tailieunhanh - Lecture Business law: The ethical, global, and e-commerce environment (15/e): Chapter 5 - Mallor, Barnes, Bowers, Langvardt

Chapter 5 - Criminal law and procedure. 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. | Copyright © 2013 by The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill/Irwin 2 Crimes Intentional Torts Negligence and Strict Liability Intellectual Property and Unfair Competition Crimes and Torts P A R T Criminal Law and Procedure P A E T R H C 5 Wherever Law ends, Tyranny begins. John Locke 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 Learning Objectives Nature of Crimes Crimes are public wrongs, classified from most serious to least serious as: Felony Misdemeanor Infraction Purpose of criminal sanctions: incapacitation, deterrence, rehabilitation, See the Federal Sentencing Guidelines Elements To convict a defendant of a crime, the government must Demonstrate that alleged acts violated a criminal statute Prove beyond a reasonable doubt that the defendant . | Copyright © 2013 by The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill/Irwin 2 Crimes Intentional Torts Negligence and Strict Liability Intellectual Property and Unfair Competition Crimes and Torts P A R T Criminal Law and Procedure P A E T R H C 5 Wherever Law ends, Tyranny begins. John Locke 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 Learning Objectives Nature of Crimes Crimes are public wrongs, classified from most serious to least serious as: Felony Misdemeanor Infraction Purpose of criminal sanctions: incapacitation, deterrence, rehabilitation, See the Federal Sentencing Guidelines Elements To convict a defendant of a crime, the government must Demonstrate that alleged acts violated a criminal statute Prove beyond a reasonable doubt that the defendant committed the acts Prove the defendant had the capacity of criminal intent Courts narrowly interpret criminal statutes Example of narrow interpretation of statutes: . v. Sun-Diamond Growers of California Constitutional Protections Bill of Rights: first ten amendments to the . Constitution Literally binds only the federal government, but applied to states through the due process clause of the Fourteenth Amendment Constitutional Limitations Government may not enact an ex post facto (after the fact) law Thus a person cannot be charged with a crime for an act that when committed was not a crime Constitutionally-protected behavior cannot be criminal Example: Griswold v. Connecticut One recognized exception to the rule about ex post facto laws is the environmental statute entitled Comprehensive Environmental Response, Compensation, and Liability Act CERCLA). CERCLA provides for criminal penalties, including imprisonment, for conduct that occurred before the law was enacted. .