Criminal Chapter 4 – (pg. 65 – 75) Remember that the type of Crime covered under Criminal Law is a Crime against Who ?

These crimes are enforced by law enforcement and are judged in courts specifically mandated to hear criminal cases. They work on behalf of all of us to maintain order. Chapter 4 – Criminal Law (pg. 65 – 75) To be convicted a crime you must be proven to have had all 3 of these elements present:

1. You had a duty to or not do a certain thing (thou shalt not kill)

2. You performed an act or omission in violation of that duty (you killed)

3. You had a criminal intent (You planned to kill) Chapter 4 – Criminal Law (pg. 65 – 75) Our duties are statute based – the government specifically says we are either required to perform or not perform a certain duty (ex. Robbery, filing your tax return)

The state (prosecutor) must prove a Criminal Act occurs in violation of that statute, and that you intended to commit the act or omission in violation of the statute

Intent is not motive. Intent means I wanted to do it, not I had a reason to do it. (ex. I dislike Bob, and I accidentally hit him with my car – motive, intent or both?) Why might this be tricky for a case involving a business? Chapter 4 – Criminal Law (pg. 65 – 75)

Other important Criminal Law Stuff

Negligence can often equal intent (willful) Felonies are more serious crimes, usually carrying minimum jail time Misdemeanors are less serious crimes, and carry lower penalties White Collar Crimes are often those committed in the business world - where does the name come from? Conspiracy is the committing of a crime, by more than one person https://www.youtube.com/watch?v=XfWnITmT1Ws Chapter 4 – Criminal Law (pg. 65 – 75) – what are our rights!

Probable Cause must exist No unreasonable search Right to an Attorney Adequate representation Adequate Proof Standard Guilty beyond reasonable doubt Ignorance Not a viable

Cover the Miranda Case. Chapter 4 – Criminal Law (pg. 65 – 75)

In addition to making sure the state follows the right procedures, you are also permitted to put up a Defense on your own behalf

Procedural Defense The way was obtained, etc Substantive Defense Attacking the evidence itself Self- Defense Commit a crime to save/protect yourself or your belongings Chapter 4 – Criminal Law (pg. 65 – 75) Some finer points to the law

- Immunity – trading your testimony against others to avoid prosecution - Contempt of Court – Significant hindrance/lack of cooperation with the courts work - Bargain – give up your right to trial in exchange for a potentially lesser sentence