After reading the material in this chapter, you should be able to: Describe the nature and elements of a crime, including evidence required; understand constitutional limitations, defenses, and protections within criminal law; explain criminal procedure; discuss corporate crime, including rico and computer-based crimes. | Crimes & Torts Crimes Intentional Torts Negligence & Strict Liability Intellectual Property & Unfair Competition 2 McGraw-Hill/Irwin Business Law, 13/e © 2007 The McGraw-Hill Companies, Inc. All rights reserved. Crimes P A E T R H C 5 “Wherever Law ends, Tyranny begins.” John Locke Learning Objectives The nature and elements of a crime Constitutional limitations on criminal law Criminal procedure Constitutional protections Corporate crime 5 - Nature of Crimes Crimes are public wrongs, classified from most serious to least serious as Felony Misdemeanor Infraction To convict a defendant, government must Demonstrate alleged acts violated criminal statute Prove defendant’s guilt beyond reasonable doubt Prove defendant had criminal intent 5 - Proof and Intent Defendants presumed innocent until proven guilty beyond a reasonable doubt Most serious crimes require proof of defendant’s capacity for criminal intent (mens rea) Incapacity recognized: intoxication, infancy, and insanity | Crimes & Torts Crimes Intentional Torts Negligence & Strict Liability Intellectual Property & Unfair Competition 2 McGraw-Hill/Irwin Business Law, 13/e © 2007 The McGraw-Hill Companies, Inc. All rights reserved. Crimes P A E T R H C 5 “Wherever Law ends, Tyranny begins.” John Locke Learning Objectives The nature and elements of a crime Constitutional limitations on criminal law Criminal procedure Constitutional protections Corporate crime 5 - Nature of Crimes Crimes are public wrongs, classified from most serious to least serious as Felony Misdemeanor Infraction To convict a defendant, government must Demonstrate alleged acts violated criminal statute Prove defendant’s guilt beyond reasonable doubt Prove defendant had criminal intent 5 - Proof and Intent Defendants presumed innocent until proven guilty beyond a reasonable doubt Most serious crimes require proof of defendant’s capacity for criminal intent (mens rea) Incapacity recognized: intoxication, infancy, and insanity 5 - Criminal Procedure Arrest and booking of defendant Arrest report filed with prosecutor If defendant charged, complaint filed Defendant’s initial appearance before judge Preliminary (probable cause) hearing If probable cause exists, formal charge – information or indictment – filed with court 5 - Booking is an administrative procedure and includes fingerprinting, mugshots, etc. Bail may be available at this stage. After receiving the arrest report, the prosecutor decides whether to charge the defendant with the alleged offense. During an initial appearance, the magistrate or judge informs the accused of the charges and outlines the accused’s constitutional rights. If a misdemeanor in which the defendant pleads guilty, the sentence may be imposed without a later hearing. If the accused pleads not guilty to a misdemeanor charge, a trial is set for a later date. The magistrate sets the amount of bail for any crime when a later trial date has been set. In many states, the .
