Business Law Text Notes Essay

Nature of abhorrencesCrimes are public wrongs- acts prohibited by the relegate or federal government. Typically classified as a felony or a misdemeanorFelony- A serious offensive activitys such as murder, versed assault and involve significant moral culpableness on the offenders part. These are punishable by lengthy prison sentences, fines, impairment of voting advanceds, revoking of professional licenses. Misdemeanor- A lesser offense such as disorderly conduct or battery resulting in minor carnal harm to the victim. These usually involve much less moral culpability by the offender than those of felony offenses. Punishable by lesser fines and confinement in prison.Purpose of the abominable SanctionUnder the utilitarian view mountain believe that prevention of socially undesirable behavior is the only take aim of criminal penalties. This goal of prevention includes three major components deterrence, rehabilitation, and incapacitation.Deterrence- Under this scheme threat o r imposition of punishment deters crimes in two ways1. Special Deterrence- when punishment of an offender deters him from committing further crimes2. General Deterrence- when punishment of a wrongdoer deters other from committing similar offenses Factors influencing the effectiveness of deterrence are1. Likelyhood crime will be detected2. That detection will be followed by prosecution3. That Prosecution will result in hustleion4. The cogency of the punishment is a key factorRehabilitation- Involves changing offenders attitudes or destine so they are less inclined to commit future offenses.Incapacitation- Incarcerating offenders so they are less likely to commit crimes while imprisoned.Essentials of CrimeTo convict a defendant of a crime the government must1. butt on his alleged acts violated a criminal written 2. Prove beyond a reasonable doubt that he connected those acts and 3. Prove that he had the capacity to form a criminal intentCrimes are statutory offenses. A behavi or is non a crime unless congress or state legislature has criminalized it.Constitutional Limitations on Power to Criminalize bearingThe US Constitution prohibits ex post facto criminal laws. This means that to be illegal the offenders act must have been illegal at the meter of the offense and the penalty imposed must be the one provided for at the time of her offense.Equal Protection ClauseThis prohibits criminal statutes that treat true mortals of the same class or arbitrarily discriminate among different classes of mint. -The one-eighth Amendment of the Constitution forbids cruel and unusual punishment proofread Beyond a Reasonable DoubtFundamental safeguard is a defendant is desolate until proven guilty or the presumption of innocence. The Due Process Clauses take on the government to overcome this presumption by proving all flowers beyond a reasonable doubt.Defendants Criminal Intent and Capacity close to serious crimes required mens rea or criminal intent as an elemen t. Proof that the defendant had the capacity to form the required criminal intent is a prerequisite of criminal responsibility. Criminal law recognizes three flakes of incapacity intoxication, infancy, and insanity.Criminal ProcedureCriminal Prosecutions An Overview-Persons arrested for allegedly committing a crime are interpreted to the police station and booked. -Booking is an admin procedure for recording the louches arrest. -After the interlocking police file an arrest report with the prosecutor who decides whether to charge the person with an offense -If she decides to prosecute she prepares a complaint-The suspect is then taken to the valuate for an initial appearance. During this appearance the judge informs the suspect of the charges against him and outlines the suspects constitutional rights. -In the exemplar of a felony charge there is an additional advance hearing where the prosecutor must present enough evidence to determine probable cause that the suspect commit ted the felony. -If probable cause exists the judge binds over the suspect for a trial in the appropriate romance -After the bindover the formal charge against the defendant is filed with the trial accost-The formal charge consists of either an culture filed by the prosecutor or an indictment returned by a grand jury -Once an information or indictment is filed an arraignment occurs where the defendant is brought onwards the court, informed of the charges and asked to enter a plea. -The defendant may plea guilty, non guilty or nolo contendere, which means the defendant does not oppose the charges but does not admit guilt -Once the plea is entered the defendant chooses what type of trial that will take place. Persons accused of serious crimes for which incarcerations for more than hexad months is possible have a right to jury trial or he can waive his right and have a remove trial, judge only.Role of Constitutional SafeguardsThe Bill of Rights and the first 10 Amendments to t he US Constitution set forth rights of criminal defendantsFourth AmendmentProtects battalion from autocratic and unreasonable governmental violations of their privacy rights.-Against unreasonable attend and seizure without probable causeReasonable Expectation of Privacy4th Amendment only protects people from search where there is a reasonable expectation of privacy.Warrant requisite and ExceptionsThe court held that searches without warrants are unreasonable.Exclusionary RuleEvidence seized in an illegal search without a warrant is inadmissible in court and any information obtained during an illegal search that leads to a later discovery is inadmissible in court as well.The USA Patriot ActA statute that gave the government a broad ranging freedom to conduct searches of property, internet activity, depone accounts and other activities that used to require a warrant.The Fifth AmendmentThis amendment protects against compelled testimonial self-incrimination by establishing no pers on shall be compelled in any criminal case to be a witness against himself. This prevents government coercion of a suspect into making self-incriminating statements.Miranda Rights- a fifth amendment right which requires police to inform suspects before interrogating them their rights to remain silent and have an lawyer present.Production of RecordsThe fifth amendment protects people against compelled production of their private papers. However, this is not the case for corporations, since corps do not enjoy 5th amendment rights corporations and corp officers must present business records. reiterate JeopardyA 5th amendment provision that states someone can not be tried twice for the same offense.Sixth AmendmentEntitles defendants to a speedy trial by an impartial jury and gurantees them the right to cross examine the witnesses against them. Also provides the defendant is entitled to a court appointed attorney or the right to provide her own attorney for her defense.White Collar Crime s and the Dilemmas of Corporate ControlWhite Collar Crime is the term used for a variety of non violent criminal offenses committed by business persons and business organizations.Today a corporation may be held liable for criminal offenses committed by employees who acted within the desktop of their employment and for the benefit of the corporation.The Sarbanes-Oxley ActThis act created the Public Company history Oversight Board in charge of regulation of public invoice firms audits of corporations in response to a wave of pecuniary scandal.