LAW 3220 1st Edition Exam 2 Study Guide Lectures 6 11 Lecture 6 February 10 Who makes criminal law Who decides the punishment in a criminal trial What are the two types of crime What are the four categories of crime What is criminal negligence Crime Either you do something or fail to do something that violate a penal law Legislators make criminal law In criminal case punishment is statutory punishment decided by judge jury decides guilty or not guilty 2 Types of Crime o 1 Felonies serious crime Odds of getting employment after go way down Felony can t be expunged can be pardoned very unlikely Use right to vote right to run for office right to own firearms right to be on a jury o 2 Misdemeanor not as serious Can occasionally be expunged Criminal domestic violence Has statute that says if you do this you lose the right to own a firearm If you break statute it s a 250 000 federal crime Like with criminal domestic violence might be small original punishment but if anything else happens it could be very bad Crime Categories o 1 Violent i e Murder Assault and Battery o 2 Nonviolent i e Theft Breaking and Entering o 3 Victimless i e Drug use o 4 White Collar Any kind of financial crime When a crime happens o 1 Police come to the scene o o 2 Collect evidence 3 File for an arrest warrant If you don t see the crime happen you need a warrant Warrant is signed by a judge Only need probable cause to make the arrest o 4 Person arrested gets a lawyer o 5 Solicitor needs to prove guilt beyond reasonable doubt Many things depend on prosecutor o If solicitor has relationship with prosecutor they hate each other the prosecutor is lazy etc case may be handled differently Criminal negligence o Not intentional o Ex Felony DUI drinking and driving and kill someone Actus Reus The guilty act Mans Rea criminal intent Fifth Amendment Right against self incrimination right to remain silent cops have to read you your rights o Don t have to take a sobriety test but lose your license if you refuse Commonwealth vs Angelo Todesco Corp o Corp had a man driving a cement truck ran over and killed a cop because truck didn t have proper safety equipment driver had to pay a fine company was charged 2500 appealed twice needed to prove three elements 1 Individual has to commit a criminal offense 2 At the time he was doing corporate business 3 corporation can be held liable for acts of their employees Businesses are more likely to commit federal white collar crimes If they have any evidence which tends to prove you re not guilty they have to turn that over to you Self defense stops when you get the other person in a position where they can t hurt you anymore Some self defense cases are given a jury trial to see if it was actually self defense Statute of Limitations limit for what you can sue not typically in criminal cases Entrapment being lured into committing a crime you would never commit cannot be convicted if this happens Chain of Custody bagging and tagging evidence so that it can be used in trial Evidence can be thrown out if o 1 You get evidence without a warrant Fruit of the Poisonous Tree o 2 You don t follow the proper chain of custody th 4 Amendment Search and Seizure need a warrant from a judge United States vs Young o Young sold tax free fuel in a marina was allowed by the IRS IRS thought that it wasn t for marina purposes and was just to other buyers IRS x rayed FedEx packages which they though was holding the money packages contained cash got a warrant to search went to court Young tried to say that the IRS didn t have the right to inspect packages court ruled against Young because there was no expectation of privacy in shipping FedEx packages Can plead guilty not guilty or no contest Arraignment Should plead not guilty from the beginning because it gives you time Don t have to be given bond o Depends on severity of the crime and if you re a flight risk might flee the country o Also depends on the judge Lecture 7 What is a white collar crime and what are some examples What is tort What is negligence What four factors do you need to have for it to be able to sue for negligence Prosecutor solicitor district attorney people who defend the government in a criminal case Double Jeopardy If guilty could go to jail prison be on probation pay a fine White collar crime Intentional financial crime Anti trust laws against monopolies price fixing Ex All gas stations agree to charge 5 a gallon Bankruptcy Fraud Lie about your assets so bank doesn t take them to sell off your debt or creditors pressuring bankrupt people Bribery Credit card fraud Computer and Internet fraud Economic Espionage breaking into someone s company and stealing secrets for economic advantage Environmental Crimes Data Fraud Bank fraud changing paperwork Government fraud Healthcare Fraud overbilling ordering multiple tests doctors referring Insider Trading Insurance Fraud Falsified claims etc Mail Fraud Money laundering take illegally obtained money from drugs prostitution etc and making it good money covering it up Federal regulations put in place to make it harder to do Banks help to keep track Telephone Telemarketing Fraud Security Fraud Australians worked in China at a mining resource company 4 employees arrested for taking bribes and stealing commercial secrets from the Chinese Chinese trials are private Australian prime minister complained about the lack of transparency men were convicted Moral when you re in another country you have to follow that country s laws Racketeering bribery corruption tax evasion etc Made RICO law incorporates all fraud very broad used against terrorists Internal Fraud fraud that occurs inside the company Rigging payroll falsified reimbursement expenses stealing from accounts Tax evasion not a crime not to pay your taxes is a crime not to file your taxes Two British men coming here had their laptops seized coming across the border Federal Sentencing Guidelines Give a factor for each conviction which allows the punishment to be concluded Advisory not mandatory Two guys had an extreme investment scheme one guy got a 45 year sentence one guy got a 10 year sentence appealed first guy hid money and put it in secret accounts second guy froze the money and cooperated therefore difference sentences Tort Civil wrong Civil law comes from common law Restitution In a civil case have to pay for the damages you caused compensation Can use civil and criminal law in conjunction to really punish someone Have intentional ex
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