Chapter 4 business law

subpoena

A command obtained by the defense or the prosecution, from the court, requiring an individual to appear and testify or produce documents or other evidence in his or her possession.

preliminary hearing

A court proceeding during which evidence is presented to determine whether there is sufficient cause to hold the defendant for trial.

arraignment

A court proceeding during which formal charges in an indictment are read.

felony

A crime punishable by confinement for more than a year in a state prison or by a fine of more than $1,000 or both, or even death. Examples: murder, kidnapping, arson, rape, robbery, burglary, embezzlement, forgery, theft of large sums, perjury, hate crimes.

procedural defense

A defense based on problems with the way evidence is obtained or the way the accused person is arrested, questioned, tried, or punished.

substantive defense

A defense that disproves, justifies, or excuses the alleged crime

Describe the levels of punishment for felonies, misdemeanors, and infractions.

A felony is subject to the heaviest punishment of confinement for more than a year and/or a fine of more than $1,000, or even death. A misdemeanor earns less severe punishment of confinement for less than one year, a fine, or both. Infractions are considered lesser misdemeanors and convictions can only be fined.

misdemeanor

A less serious crime usually punishable by confinement for less than one year, by fine, or both.

Explain the potential criminal liability for the actions of others

A person who aids another in the commission of a crime is also guilty of criminal wrongdoing. Anyone who plans a crime or intentionally helps commit a crime is guilty of the same crime. If someone is killed during a felony, in most cases all the accomplices are also guilty of the homicide. Corporations and officers of a corporation also can be held vicariously liable for crimes of their employees.

crime

A punishable offense against society.

probable cause

A reasonable ground for belief.

bail

A sum of money or property deposited or pledged to guarantee that the arrested person will appear for a preliminary hearing or trial.

indictment

A written accusation declaring that there is sufficient evidence to try an individual for a specified crime.

contempt of court

Action that hinders the administration of justice.

plea bargain

Agreement to plead guilty to a less serious crime in exchange for having a more serious charge dropped.

punishment

Any penalty provided by law and imposed by a court.

False Pretenses

Behavior intended to deceive others

Computer Crime

Crimes on the internet

What rights does a person have when arrested?

Criminal defendants have the following rights: not to be compelled to testify against themselves; to cross-examine witnesses; to be represented by a lawyer; to be convicted only if guilt is proved beyond a reasonable doubt; and to a trial by jury.

Why doesn't everyone who is accused of a criminal act use criminal insanity as a defense

Criminal insanity has the specific definition that the accused does not know the difference between right and wrong. This defense can only be justified if it can actually be proven in court that the accused does not indeed know the difference. This defense may be difficult to prove in most cases.

Arson

Deliberately setting fire to property

Forgery

Falsifying a document

immunity

Freedom from prosecution even when one has committed the crime charged.

Describe how a corporation can form criminal intent.

If owners and employees of a corporation have criminal intent, especially if they are doing their assigned duties and the criminal act benefits the corporation, the corporation will also usually be found to have criminal intent. In addition, corporate officers may have vicarious criminal liability for crimes of the corporation's employees, particularly if the officer is aware of the criminal acts.

Receiving Stolen Property

Illegal if you know it is stolen

Extortion

Obtaining money or something by using threats or force

vicarious criminal liability

Occurs when the criminal intent of the employee is used as substitute for the requirement of criminal intent for an officer.

white-collar crimes

Offenses committed in the business world that do not involve force or violence or cause injury to people or physical damage to property.

Bribery

Offering or giving gifts/money for things in return

Explain the justifiability of the common defenses to criminal charges.

Procedural defenses based on evidence collection errors or errors in the way the accused is arrested, questioned, tried, or punished may be a justifiable defense. Ignorance of a law is not an acceptable defense. Substantive defenses that disprove, justify, or excuse the crime may also be justifiable. Self-defense may be a justifiable defense; however, only non-deadly force is justifiable to protect or recover property. Criminal insanity also is a justifiable substantive defense. In some cases an accused person may be granted immunity from prosecution in exchange for assistance to the court.

Why do individuals have rights when they are accused of criminal acts

The U.S. Constitution protects individuals from certain acts of the government that might abridge their individual rights. It is believed better to give individuals too much liberty than to allow the government too much power.

verdict

The decision of the jury (or judge).

voir dire

The preliminary exam of potential jurors, to determine their ability to judge ably and impartially the matter to be placed before them.

Why do courts impose punishments

The purpose of a punishment is to discipline the wrongdoer, not to remedy the wrong caused by a criminal act. If punishment is reasonably swift and certain it also may deter others from committing the same crime.

defense

The strategy and evidence presented to prove a defendant is not guilty.

self-defense

The use of force that appears to be reasonably necessary to prevent death, serious bodily harm, rape, or kidnapping to the person using force.

Larceny

Theft of personal property

Define the three elements present in all crimes.

Three elements that show a crime had been committed must be proved in a trial: (1) There is a duty to do or not to do a certain thing; duties are described in statutes or ordinances and cited in a trial to establish duty. (2) There must be a violation of a duty. (3) There must be criminal intent, the intention to commit the act and do evil. Accidental acts are generally not criminal acts.

Conspiracy

Two people plotting to do something illegal

What is a white-collar crime? Give examples.

White-collar crimes are the types of crimes that primarily affect businesses. These crimes do not involve force or violence and do not cause physical injury to people or damage to property. Example of white-collar crimes would be stock fraud and price fixing.

List the business-related crimes.

larceny, receiving stolen property, false pretenses, forgery, bribery, computer crime, extortion, conspiracy, arson