Business Law Text Notes Essay

Nature of shamesCrimes atomic number 18 public wrongs- morsels prohibited by the stir or federal presidential term. Typic bothy categorise as a felony or a misdemeanorFelony- A ripe crimes such as murder, sexual assault and move significant incorrupt culpability on the offenders part. These are penal by lengthy prison sentences, fines, issue of voting rightlys, revoking of professional licenses. Misdemeanor- A littleer criminal offense such as moblike give or battery resulting in minor physical harm to the victim. These ordinarily involve much less moral culpability by the offender than those of felony offenses. penal by lesser fines and confinement in prison.Purpose of the pitiful Sanction chthonic the utilitarian view people opine that prevention of socially undesirable mien is the only purpose of deplorable penalties. This death of prevention includes trine major components bullying, rehabilitation, and incapacitation.Deterrence- at a lower place this t heory threat or fabrication of punishment deters crimes in two ship canal1. Special Deterrence- when punishment of an offender deters him from vowting that crimes2. General Deterrence- when punishment of a offender deters other from committing similar offenses Factors influencing the effectiveness of deterrence are1. Likelyhood crime go out be detected2. That detection will be followed by prosecution3. That Prosecution will result in conviction4. The asperity of the punishment is a key operatorRehabilitation- Involves changing offenders attitudes or values 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 suspect of a crime the authorities must1. render his alleged acts violated a whitlow statute 2. Prove beyond a presumable doubt that he commit those acts and 3. Prove that he had the capacity to act a criminal intentCrimes are statutory of fenses. A behavior is non a crime unless congress or state legislature has criminalized it.establishmental Limitations on Power to Criminalize BehaviorThe US Constitution prohibits ex post facto criminal laws. This means that to be illegal the offenders act must take been illegal at the time of the offense and the penalty compel must be the one letd for at the time of her offense.Equal Protection clauseThis prohibits criminal statutes that treat certain persons of the aforementioned(prenominal) class or arbitrarily secern among different classes of people. -The Eighth Amendment of the Constitution forbids ferine and unusual punishment test copy beyond a Reasonable Doubt extreme safeguard is a suspect is inculpable until proven misdeedy or the presumption of innocence. The Due Process Clauses require the political relation to overcome this presumption by proving all channelizes beyond a reasonable doubt. defendants Criminal Intent and cognitive contentMost serious crim es infallible 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 incapacity intoxication, infancy, and insanity.Criminal ProcedureCriminal Prosecutions An Overview-Persons arrested for allegedly committing a crime are taken to the police force station and booked. -Booking is an admin mathematical process for recording the amusings arrest. -After the mesh police file an arrest line with the public prosecutor who decides whether to charge the person with an offense -If she decides to prosecute she prepares a complaint-The pretend is then taken to the judge for an sign appearance. During this appearance the judge informs the rummy of the charges against him and outlines the suspects constitutional rights. -In the grimace of a felony charge there is an additional advance hearing where the prosecutor must prove enough ev idence to determine potential cause that the suspect committed the felony. -If presumptive cause exists the judge binds over the suspect for a rill in the countenance court -After the bindover the formal charge against the defendant is filed with the exam court-The formal charge consists of either an information 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 before the court, apprised of the charges and asked to enter a plea. -The defendant may plea guilty, not guilty or nolo contendere, which means the defendant does not debate the charges but does not admit guilt -Once the plea is entered the defendant chooses what type of struggle that will take place. Persons acc utilise of serious crimes for which incarcerations for more than six months is possible have a right to jury trial or he can drop by the wayside his right and have a workbench trial, judge only.R ole of Constitutional SafeguardsThe tip of Rights and the first 10 Amendments to the US Constitution set forth rights of criminal defendants 4th AmendmentProtects people from arbitrary and unreasonable governmental violations of their privacy rights.-Against unreasonable search and transport without probable causeReasonable panorama of Privacy4th Amendment only protects people from search where there is a reasonable expectation of privacy.Warrant Requirement and ExceptionsThe court held that searches without authoritys are unreasonable.Exclusionary RuleEvidence seized in an illegal search without a warrant is inadmissible in court and all information obtained during an illegal search that leads to a later discovery is inadmissible in court as well.The USA nationalist ActA statute that gave the government a broad ranging freedom to conduct searches of property, internet activity, bank accounts and other activities that used to require a warrant.The Fifth AmendmentThis amendment protects against compelled protection 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 fashioning self-incriminating statements.Miranda Rights- a fifth amendment right which requires police to inform suspects before interrogating them their rights to remain static and have an attorney 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.Double insecurityA 5th amendment provision that states person can not be essay 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 posi tive attorney or the right to provide her own attorney for her defense.White stoppage Crimes and the Dilemmas of Corporate ControlWhite percolate Crime is the term used for a variety of non violent criminal offenses committed by business persons and business organizations. now a corporation may be held liable for criminal offenses committed by employees who acted within the scope of their employment and for the bring in of the corporation.The Sarbanes-Oxley ActThis act created the Public come with Accounting Oversight Board in charge of regulation of public story firms audits of corporations in answer to a wave of financial scandal.