Business Law Today Text and Summarized Cases 10th Ed Diverse Ethical Online and Global Environment Roger LeRoy Miller Gaylord Jentz Chapter 6 Criminal Law and Cyber Crime AlexKosev iStockphoto com 2014 Cengage Learning All Rights Reserved May not be copied scanned or duplicated in whole or in part except for use as permitted in a license distributed with a certain product or service or otherwise on a password protected website for classroom use CIVIL LAW AND CRIMINAL LAW Key Differences Between Civil Law and Criminal Law Burden of Proof Civil preponderance of the evidence Verdict is by a majority Criminal proof beyond a reasonable doubt Verdict must be unanimous 2014 Cengage Learning All Rights Reserved May not be copied scanned or duplicated in whole or in part except for use as permitted in a license distributed with a certain product or service or otherwise on a password protected website for classroom use 2 EXHIBIT 6 1 KEY DIFFERENCES BETWEEN CIVIL LAW AND CRIMINAL LAW 2014 Cengage Learning All Rights Reserved May not be copied scanned or duplicated in whole or in part except for use as permitted in a license distributed with a certain product or service or otherwise on a password protected website for classroom use 3 CIVIL AND CRIMINAL LIABILITY FOR SAME ACT 2014 Cengage Learning All Rights Reserved May not be copied scanned or duplicated in whole or in part except for use as permitted in a license distributed with a certain product or service or otherwise on a password protected website for classroom use 4 CRIMINAL LIABILITY For a person to be convicted of a criminal act two elements must exist simultaneously A criminal act actus reus AND A wrongful mental state mens rea 2014 Cengage Learning All Rights Reserved May not be copied scanned or duplicated in whole or in part except for use as permitted in a license distributed with a certain product or service or otherwise on a password protected website for classroom use 5 CRIMINAL LIABILITY The Criminal Act Most are acts of commission but in some situations failure to do something can be a criminal act e g file a tax return 2014 Cengage Learning All Rights Reserved May not be copied scanned or duplicated in whole or in part except for use as permitted in a license distributed with a certain product or service or otherwise on a password protected website for classroom use 6 CRIMINAL LIABILITY State of Mind A wrongful mental state is required What is wrongful depends on the crime Recklessness and Criminal Negligence or Recklessness defendant consciously disregards a substantial and unjustifiable risk Strict Liability and Overcriminalization 2014 Cengage Learning All Rights Reserved May not be copied scanned or duplicated in whole or in part except for use as permitted in a license distributed with a certain product or service or otherwise on a password protected website for classroom use 7 CRIMINAL LIABILITY Corporate Criminal Liability Liability of the Corporate Entity Crimes must occur within scope of employment Corporations can be held criminally liable when they FAIL to fulfill certain statutory duties 2014 Cengage Learning All Rights Reserved May not be copied scanned or duplicated in whole or in part except for use as permitted in a license distributed with a certain product or service or otherwise on a password protected website for classroom use 8 CRIMINAL LIABILITY Corporate Criminal Liability Corporate officers and directors can be criminally liable under the Responsible Officer doctrine 2014 Cengage Learning All Rights Reserved May not be copied scanned or duplicated in whole or in part except for use as permitted in a license distributed with a certain product or service or otherwise on a password protected website for classroom use 9 TYPES OF CRIMES White Collar Crime Mail and Wire Fraud Bribery Bankruptcy Fraud Theft of Trade Secrets Insider Trading 2014 Cengage Learning All Rights Reserved May not be copied scanned or duplicated in whole or in part except for use as permitted in a license distributed with a certain product or service or otherwise on a password protected website for classroom use 10 CLASSIFICATION OF CRIMES Felonies serious crimes punishable by death or by imprisonment over one 1 year Misdemeanors less serious crimes punishable by fine or by confinement up to one 1 year 2014 Cengage Learning All Rights Reserved May not be copied scanned or duplicated in whole or in part except for use as permitted in a license distributed with a certain product or service or otherwise on a password protected website for classroom use 11 DEFENSES TO CRIMINAL LIABILITY Intoxication Insanity Self Defense Miranda 2014 Cengage Learning All Rights Reserved May not be copied scanned or duplicated in whole or in part except for use as permitted in a license distributed with a certain product or service or otherwise on a password protected website for classroom use 12 SAFEGUARDS AND CRIMINAL Fourth Amendment Protections PROCEDURES Search Warrants and Probable Cause Permission to search Plain Sight Chain of Custody and Evidence 2014 Cengage Learning All Rights Reserved May not be copied scanned or duplicated in whole or in part except for use as permitted in a license distributed with a certain product or service or otherwise on a password protected website for classroom use 13 SAFEGUARDS AND CRIMINAL Fourth Amendment Protections PROCEDURES Search and Seizure in Businesses Warrant required in some cases No warrant required for contaminated food or highly regulated liquor or gun businesses 2014 Cengage Learning All Rights Reserved May not be copied scanned or duplicated in whole or in part except for use as permitted in a license distributed with a certain product or service or otherwise on a password protected website for classroom use 14 SAFEGUARDS AND CRIMINAL Fifth Amendment Protections PROCEDURES Due Process of Law Opportunity to Object Hearing before a neutral Magistrate Double Jeopardy Person cannot be retried for the same offense in the same court Civil action however is permitted 2014 Cengage Learning All Rights Reserved May not be copied scanned or duplicated in whole or in part except for use as permitted in a license distributed with a certain product or service or otherwise on a password protected website for classroom use 15 SAFEGUARDS AND CRIMINAL Fifth Amendment Protections PROCEDURES Self Incrimination Right to Remain Silent or not testify against yourself 2014 Cengage Learning All Rights Reserved May not