Business Law - Chapter 5 (Exam #2)

Most serious crimes require proof of the defendant's "mens rea"

or criminal intent

Fourth Amendment protects

persons against unreasonable and arbitrary searches and seizures

• The Fifth Amendment

provides a privilege or protection against compelled testimonial self-incrimination. - Applies only to humans (not corporations) -Double jeopardy clause protects defendants from multiple criminal prosecutions for the same offense

General rule (Fourth Amendment):

warrantless searches are unreasonable (unconstitutional)

Government may not enact anex post facto (after the fact) law

-Thus a person cannot be charged with a crime for an act that was not a crime when the act was committed

Purpose of criminal sanctions (rid)

-incapacitation -deterrence -rehabilitation

• Supreme Court has held that constitutional warrantless searches include:

- Area within an arrestee's immediate control - Premises police enter in hot pursuit of an armed suspect - Stop-and-frisk searches for weapons - Plain view - Inventory searches of property (e.g., briefcase, automobile) in an arrestee's possession - Consensual searches

What are some exceptions to the fourth Amendment.

- Visual observation of things or activities in public view - Narcotics detection dogs used in a public place to investigate luggage or cars - Enhanced aerial photography of a facility

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

Crimes are public wrongs, classified from most serious to least serious as:

-Felony -Misdemeanor -Infraction

Three Parts to Criminal procedure

Arrest and booking of defendant •Arrest reportfiled with prosecutor •If defendant charged, complaint filed

What are the requirements to prove Crimnal intent?

Defendant must have had capacity to form criminal intent

The Exclusionary Rule

Prevents the use of evidence seized in an illegal search in a subsequent trial of the defendant -fourth amendment

Kyllo v. United States, held that:

a device not in public use to examine what would otherwise be hidden is a search, thus presumptively unreasonable without a warrant.

Defendants are presumed innocent until proven guilty:

beyond a reasonable doubt

Bill of Rights:

first ten amendments to the U.S. Constitution

Three types of incapacity recognized:

intoxication, infancy, and insanity

Sixth Amendment

• Applies to criminal cases by guarantees of a - Speedy trial - Impartial jury - Right to confront and cross-examine witnesses - Right to effective assistance of counsel

Computer Crime

• In general, existing criminal statutes apply to criminal activity via computers. • Computer Fraud and Abuse Act imposes criminal and civil liability on a person who "knowingly, and with intent to defraud.

White Collar Crimes

• Under modern rule, a company may be liable for criminal offenses committed by employees who acted within the scope of their employment and for the benefit of the corporation NON-violent