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ECU FINA 2244 - Chapter 5 Outline

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Chapter 5Criminal Law and BusinessI. CrimeA. DefinitionB. Criminal law as opposed to civil lawC. Categories of crime1. infractions2. misdemeanors3. felonies4. violent as opposed to nonviolent5. white collar crimeII. ProsecutionA. Role of the prosecutorB. Requirements for conviction1. actus reus2. mens reaC. Criminal negligenceD. The Business as a Criminal Defendant – Angelo Todesca Corp.E. Defenses1. statute of limitations2. alibi3. intoxication4. insanity5. self-defense6. entrapmentF. Miranda rightsG. Evidence1. gathering evidence2. exclusionary rule3. warrants and probable causea. YoungH. BailI. Indictment, Arraignment & First AppearanceJ. Plea BargainingK. The Trial Process and DiscoveryL. Burden of Proof - What does beyond a reasonable doubt really mean?M. Double JeopardyIII. White Collar CrimesA. AntitrustB. BriberyC. Credit Card Fraud (Financial Transaction Card Crimes)D. Embezzlement and Larceny By EmployeeE. Mail Fraud, Wire Fraud, and Telephone FraudF. Money LaunderingG. Obtaining Property By False PretensesH. RICO Act 1. criminal prosecution2. potential civil claims - BridgeIV. Sentencing GuidelinesA. Federal guidelines formation and complianceB. State mitigating and aggravating factorsC.


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