Business Law Text Notes Essay

Nature of law-breakingsCrimes atomic number 18 habitual wrongs- acts prohibited by the demesne or federal government. Typically sectionalizationified as a felony or a infringementFelony- A serious shames such as murder, sexual assault and impress operative moral culpability on the wrongdoers part. These atomic number 18 punishable by lengthy prison sentences, fines, loss of suffrage right hands, revoking of professional licenses. Misdemeanor- A lesser curse such as disorderly divvy up or battery replying in small physical 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. purport of the Criminal SanctionUnder the utilitarian view plenty believe that cake of socially undesirable behavior is the moreover purpose of culpable penalties. This goal of ginmill includes three major components deterrence, rehabilitation, and incapacitation.Deterrence- U nder this surmise threat or imposition of penalty deters crimes in two ways1. finicky Deterrence- when punishment of an offender deters him from committing further crimes2. widely distri unlessed Deterrence- when punishment of a wrongdoer deters otherwise from committing similar offenses Factors influencing the effectiveness of deterrence are1. Likelyhood crime lead be detect2. That detection will be followed by prosecution3. That Prosecution will result in censureion4. The severity of the punishment is a key factorRehabilitation- Involves ever-changing offenders attitudes or values so they are less inclined to commit hereafter offenses.Incapacitation- Incarcerating offenders so they are less probably to commit crimes while imprisoned.Essentials of CrimeTo convict a suspect of a crime the government must(prenominal)(prenominal)1. Demonstrate his supposed acts violated a reprehensible economy 2. conjure beyond a just doubt that he committed those acts and 3. Prove th at he had the capacity to form a distressing intentCrimes are statutory offenses. A behavior is not a crime unless congress or state legislature has feloniousized it. spirital Limitations on bureau to Criminalize BehaviorThe US Constitution prohibits ex post facto criminal laws. This nitty-gritty that to be ill-gotten the offenders act must pass on been illegal at the eon of the offense and the penalty imposed must be the one provided for at the while of her offense.Equal Protection ClauseThis prohibits criminal statutes that treat certain persons of the same class or arbitrarily discriminate among antithetical classes of great deal. -The Eighth Amendment of the Constitution forbids cruel and unique punishmentProof Beyond a Reasonable DoubtFundamental precaution is a defendant is innocent until proved guilty or the presumption of innocence. The collectible Process Clauses necessitate the government to batter this presumption by proving all accusations beyond a reaso nable doubt.Defendants Criminal Intent and Capacity nigh serious crimes required mens rea or criminal intent as an element. Proof that the defendant had the capacity to form the required criminal intent is a prerequisite of criminal responsibility. Criminal law recognizes three types of fatuity intoxication, infancy, and insanity.Criminal ProcedureCriminal Prosecutions An Overview-Persons arrested for allegedly committing a crime are taken to the law of nature station and booked. -Booking is an admin procedure for drop off the suspects arrest. -After the booking police file an arrest report with the prosecuting officer who decides whether to channelise the person with an offense -If she decides to prosecute she prepares a complaint-The suspect is wherefore taken to the say for an initial carriage. During this appearance the judge tells the suspect of the charges against him and outlines the suspects constitutional rights. -In the discipline of a felony charge there is a n additional preliminary interview where the prosecutor must largess plentiful evidence to determine seeming fount that the suspect committed the felony. -If probable casing exists the judge binds over the suspect for a exam in the appropriate appeal -After the bindover the formal charge against the defendant is filed with the trial motor lodge-The formal charge consists of either an cultivation filed by the prosecutor or an bill of indictment returned by a epicurean jury -Once an information or indictment is filed an arraignment occurs where the defendant is brought before the court, informed of the charges and asked to enter a invocation. -The defendant may defense guilty, not guilty or nolo contendere, which path the defendant does not contest 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 six months is possible hav e a right to jury trial or he chamberpot waive his right and have a bench trial, judge only.Role of Constitutional SafeguardsThe Bill of Rights and the graduation exercise 10 Amendments to the US Constitution stigmatize forth rights of criminal defendantsFourth AmendmentProtects people from arbitrary and unreasonable governmental violations of their secretiveness rights.-Against unreasonable pursuit and seizure without probable causeReasonable Expectation of concealing4th Amendment only protects people from search where there is a reasonable lookout of privacy.Warrant Requirement and ExceptionsThe court held that searches without warrants are unreasonable.Exclusionary RuleEvidence seized in an illegal search without a warrant is impermissible in court and any information obtained during an illegal search that leads to a subsequent discovery is inadmissible in court as well.The USA Patriot sufficeA statute that gave the government a broad ranging freedom to conduct searches of property, mesh activity, bank accounts and other activities that used to require a warrant.The Fifth AmendmentThis amendment protects against compelled testimonial self-incrimination by establishing no person 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 revel 5th amendment rights corporations and corp officers must present business records.Double 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 guran tees them the right to foul up examine the witnesses against them. Also provides the defendant is authorize to a court appointed attorney or the right to provide her accept attorney for her defense.White Collar Crimes and the Dilemmas of incarnate ControlWhite Collar Crime is the term used for a sort of non violent criminal offenses committed by business persons and business organizations.Today a corporation may be held credible for criminal offenses committed by employees who acted indoors the scope of their employment and for the benefit of the corporation.The Sarbanes-Oxley characterizationThis act created the Public Company report Oversight Board in charge of regulation of public accounting quicks audits of corporations in response to a wave of financial scandal.