BCOR 3000 Chapter 6 BCOR 3000 Chapter 6 Professor Michael Maciszewski Professor Michael Maciszewski Esquire Esquire November 19 2015 November 19 2015 Agenda Agenda Criminal Law Criminal Law 1 1 Introduction Introduction 2 2 Civil Law and Criminal Law Civil Law and Criminal Law 3 3 Criminal Liability Criminal Liability 4 4 Types of Crimes Types of Crimes 5 5 Defenses to Criminal Liability Defenses to Criminal Liability 6 6 Constitutional Safeguards and Criminal Constitutional Safeguards and Criminal Procedures Procedures Introduction Introduction Why is it important to study criminal law in a business school class Many statutes regulating business provide for criminal as well as civil sanctions Civil Law and Criminal Law Civil Law and Criminal Law Civil Law duties that exist between persons or between persons and their governments excluding the duty not to commit crimes Criminal Law involves wrongs committed against society proclaimed in a statute and punishable by society through fines imprisonment and or death Because crimes are committed against society as a whole criminals are prosecuted by a public official such as a district attorney rather than by the crime victims Civil Law and Criminal Law cont d d Civil Law and Criminal Law cont Burden of Proof Civil Law plaintiff must prove his her case by a preponderance of the evidence More likely than not that the plaintiff s allegation is true Criminal Law state must prove its case beyond a reasonable doubt Higher standard Criminal Sanctions Harsher on criminal wrongdoers than those applied in civil cases Punitive and deterring factors Criminal Liability Criminal Liability To be convicted of a crime there must be 1 Performance of a prohibited act Actus reus prohibited act 2 A specified state of mind or intent on the part of the wrongdoer Mens rea wrongful mental state the guilty mind which depends on the prohibited act that was committed Criminal Liability cont d d Criminal Liability cont Corporate Criminal Liability Corporations are normally liable for the crimes committed by their agents and employees within the course and scope of their employment For such criminal liability to be imposed prosecutor typically must show corporation could have prevented the act or that a supervisor within corporation authorized or had knowledge of the act Can also be held criminally liable for failing to perform specific duties imposed by law e g duties under environmental laws or securities laws Criminal Liability cont d d Criminal Liability cont Liability of Corporate Officers and Directors Corporate officers and directors are personally liable for the crimes they commit regardless of whether the crimes were committed for their personal benefit or on corporation s behalf They may also be held liable for the actions of employees under their supervision Types of Crimes Types of Crimes 5 broad categories of crimes Violent Property Public Order White Collar Organized Types of Crimes cont d d Types of Crimes cont 1 Violent Crimes Crimes against persons which cause others to suffer harm or death Murder Sexual assault Rape Assault Battery Robbery forcefully and unlawfully taking personal property of any value from another person Types of Crimes cont d d Types of Crimes cont 2 Property Crimes crimes in which the goal of the offender is some form of economic gain or the damaging of property Robbery Burglary unlawful entry or breaking into a building with the intent to commit a felony Larceny wrongful taking and carrying away of another person s personal property with the intent to permanently deprive the owner of the property Obtaining goods by false pretenses Receiving stolen goods Arson intentional burning of a building Forgery fraudulent making or altering of any writing in a way that changes the legal rights and liabilities of another Types of Crimes cont d d Types of Crimes cont 3 Public Order Crimes outlawed activities that are considered to be contrary to public values and morals especially because they may create an environment that gives rise to property and violent crimes Public drunkenness Prostitution Gambling Illegal drug use Types of Crimes cont d d Types of Crimes cont 4 White Collar Crimes nonviolent crimes committed by individuals or corporations to obtain a personal or business advantage Embezzlement fraudulent appropriation of funds or other property by a person who was entrusted with the funds or property Mail and wire fraud devising scheme using the U S mail commercial carriers or wire telephone TV social media with the intent to defraud the public Bribery Bankruptcy fraud Thefts of trade secrets Insider trading purchase or sale of securities on the basis of inside information that has not been made available to public Types of Crimes cont d d Types of Crimes cont 5 Organized Crime operates illegitimately by among other things providing illegal goods and services Money laundering engaging in financial transactions to conceal the identity source or destination of illegally gained funds Types of Crimes cont d d Types of Crimes cont Classification of Crimes Felonies serious crimes punishable by death or by imprisonment for more than one year Many states also define different degrees of felony offenses and vary the punishment according to the degree Misdemeanors less serious crimes punishable by a fine or by confinement for one year or less Petty offenses considered to be a subset of misdemeanors which include the least serious violations e g traffic code violations or building code violations Defenses to Criminal Liability Defenses to Criminal Liability Justifiable use of force Necessity Insanity Mistake of Fact Duress Entrapment Statute of Limitations Immunity Defenses to Criminal Liability Defenses to Criminal Liability cont d d cont Justifiable use of force Self defense legally recognized ability to do what is reasonably necessary to protect oneself one s property or someone else against injury by another Deadly force likely to result in death or serious bodily harm Can be used in self defense only if Defender reasonably believes imminent death or grievous bodily harm will otherwise result Attacker is using unlawful force Defender did not initiate or provoke the attack Non deadly force force that reasonably appears necessary to prevent the imminent use of criminal force Can use the amount that seems necessary Defenses to Criminal Liability Defenses to Criminal Liability Necessity Criminal defendants can escape liability if they can