BCOR 3000 1st Edition Lecture 26 Outline of Last Lecture I Basic Criminal Concepts II Purposes of Criminal Penalties Outline of Current Lecture I Corporate Criminal Liability II Crimes of Thef III Arson IV Other Crimes V White Collar Crimes VI RICO VII Defenses VIII Procedure Steps IX Outcomes X Attorney Client Privilege XI 6th Amendment Current Lecture Corporate Criminal Liability Corporations liable for crimes committed by their agents employees Person liable for own criminal conduct whether or not committed on corporation s behalf Proof Issue Employee in corporate car hits a pedestrian No one saw the driver but saw the corporate car Can t prove who hit the person no case These notes represent a detailed interpretation of the professor s lecture GradeBuddy is best used as a supplement to your own notes not as a substitute There sometimes is not one individual who takes and commits all the steps to a crime therefore the corporation as a whole can be held liable Officer and director liability can be held personally liable even if they do not personally know what was going on Crimes of Thef Robbery Taken by force Burglary Breaking In to commit a felony Now taking property from a building Larceny Any taking of property Distinction gone in many states Cybertheft re defining defined on what the person takes not on what the victim lost Arson The unlawful burning of a building Historically only applied to the home of another Now burning one s own building is arson if purpose is to obtain insurance Other Crimes Obtaining goods by false pretenses Like theft but tricks someone into voluntarily transferring property Tricking People Go in to pick up prescription and impersonate a friend who has a medical prescription that you may want Forgery Falsification of document Intent to change rights and or liabilities fraudulent intent If pick up medicine for mother or grandmother if no evil intent no forgery White Collar Crime Embezzlement Criminal properly had access but improperly kept or took property Key trusted with property and then wrongful convert or keep it and don t give it back Mail and Wire Fraud Makes the fraud a federal offense If you use mail or wires includes the internet Bankruptcy Fraud 3 6 month period with filing for bankruptcy Happens on both the side of the company in bankruptcy and the people who want to take advantage of the bankruptcy with a bogus claim Ex Snow plowing a parking lot 3 times last winter and snow plower comes and says they never paid me This is a bogus claim of the snow plower trying to abuse the company s bankruptcy problem Insider Trading Trading inside information RICO Racketeering Influenced and Corrupt Organizations Act This is a great example of unintended consequences Aimed at the Mafia organized crime but the problem is that it is a mix of business and criminal activity laundered It s hard to get the Mafia so the gov t made a law so broadly to somehow incorporate their illegal activities and try to catch them and today other business Pattern of Racketeering by an Enterprise Pattern 2 acts w in 10 years Racketeering Various crimes Enterprise Any business entity Result Used for White Collar Crime and used against BIG 4 and general business Criminal Defenses Infancy Intoxication Insanity Mistake Ex took a coat from a coat from and by mistake took the wrong one Consent Justifiable use of Force Law never justifies hurting someone to protect property You can only hurt people to protect yourself family and children or other persons Make My Day Law law presumes that if someone comes into your house any force use will be justifiable Entrapment practice whereby a law enforcement agent induces a person to commit a criminal offense that the person would have otherwise been unlikely to commit Criminal Procedure Steps Arrest Probable Cause Indictment or information Sufficient evidence of criminal conduct to hold for trial Arraignment entry of plea Guilty Not guilty Nolo contendere will pay a fine or go to jail is it the same as guilty in California yes This counts as guilty in most states however if its guilty through this way you would have to prove even though the victim is not going one way or another Plea bargaining used in a lot of traffic cases lowering of a sentence Sentencing Guidelines result in lower convictions rates because jurors are less likely to vote guilty Criminal Trial Outcomes Unanimous Verdict Not guilty Cannot be tried again Ignatow case found guilty for murdering girlfriend then later evidence found that he was guilty double jeopardy used and could not be tried for this case again Sent to jail for purgery No appeal possible Unanimous Verdict Guilty Defendant can appeal b c there is a problem 1st trial thrown out and a brand new trail will begin Subject to a new trial if appeal is successful Hung Jury Any decision other than unanimous is a hung jury 6 6 has same effect as 11 1 Mistrial Can occur any time before verdict and maybe after verdict Both hung jury or mistrial as if no trial occurred New trial might or might not be brought by the state state s choice Guilty verdict hung jury AND mistrial ALL allowed to be re brought up by the state Attorney Client Privilege You the client your protection If you ever talk to a lawyer about anything it cannot be disclosed to anyone Protects clients communications with attorney from being disclosed in court proceedings In control of the client Purpose client full disclosure to attorney Similar privilege can apply doctor accountant therapist spouse parent child clergy Right to Public Jury Trail 6th Amendment Impartial jury of peers Confront cross examine witnesses if someone testifies against me I have the right to cross examine them with questions Lawyer s Assistance this is because of a constitutional right to have representation b c of heavy case loads people can file a claim that they did not receive enough time and effort from their lawyer usually doesn t go through Speedy Trial Act criminal only Statute has set specific limits Defendant can waive request delay Has delayed many civil cases