CH 10.The criminal law is currently primarily made up of statues passed by Congress and state legislatures.There is a federal criminal code and a criminal code in each state.Crime may be a positive or negative act that violates a penal law.A crime is “any act done in violation of those duties which an individual owes to the community, and for the breach of which the law has provided that the offender shall make satisfaction to the public”.Civil law concerns civil and private rights and remedies.Felony is a serious crime.Misdemeanors are less serious crimes, often called petty offenses that are grouped into class A, B and C.Violent crimes are ones where physical force is use ex. Murder, rapeCrimes against property include burglary and theft.White-collar crimes are nonviolent crimes committed by corporations or individuals, such as embezzlement, bribery, fraud.There is often politics in the criminal law process.To be convicted of a crime the government must prove beyond a reasonable doubt that…The accused committed the illegal act.That there was necessary intent or state of mind to commit the act.Actus reus – pefomring a wrongful deedMens rea – criminal intent that must be established showing the “guilty mind”Criminal negligence is “a degree of carelessness amounting to a culpable disregard of rights and safety of others”.Businesses can be convicted of crimes.When arrested the suspect must be read Miranda rightsRight to silenceRight to attorneyStatements may be used against themIt is inferred that there is corporate liability.Commonwealth v. Angelo TodescaRestrictions on prosecution:1. If a crime is not prosecuted within the time set by the statue of limitations2. Statue of limitations may toll, that is, the clock stops running under certain circumstance. (ex. Suspect flees country).3. Criminal can attempt to convince jury with alibi4. Affirmative defense, that is even if true there should be no crime charged, such as self-defense or insanity.5. Entrapment, when traps are sprang on people.Chain of custody – The state gatherers or gatherers of evidence must show that the evidence was gathered, handled, and presented properly.“Fruit of a poisonous tree” – evidence gathered improperlyBy the exclusionary rule – evidence gathered improperly may not be used in trial.A warrant must be obtained unless the police are in “hot pursuit”.A warrant is issued by a judge or appointed magistrate, who, in the name of the state, authorizes an officer to search for and seize any property that may be evidence of a crime.To obtain a warrant the officers must show probable cause to the judge.United States v. YoungSometimes a grand jury is used to review potential felony cases and determine probable cause.Typically if a prosecutor requests a indictment from a grand jury, it is fulfilled.In non-violent matters the suspect has a date in which they must surrender, in violent matters, typically the suspect is arrested.There is a court appearance called an “arraignment” after suspects turn themselves in.This arraignment is where the district attorney gives the accused a copy of criminal charges.This meeting is before a judge or magistrate and the defendant may plead guilty, no contest (nolo contendere), or innocent.Depending on the severity of the crime, after the arraignment the suspect is eitherLet go until trialKept until trialHave to set bail to be let go until trialA plea bargain is typically attempted at near arraignment to save time, money, and the uncertainty of trial.In civil discovery phase, both sides have to exchange all relevant information with each other.In a criminal trial each side is entrusted with doing their own investigating.Under the constitution, the prosecution must disclose any exculpatory evidence.Exculpatory evidence is evidence that might show that the defendant is not guilty.The lack of civil discovery tools can be a serious handicap for criminal defense lawyers.The defense can keep its strategy of defense a secret.Prosecutors can not interview or question the accused prior to trial.The prosecution is much more structuralized for rules compared to the defense.Beyond a reasonable doubt means that the evidence fully satisfied the court to a moral certainty.If the jury finds the accused not guilty, that is the end of the criminal matter.Those found that are acquitted are found not guilty, it is not called innocent.Double jeopardy prevents a defendant from being tried a second time for the same crime.Mistrial is when the jury can not decide.White collar crimes used to refer to crimes made by people of high statue, hence the white collars on business people shirts.Blue collar refers to blue collars wore by everyday people.White collar in the modern sense means criminal activity that is done for financial gain.The FBI estimates that such crimes cause economic losses of at least a 1/3 trillion a year.Antitrust-Anticompetitive conduct and price fixing.Bankruptcy Fraud- This is committed when a person or corporation hides or lies about assets in bankruptcy proceedings.Bribery- The offer of or taking of money, goods, services, or other things of value to influence official actions or decisions may be bribery.Counterfeiting – The copying of a genuine item without authorization, especially when it is passed off for the genuine item. Ex. Currency, designer clothes.Credit Card Fraud – The unauthorized use of a credit card to obtain goods, services, or cash. Ex. Using trash receipts, making extra charges as a clerkComputer and Internet Fraud – Using account numbers found in trash, unauthorized use of computers and computer files, along with sabotage of computers.Economic Espionage – The theft or misappropriation of valuable business information, such as a trade secret, is generally called economic espionage. Penalties are harsh when it involves foreign businesses.Embezzlement – When someone is in a position of trust with money or other valued property, and they take it for their use.Environmental Law Violation – Causing environmental harm by breaking a federal or state statue. EPA has large enforcement and its goal is to force additional private sector spending on new pollution reduction methods.Financial Fraud is the ability of federal regulatory agencies to oversee banks and other financial institutions to insure those firms are not involved in fraud in loans, financial documents, mortgages, and other abuses.Government Fraud insures that public