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Chapter 7Criminal Law Chapter 7

Criminal Law

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Civil vs. Criminal Law

Civil vs. Criminal Law

Major differences:

Civil (Tort) CriminalPreponderance Beyond

Reasonable DoubtDamages Jail or Prison

Private (parties hire their own

attorneys)

Public (Prosecutor represents

society)

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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.

Classification of Crimes

Classification of Crimes

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

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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.

– Case 7.1 In Re Gavin T. (1998).

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Corporate Criminal Liability

Corporate Criminal Liability

A corporate entity may be convicted of a crime and punished with fines.

Corporate officers and directors may be criminally liable for acts of their under the “Responsible Corporate Officer” doctrine.

Case 7.2: U.S. v. Hanousek (1999).

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Crimes Affecting Business

Crimes Affecting Business

Robbery: forceful taking of property Burglary: breaking and entering

dwelling with intent to commit a felony

Obtaining goods by False Pretenses Receiving Stolen Goods Arson and Forgery

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White-Collar Crimes

White-Collar Crimes

Crimes occurring in the business context using non-violent means to obtain personal or business advantage.

EmbezzlementMail and Wire Fraud

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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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White-Collar Crimes

White-Collar Crimes

Bribery Bankruptcy Fraud Money Laundering Insider Trading Theft of Trade Secrets RICO Violations

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Defenses to Criminal Liability

Defenses to Criminal Liability

Infancy (juvenile). Involuntary Intoxication: is a

defense if person was incapable of understanding act.– Case 7.3 Montana v. Egelhoff (1996).

Insanity: defendant lacked substantial capacity to appreciate the wrongfulness of act or to conform act to law.

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Defenses to Criminal Liability

Defenses to Criminal Liability

Mistake Consent Duress 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.

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

Statute of Limitations. Immunity.

Defenses to Criminal Liability

Defenses to Criminal Liability

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Criminal Procedures

Criminal 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

Process

Criminal

ProcessG 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 rosecu to r m u s t p rove

g u ilt b eyon d reason 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 i tia l A ppearance(B e fo re Ju d g e)

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

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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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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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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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The “Miranda” Rule

The “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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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.