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Chapter 7

Chapter 7. Crime. Quotes of the Day. “He threatens many that hath injured one .” Ben Jonson, English Dramatist “Most of the evils of life arise from man’s being unable to sit still in a room.” Blaise Pascal, French Scientist and Religious Essayist.

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Chapter 7

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  1. Chapter 7 Crime

  2. Quotes of the Day “He threatens many that hath injured one.” Ben Jonson, English Dramatist “Most of the evils of life arise from man’s being unable to sit still in a room.” Blaise Pascal, French Scientist and Religious Essayist

  3. The Differences between a Civiland Criminal Case • 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

  4. The Differences between a Civiland Criminal Case • 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

  5. Criminal Procedure • Conduct outlawed • Prosecution must show that the defendant’s 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

  6. State of Mind • 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 jury’s 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

  7. Gathering Evidence: The Fourth Amendment • 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

  8. Gathering Evidence: The Fourth Amendment • 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

  9. Gathering Evidence: The Fourth Amendment • 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

  10. Gathering Evidence: The Fourth Amendment • 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

  11. Gathering Evidence: The Fourth Amendment • 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

  12. Gathering Evidence: The Fourth Amendment • 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

  13. The Case Begins • The Fifth Amendment - Protects criminal defendants—both 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

  14. Right to a Lawyer • 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

  15. After Arrest • 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 government’s formal charge that the defendant has committed a crime and must stand trial • Arraignment - A clerk reads the formal charges of the indictment

  16. After Arrest • 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

  17. After Arrest • 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

  18. Crimes That Harm Business • 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

  19. Crimes That Harm Business • 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 defendant’s possession

  20. Crimes Committed by Business • If someone commits a crime within the scope of his employment and with the intent to benefit the corporation, the company is liable

  21. Selected Crimes Committed by Business • 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

  22. Selected Crimes Committed by Business • 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

  23. Selected Crimes Committed by Business • 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 attorney’s 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

  24. Selected Crimes Committed by Business • Other crimes - An increasing number of federal and state statutes are designed to punish those who harm the environment

  25. Punishing a Corporation • 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

  26. Punishing a Corporation • 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

  27. “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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