New version page

ECU FINA 2244 - Chapter 5 Outline

This preview shows page 1 out of 3 pages.

View Full Document
View Full Document

End of preview. Want to read all 3 pages?

Upload your study docs or become a GradeBuddy member to access this document.

View Full Document
Unformatted text preview:

Chapter 5Criminal Law and BusinessI. Crime Pg. 111A. Definition: Individual states vary greatly, any act done in violation of duties that an individual owes to a community, the offender will make satisfaction to the public B. Criminal law as opposed to civil law: Legal wrongs and crimes against the government rights and responsibilities against society, can be both C. Categories of crime1. infractions: Violation of law, not criminal, penalty of $100 or less. EX Parent letting a child ride a bike without a helmet and is in an accident2. misdemeanors: A1: most serious, up to 150 days in jail, class1, class 2, class 3: being the least serious, drunk in public, 20 days in jail3. felonies: A: most serious first degree murder, NC life in prison without parole or death penalty, only if certain facts apply, must be 18 or older and meet mental status and when crime was carried out, Class I: least serious, possession of cocaine, 15 months in prison, 9096, punishment determine the seriousness of the offense and prior record level, violent crimes are punished more severely or to society like drug trafficking.White collard crime: criminal activity for financial advantage that occurs in business 4. violent as opposed to nonviolent5. white collar crime Pg. 112II. ProsecutionA. Role of the prosecutor: Lawyer, NC is to be a minister of justice, seek justice Pg. 113B. Requirements for conviction Pg. 1131. actus reus: wrongful deed or act2. mens rea: criminal intent or wrongful purposeC. Criminal negligence: Carelessness to disregard of others safety, EX running a red light and hitting a school bus. Pg. 113D. The Business as a Criminal Defendant – Angelo Todesca Corp.: Business can be convicted of a crime. Employee driving truck backed over a policeman. Corporation could be convicted of a crime B/c the employee convicted the crime doing corporate business. Applies in NC Pg. 113-114E. Defenses Pg. 1151. statute of limitations: Time the act completing the offense occurs after time goes by, the time is up, NC 2 years, time-limit. Does not apply in NC for felonies2. alibi: Evidence that you did not commit the crime, you were in a different place during the crime, EX: receipt at a restaurant3. intoxication: Being impaired, not in NC, stops elements of intent4. insanity: NC defendant must prove they are incapable or did not know right or wrong5. self-defense: 6. entrapment: Idea that you were tricked to commit the offense, must prove trickery fraud or persuasion and you were not predisposed to commit the offenseF. Miranda rights: Must be read rights while in custody, in restraint, right to remain silent, cousel, attorney apopointed, statements said can be used against you, must waive rights voluntarily. If not told, does not matter. Pg. 113G. Evidence Pg. 1151. gathering evidence: Police must gather evidence, handle, and store it properly. Chain of custody, show where evidence has been, how it was stored and treated.May be excluded2. exclusionary rule: Evidence is improper 3. warrants and probable clause: Good reason to believe a crime has been committeda. Young: Pg. 116*H. Bail: Unsecured bond does not require payment of money on your part, secure bond does. Bond type depends on employment, finance, mental condition, past record, and past appearance or non appearance in courtI. Indictment(information presented about charge to a grand jury in secret, if true bill is found it goes to superior court) Arraignment (asked how you plead, time of arraignment varies) & First Appearance(96 hours in NC, reread rights): Pg. 116J. Plea Bargaining: Plea of guilty to some punishment. Deferred prosecution and case is dismissed. Pg. 117K. The Trial Process and Discovery: Exculpatory evidence shows you are not guiltyL. Burden of Proof - What does beyond a reasonable doubt really mean? NC evidence that fully satisfies and convinces to moral certainty M. Double Jeopardy: If found not guilty or quilty, cannot be tried again, 5th amendment. Can be tried for different reasoning or crimes or in appeals courtIII. White Collar Crimes Pg. 119-120A. Antitrust: B. BriberyC. Credit Card Fraud (Financial Transaction Card Crimes): Unauthorized use of a credit card, felony in NC, D. Embezzlement and Larceny By Employee: 16 or older in a position of trust takes goods that have been given to them and took it. Element of employment- does not have to be in a position of trust. Same punishmentE. Mail Fraud- Federal law 20-30 years in prison, Wire Fraud-hiding money, and Telephone Fraud-20 or 30 years in prison, Property by false pretense- knowingly obtaining something of value to cheat or defraud, Pg. 122, 127, 128F. Money Laundering Pg. 123*G. Obtaining Property By False PretensesH. RICO Act: Racateer influence and corrupt organization. Pattern of illegal activity Pg. 1241. criminal prosecution: Pg 1252. potential civil claims – Bridge: Pg. 125IV. Sentencing Guidelines: Minimum and Maximum punishment to be fair Pg. 131A. Federal guidelines formation and compliance: Advisory, Structured sentencing*B. State mitigating and aggravating factors: Mitigating factors help you, solving the issue with the person, old or young age. Factors that make the issue worse, Ex: ring leader or street gang. Considers both factors to make a decisionC. Allmendinger: Different sentences, liquidated assets and admitted wrong doing. Other individual fleed. Difference in ruling applies. Pg.


View Full Document
Loading Unlocking...
Login

Join to view Chapter 5 Outline and access 3M+ class-specific study document.

or
We will never post anything without your permission.
Don't have an account?
Sign Up

Join to view Chapter 5 Outline and access 3M+ class-specific study document.

or

By creating an account you agree to our Privacy Policy and Terms Of Use

Already a member?