Chapter 4 criminal law and procedure
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CHAPTER 4 Criminal Law and Procedure. 4-1 Criminal Law 4-2 Criminal Procedure. 4-1 Criminal Law. GOALS Understand the three elements that make up a criminal act Classify crimes according to the severity of their potential sentences Identify the types of crimes that affect business.

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CHAPTER 4 Criminal Law and Procedure

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Chapter 4 criminal law and procedure

CHAPTER 4Criminal Law and Procedure

4-1Criminal Law

4-2Criminal Procedure


4 1 criminal law

4-1Criminal Law

  • GOALS

    • Understand the three elements that make up a criminal act

    • Classify crimes according to the severity of their potential sentences

    • Identify the types of crimes that affect business

Chapter 4


What is a crime

What is a CRIME?

A punishable offense

Breach of the peace

Identify a domestic or foreign situation where society’s peace has been destroyed.

What is the result of this situation?

Chapter 4


Crimes and criminal behavior

CRIMES AND CRIMINAL BEHAVIOR

  • Elements of criminal acts that must be proven at trial

    • Duty

      • Did you have a duty to do or not to do a certain thing?

    • Violation of the duty

      • Did you perform an act in violation of that duty?

    • Criminal intent

      • Did you have criminal intent?

      • Shooting at High School

Chapter 4


Classifications of crimes

CLASSIFICATIONS OF CRIMES

  • Felony-more serious crime

    • Punishment:

      • State prison > than 1 year

      • Fine > $1,000

      • Both

      • death

  • Misdemeanor-less serious crime

    • Punishment:

      • City/county jail < than 1 year

      • Fine < $1,000

      • both

        10 most wanted

Chapter 4


Chapter 4 criminal law and procedure

Chapter 4


Chapter 4 criminal law and procedure

Chapter 4


Business related crimes

Larceny - theft

Receiving stolen property - fence

False pretenses - fraud

Forgery – felony

Bribery

Computer crime

Extortion - blackmail

Conspiracy – agreement to commit

Arson

BUSINESS-RELATED CRIMES

Chapter 4


Top 10 white collar crime cases

Top 10 White Collar Crime Cases

  • Enron collapse

  • Worldcom accounting scandal

  • Bernie Madoff Ponzi scheme

  • InStock trading scandal

  • Countrywide political loan scandal

  • Adelphia collapse

  • Tyco accounting scandal

  • HealthSouth accounting scandal

  • Jack Abramoff lobbying scandal

  • Marcus Schrenker fraud and attempted fake death

Chapter 4


4 2 criminal procedure

4-2Criminal Procedure

  • GOALS

    • Know the rights people have when arrested and their potential criminal liability for the action of others

    • Name and describe the two types of defenses to criminal charges

    • Understand appropriate punishment for crimes

    • Explain the steps in criminal procedure

Chapter 4


Rights and responsibilities

RIGHTS AND RESPONSIBILITIES

  • Rights of the accused

    • Fair procedures

    • Attorney representation

    • Trial by jury

  • Responsibility for the criminal conduct of others

    • Aiding and abetting

Chapter 4


Defenses to criminal charges

DEFENSES TO CRIMINAL CHARGES

Legal position taken by an accused

  • Procedural defenses

    • How evidence is obtained

    • Arrest, interrogation, trial, punishment

  • Substantive defenses

    • Discredit the facts

    • Self defense

    • Criminal insanity

    • immunity

Chapter 4


Punishments for crimes

PUNISHMENTS FOR CRIMES

  • Fines

  • Imprisonment

  • Execution

Chapter 4


Procedure for a criminal trial

PROCEDURE FOR A CRIMINAL TRIAL

  • Pre-trial criminal procedure

    • Investigation

    • Information

    • Indictment

    • Arraignment

    • Preliminary hearing

    • bail

Chapter 4


Procedure continued

Procedure continued

  • Preparations for Trial

    • Investigation

    • Witnesses preparation

    • motions

Chapter 4


Procedures continued

Procedures continued

  • Procedure at Trial

    • Jury selection

    • Opening statements

    • Evidence is presented

    • Closing remarks

    • Jury instructions

    • verdict

Chapter 4


Prevent legal difficulties

PREVENTLEGALDIFFICULTIES

  • As a citizen . . .

    • Work to know the law and to live within its requirements.

    • Never intentionally do something illegal.

    • Never misrepresent a fact to obtain the goods or services of others.

    • Never threaten others with an illegal act to cause them to do something.

    • If arrested, immediately contact a lawyer.

    • Know your rights and make use of them.

Chapter 4


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