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CHAPTER 4 Criminal Law and Procedure

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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  1. CHAPTER 4Criminal Law and Procedure 4-1 Criminal Law 4-2 Criminal Procedure

  2. 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 Chapter 4

  3. 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

  4. 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

  5. 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

  6. Chapter 4

  7. Chapter 4

  8. 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

  9. 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

  10. 4-2 Criminal 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

  11. 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

  12. 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

  13. PUNISHMENTS FOR CRIMES • Fines • Imprisonment • Execution Chapter 4

  14. PROCEDURE FOR A CRIMINAL TRIAL • Pre-trial criminal procedure • Investigation • Information • Indictment • Arraignment • Preliminary hearing • bail Chapter 4

  15. Procedure continued • Preparations for Trial • Investigation • Witnesses preparation • motions Chapter 4

  16. Procedures continued • Procedure at Trial • Jury selection • Opening statements • Evidence is presented • Closing remarks • Jury instructions • verdict Chapter 4

  17. 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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