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Chapter 8:Chapter 8:Criminal Law and Criminal Law and

ProceduresProcedures

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§1: §1: Civil vs. Criminal LawCivil vs. Criminal Law

Major differences:

Civil (Tort) CriminalPreponderance Beyond Reasonable Doubt

Damages Jail or Prison

Private (parties hire their own attorneys)

Public (Prosecutor represents community)

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Felonies Misdemeanors

Serious crimes, punishable by Death or prison for more than one (1) year.

Non-serious (petty) crimes punishable by jail for less than one(1) year and/or by fines.

§2: §2: Classification of CrimesClassification of Crimes

• An act can have both civil and criminal consequences. (O.J. Simpson trials)

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§3: §3: Essentials of Essentials of Criminal LiabilityCriminal Liability

To be convicted of a crime, a person must:– Commit a guilty act (actus reus).– Have the guilty mind (mens rea) during

commission of the guilty act.

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§4: §4: Corporate Criminal LiabilityCorporate Criminal Liability

• A corporation is creature of state statute. • A corporate entity may be convicted of a

crime.• Punishment would be fines and/or denial of

certain legal privileges.

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Corporate Criminal Liability Corporate Criminal Liability [2][2]

• Corporations may be convicted of criminal activity if:– Crime is within agent/employee’s scope of

employment;– Corporation fails to perform a legally required

duty; or– Crime authorized or requested by corporate

principal/officer.

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Liability of Corporate OfficersLiability of Corporate Officers

• Corporate officers and directors are personally liable for crimes they commit.

• Also, they may be criminally liable for acts of their under the “Responsible Corporate Officer” doctrine. U.S. v. Park (1975).

• Case 8.1: U.S. v. Hanousek (1999).

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§5: §5: Types of CrimesTypes of Crimes

• Violent Crimes.– Murder, sexual assault, rape, robbery.

• Property Crimes.– Burglary, larceny, theft of trade secrets, theft of

services, arson, receipt of stolen goods, forgery.

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““White Collar” CrimesWhite Collar” Crimes Crimes occurring in the business context

using non-violent means to obtain personal or business advantage.– Embezzlement.– Mail or Wire Fraud (federal).– Bribery.– Bankruptcy Fraud (federal).– Insider Trading (federal).– Theft of Trade Secrets (federal).

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Organized CrimeOrganized Crime

Operates illegitimately by providing illegal goods and services:– Money Laundering.– RICO(criminal and civil liability).

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Computer CrimeComputer Crime

• Acts directed against computers and computer parts involving computers as tools of crime.

• Any crime involving computer networks, viruses, data or hacking.

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§6: §6: Defenses to Criminal LiabilityDefenses to Criminal Liability• Infancy (juvenile).• Involuntary Intoxication: is a defense if

person was incapable of understanding act.• Insanity: defendant lacked substantial

capacity to appreciate the wrongfulness of act or to conform act to law.

• Mistake.• Duress.• Consent.

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Defenses Defenses [2][2]

• Self-Defense of People and Property: use deadly force if reasonable belief of immanent death or serious injury; cannot use deadly force to protect property alone. Case 8.2: Katco v. Briney (1971).

• Necessity: criminal act necessary to prevent greater harm.

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Defenses Defenses [3][3]

• Entrapment: prevents government from encouraging crimes. Key issue: was the defendant pre-disposed to commit the act?

• Statute of Limitations.• Immunity.

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§7: §7: Criminal ProceduresCriminal Procedures

• U.S. Constitution provides specific safeguards for those accused of crimes at federal and state level.

• Criminal procedures are designed to protect against the arbitrary use of power by the government.

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Criminal Criminal ProcessProcess

G rand Jury D .A 's O ffice

Plea Barga inC h an g e o f P lea to G u ilty

T ria lP ros ecu tor m u s t p rove

g u ilt b eyon d reas on ab le d ou b t

S entenc ing

A rra ignm ent

Pre l im inary Hearing(D e te rm in es P rob ab le C au se )

In it ia l A ppearance(B e fore Ju d g e)

A rres t(R eq u ires P rob ab le C au se)

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The “Miranda” RuleThe “Miranda” Rule

• Miranda v. Arizona in 1966 required police to inform suspects of their constitutional rights.

• The Supreme Court upheld Miranda in Dickerson v. U.S. (2000).

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Fourth AmendmentFourth Amendment

• The Fourth Amendment protects against unreasonable search and seizures.

• No warrant for search or arrest can issue without probable cause.

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Exclusionary RuleExclusionary Rule

• Evidence obtained in violation of Constitutional amendments is excluded from trial.

• Deter police from warrantless searches, seizures and misconduct.

• “Inevitability” and “good faith” are exceptions to the rule.

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Fifth AmendmentFifth Amendment

• The Fifth Amendment requires that no one can be denied life, liberty or property with “due process.”

• Prohibits “double jeopardy” (tried twice for same crime).

• Prohibits self-incrimination.

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Sixth AmendmentSixth Amendment

The Sixth Amendment guarantees the accused the rights to:– A speedy trial.– A trial by jury for criminal cases.– Confront his witnesses (cross-examination).– Counsel paid by state.

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Law on the WebLaw on the Web

• Department of Justice statistics.• CourtTV.com• “Anatomy of a Murder.”• Findlaw.com • U.S. Sentencing Guidelines Manual.

• Legal Research Exercises on the Web.