BCOR 3000 1st Edition Lecture 26 Outline of Last Lecture I. Basic Criminal ConceptsII. Purposes of Criminal PenaltiesOutline of Current LectureI. Corporate Criminal LiabilityII. Crimes of ThefIII. ArsonIV. Other CrimesV. White Collar CrimesVI. RICOVII. DefensesVIII. Procedure StepsIX. OutcomesX. Attorney-Client PrivilegeXI. 6th AmendmentCurrent LectureCorporate 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 personallyknow 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 insuranceOther 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 abusethe company’s bankruptcy problem.• Insider Trading– Trading inside informationRICO• 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 criminaloffense that the person would have otherwise been unlikely to commitCriminal 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 throughthis 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