required in a civil trial Right to a jury - Facts of a case are decided by a judge or jury Criminal defendant has a right to a trial by jury for any charge that could result in a sentence of six months or longer Felony: A serious crime, for which a defendant can be sentenced to one year or more in prison
Misdemeanor: A less serious crime, often punishable by less than a year in a county jail Conduct outlawed Prosecution must show that the defendants alleged activity is outlawed by a statute Fifth and Fourteenth Amendments to the Constitution require that language of criminal statutes be clear and definite enough that: Ordinary people can understand what conduct is
prohibited Police are discouraged from arbitrary and discriminatory enforcement Voluntary act A defendant is not guilty of a crime if she was forced to commit it If she acted under duress Guilty: A judge or jurys finding that a defendant has committed a crime
Entrapment When the government induces the defendant to break the law: The prosecution must prove beyond a reasonable doubt that the defendant was predisposed to commit the crime
Prohibits the government from making illegal searches and seizures of: Individuals, corporations, partnerships, and other organizations Goal is to protect the individual from the powerful state
Warrant - Must specify with reasonable certainty the place to be searched and the items to be seized A search conducted with a warrant violates the Fourth Amendment if: There was no probable cause to issue the warrant The warrant does not specify the place to be searched and the things sought The search extends beyond what is specified in the warrant Probable cause: Likely that evidence of
crime will be found in the place to be searched Searches without a warrant Possible under seven circumstances Plain view Stop and frisk Emergencies Automobiles Lawful arrest Consent No expectation to privacy
Exclusionary rule - Under which, evidence obtained illegally may not be used at trial Two exceptions to the exclusionary rule: Inevitable discovery: Permits the use of evidence that would inevitably have been discovered even without the illegal search Good faith exception: So long as the police reasonably believed the warrant was valid, the search is legal
The Patriot Act An antiterrorist law passed in response to the attacks of September 11, 2001 Designed to give law enforcement officials greater power to investigate and prevent potential terrorist assaults
National security letter: Issued by FBI to communications firms such as Internet service providers and telephone companies Demanded that the recipient furnish to the government its customer records, without ever divulging to anyone what it had done The Fifth Amendment - Protects criminal defendantsboth the innocent and the guilty in several ways
Due process: Requires fundamental fairness at all stages of the case Self-incrimination - Bars the government from forcing any person to provide evidence against himself Exclusionary rule Miranda rights Guaranteed by the Sixth Amendment at all important stages of the criminal process
The government must appoint a lawyer to represent, free of charge, any defendant who cannot afford one Indictment Grand jury: A group of ordinary citizens who decides whether there is probable cause the defendant committed the crime with which she is charged Indictment: The governments formal charge
that the defendant has committed a crime and must stand trial Arraignment - A clerk reads the formal charges of the indictment Discovery - During the months before trial, both prosecution and defense will prepare the most effective case possible Plea bargain: An agreement in which the
defendant pleads guilty to a reduced charge The prosecution recommends to the judge a relatively lenient sentence Trial and appeal - When there is no plea bargain, the case must go to trial Double jeopardy: A criminal defendant may be prosecuted only once for a particular criminal offense Punishment - The Eighth Amendment
prohibits cruel and unusual punishment Also outlaws excessive fines Forfeiture: A civil law proceeding that is permitted by many different criminal statutes Larceny: The trespassory taking of personal property with the intent to steal it Trespassory taking - Someone else originally has
the property Fraud: Deception for the purpose of taking money or property from someone Wire fraud and mail fraud Theft of honest services Insurance fraud Arson: The malicious use of fire or explosives to damage or destroy real estate
or personal property Embezzlement: The fraudulent conversion of property already in the defendants possession If someone commits a crime within the scope of his employment and with the intent to benefit the corporation, the company is liable
Workplace crimes Occupational Safety and Health Act of 1970 (OSHA): Sets safety standards for many industries Hiring illegal workers Illegal to knowingly employ unauthorized workers
The employer must complete an I-9 form within three days of hiring a worker Racketeer Influenced and Corrupt Organizations Act (RICO): A powerful federal statute used in many criminal prosecutions and civil lawsuits RICO prohibits using two or more racketeering acts to accomplish any of these goals: Investing in or acquiring legitimate businesses with
criminal money Maintaining or acquiring businesses through criminal activity Operating businesses through criminal activity Racketeering acts: Any of a long list of specified crimes, such as embezzlement, arson, mail fraud, wire fraud, and so forth Treble damages: A judgment for three times the harm actually suffered, as well as attorneys fees
Money laundering: Consists of taking the proceeds of certain criminal acts and either: Using the money to promote crime Attempting to conceal the source of the money Other crimes - An increasing number of federal and state statutes are designed to punish those who harm the environment Fines - Most common punishment for a
corporation Compliance programs Federal Sentencing Guidelines: The detailed rules that judges must follow when sentencing defendants convicted of crimes in federal court Compliance program: A plan to prevent and detect criminal conduct at all levels of the company
For a compliance plan to be deemed effective: The program must be reasonably capable of reducing the prospect of criminal conduct Specific, high-level officers must be responsible for overseeing the program The company must not place in charge any officers it knows or should have known are likely to engage in illegal conduct The company must effectively communicate the program to all employees and agents
The company must ensure compliance Crime has an enormous impact on business. Companies are victims of crimes, and sometimes they also commit criminal actions. Successful business leaders are ever-vigilant to protect their company from those who wish to harm it, whether from the inside or the outside.
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