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LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. CHAPTER CHAPTER 4 4 Criminal Law and Criminal Law and Procedure Procedure 4-1 4-1 Criminal Law 4-2 4-2 Criminal Procedure
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CHAPTER 4 Criminal Law and Procedure

Dec 30, 2015

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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. - PowerPoint PPT Presentation
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Page 1: CHAPTER  4 Criminal Law and Procedure

LAW for Business and Personal Use© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

CHAPTER CHAPTER 44

Criminal Law and Criminal Law and ProcedureProcedure

4-14-1 Criminal Law

4-24-2 Criminal Procedure

Page 2: CHAPTER  4 Criminal Law and Procedure

LAW for Business and Personal Use© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

Chapter 4

SLIDE 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

Page 3: CHAPTER  4 Criminal Law and Procedure

LAW for Business and Personal Use© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

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

SLIDE 3

Page 4: CHAPTER  4 Criminal Law and Procedure

LAW for Business and Personal Use© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

Chapter 4

SLIDE 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

Page 5: CHAPTER  4 Criminal Law and Procedure

LAW for Business and Personal Use© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

Chapter 4

SLIDE 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

Page 6: CHAPTER  4 Criminal Law and Procedure

LAW for Business and Personal Use© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

Chapter 4

SLIDE 6

Crimes Against Type of Crime

A person Assault/battery Hate Crime RapeKidnapping Murder

Property Theft RobberyEmbezzlement

Government/administration of Justice

Treason Tax Evasion Perjury

Public Peace/Order Rioting Disorderly ConductIllegal speeding

Realty Burglary Arson Criminal Trespass

Consumers Fraudulent Sale of SecuritiesViolation of Pure Food & Drug Laws

Decency Bigamy Obscenity Prostitution

Page 7: CHAPTER  4 Criminal Law and Procedure

LAW for Business and Personal Use© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

Chapter 4

SLIDE 7

Page 8: CHAPTER  4 Criminal Law and Procedure

LAW for Business and Personal Use© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

Chapter 4

SLIDE 8

BUSINESS-RELATED CRIMES Larceny - theft Receiving stolen

property - fence False pretenses - fraud Forgery – felony Bribery

Computer crime Extortion - blackmail Conspiracy –

agreement to commit Arson

Page 9: CHAPTER  4 Criminal Law and Procedure

LAW for Business and Personal Use© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

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

SLIDE 9

Page 10: CHAPTER  4 Criminal Law and Procedure

LAW for Business and Personal Use© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

Chapter 4

SLIDE 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

Page 11: CHAPTER  4 Criminal Law and Procedure

LAW for Business and Personal Use© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

Chapter 4

SLIDE 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

Page 12: CHAPTER  4 Criminal Law and Procedure

LAW for Business and Personal Use© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

Chapter 4

SLIDE 12

DEFENSES TO CRIMINAL CHARGESLegal position taken by an accusedProcedural defenses

How evidence is obtained Arrest, interrogation, trial, punishment

Substantive defenses Discredit the facts Self defense Criminal insanity immunity

Page 13: CHAPTER  4 Criminal Law and Procedure

LAW for Business and Personal Use© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

Chapter 4

SLIDE 13

PUNISHMENTS FOR CRIMES

Fines Imprisonment Execution

Page 14: CHAPTER  4 Criminal Law and Procedure

LAW for Business and Personal Use© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

Chapter 4

SLIDE 14

PROCEDURE FOR A CRIMINAL TRIAL

Pre-trial criminal procedure Investigation Information Indictment Arraignment Preliminary hearing bail

Page 15: CHAPTER  4 Criminal Law and Procedure

LAW for Business and Personal Use© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

Procedure continued

Preparations for Trial Investigation Witnesses preparation motions

Chapter 4

SLIDE 15

Page 16: CHAPTER  4 Criminal Law and Procedure

LAW for Business and Personal Use© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

Procedures continued

Procedure at Trial Jury selection Opening statements Evidence is presented Closing remarks Jury instructions verdict

Chapter 4

SLIDE 16

Page 17: CHAPTER  4 Criminal Law and Procedure

LAW for Business and Personal Use© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

Chapter 4

SLIDE 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.