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    2/3 States Have Enacted Criminal Codes Based On Model Penal Code (MPC) Adopted by American Law Institute (ALI) in 1962

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    2/3 States Have Enacted Criminal Codes Based On Model Penal Code (MPC) Adopted by American Law Institute (ALI) in 1962

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    lahiwan287
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    8 views6 pages

    2/3 States Have Enacted Criminal Codes Based On Model Penal Code (MPC) Adopted by American Law Institute (ALI) in 1962

    Uploaded by

    lahiwan287

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 6

    LGST 22, The legal, Ethical, and Regulatory Environment of Business

    - The origins and sources of criminal law


    - Elements and examples of criminal acts
    - Steps in the criminal justice system
    - Legal protections for those accused of committing a crime

    Criminal Law Versus Procedure

    Criminal law - Conduct that becomes criminal because society outlaws it.
    Criminal procedure - Refers to legal safeguards afforded to individuals (and business entities)
    during criminal investigations, arrest, trials, and sentencing.
    Prosecution - Action that the state takes to charge and attempt convict criminals
    because the wrong is considered to be a wrong against society as a whole.
    - Sets limits on governmental authority in criminal law application
    Jury right - Right to a jury for crimes imprisoning people for six months or more

    Criminal Law vs. Civil Law

    Civil Laws - Designed to compensate parties (including businesses) for damages as a result of
    another’s conduct.
    Criminal Statutes1 - Protection of society, and the violation of a criminal law results in a penalty to the
    violator such as a fine or imprisonment.

    --------------------------------------------------------------------------------------------------------------------------------------------------------

    Types of Crimes
    Felony/Misdemeanor

    Treason Engaging in war against the United States punishable by death or imprisonment
    Felonies Punishable by imprisonment in federal or state penitentiary over one year, by a fine, or death
    1. Capital offenses
    - Punishable by death
    2. First-degree felonies
    - Punishable by a maximum penalty of life imprisonment
    3. Second-degree felonies
    - Punishable by a maximum of ten year’s imprisonment
    4. Third-degree felonies
    - Punishable by up to five years’ imprisonment
    Misdemeanor Crimes punishable by fines, confinement up to a year or both
    s EXP. trespass, disorderly conduct
    Petty offenses Not classified as crimes, but rather as civil matters;
    EXP. traffic camera violations are often included in this category

    1
    2/3 states have enacted criminal codes based on Model Penal Code (MPC) adopted by American Law Institute (ALI) in 1962.
    Crime, Society, and Law

    - Legality
    o Crimes must be specific
    o Law proscribes in advance
    - Punishment
    o Restraint
    o Deterrence
    o Retribution
    o Rehabilitation

    Burden of Proof

    In a Civil Case,
    - Plaintiffs need only to prove defendant had committed a civil wrong by a preponderance2 of evidence.
    - Fact Finder convinced that defendant’s liability was more likely than not for plaintiff to meet burden of proof
    - Plaintiff must persuade jury, that what he is required to prove is more likely to be true than not true.
    In Criminal Case,
    - where the stakes may involve an individual’s liberty, the standard of proof is much higher;
    - the government must prove their case beyond a reasonable doubt.

    Criminal Process

    1. Investigation
    a. Warrant
    i. Specify with reasonable certainty the place to be searched and the items to be seized
    ii. Probable cause based on an assertion that evidence of a crime will likely be found in the
    place to be searched
    b. Search and seizure
    2. Arrest Warrant or Arrest
    3. Charged/Bail hearing
    4. Bill of Indictment (Grand Jury)/Bill of Information (Prosecutor) –
    a. Determines whether the person will be charged
    5. Preliminary Examination/Magistrate
    a. Determines whether the person will be held for trial
    6. Arraignment and plea
    7. Discovery
    8. Motions to suppress
    9. Plea bargaining
    10. Trial
    11. Sentencing
    12. Appeal

    2
    Preponderance, the quality or fact of being greater in number, quantity, or importance.
    Prosecution’s Case

    - Conduct Outlawed
    o Statutorily defined
     EXP. La. R.S. 14:64.2 Carjacking.
     “The intentional taking of a motor vehicle, belonging to another person, in
    the presence of that person by use of force or intimidation.”
    - Burden of Proof
    o Beyond a reasonable doubt
    - Criminal Conduct (Actus reus)
    o There must be an attempt and something actually happening
    - Criminal Intent (Mens Rea)
    o General Intent (awareness the result is practically certain to occur)
    o Specific Intent (conscious intent)
    o Reckless (aware of the probability and disregards it anyway)
    o Negligent conduct (fails to foresee this risk of action that reasonable person would foresee)
    o Strict liability

    Defenses

    - Element of Crime Missing


    o It is not under without a reasonable doubt
    o EXP. burglar hits innocent when fleeing
    - Insanity
    o M’Naghten Rule
     Serious and identifiable mental disease
     Did not understand the nature of his act or that it was wrong
    - Entrapment
    o Induced someone to commit a crime without actually committing crime themselves
    - Self-defense
    White-Collar Crime List

    Fraud - False representation (or concealment)


    - Another party relied on the misrepresentation and was damaged
    Mail fraud - Scheme to defraud, with intent to defraud, and uses the mails in furtherance of
    that scheme
    Bribery - Involves a scheme to pay government official to obtain favorable treatment for
    a personal or business transaction (requires only the offer).
    EXP. Foreign Corrupt Practices Act
    Larceny The taking of personal property with the intent to steal it
    Embezzlement Conversion of property already in the defendant’s possession
    Ponzi schemes Coerced into an entity that does not exist with illusions of profit
    Conspiracy Agreement by two or more persons to commit a crime
    Racketeer Influenced & - Federal law designed to combat organized crime.
    Corrupt Organizations Act - Allows prosecution & civil penalties for racketeering activity performed
    (RICO) as part of an ongoing criminal enterprise, like Mafia and Gangs
    Insider trading - Trading company stock with non-public, material info about that stock
    Obstruction of justice Arthur Anderson v. United States, Case 22.2
    - The deletion or destruction of documents during investigation
    - Case concluded that it was routine and not intentional
    Money laundering Taking proceeds of certain criminal acts and either
    - Using the money to promote crime or
    - Attempting to conceal the source of the money
    Anti-trust Anti-monopoly laws
    Securities fraud Deceptive practice in the stock market inducing investors to make purchase or
    sale decisions on the basis of false information, frequently resulting in losses

    Sarbanes-Oxley

    - Congress’ response to Enron,


    - imposes significant criminal liability for officers, directors, and majority shareholders of corporations
    and they have that falsify financial disclosures.
    - 20-year incarceration for employee that destroys docs relevant to government agency investigation.

    When is a corporation liable for a criminal act?

    - Park Doctrine/ “Responsible corporate officer” Doctrine


    o Permits the state to prosecute employees for corporate misconduct when they are
    in a “position of authority” and fail to prevent or correct a violation of the “
    - EXP. U.S. v. DeCoster (8th Cir. 2016 2016), Case 22.1
    o Eggs had salmonella, despite knowing this they did not stop shipping them. People got sick.
    o It was foreseeable and they knew therefore they did so with intent to cause harm

    What types punishment can a corporation receive?

    - Fines
    - Compliance programs

    Constitutional Protections
    The Fourth Amendment

    - Prohibits illegal searches and seizures


     Exceptions
     Plain view
    o Mechanical devices, flashlights not thermal imager
     Stop and frisk
     Emergencies
     Automobiles
     Highly regulated business
     Search Incident to Lawful arrest
     Consent
    - The Fourth Amendment and Electronic Devices
    o Riley v. California, Case 22.3
    o People expect privacy in electronic devices and have no hard copy form.
    o Search incident do not apply as there was no need for officer safety nor the prevention of
    destruction of evidence. At best they keep cell phones but cannot read it without warrant
    - The Fourth Amendment and Business Premises
    o Lower standard of probable cause
    - EXP. Case Note: Herring v. U.S., (U.S. 2009)
    o Good faith exception to exclusionary rule
    o Record-keeping error by police
     To qualify to exclude evidence, state action would have to be reckless or a result of
    knowingly false entries

    The Fifth Amendment

    - Due process, no Double jeopardy, no self incrimination


    - Self-incrimination
    o Where the statements are made and the coercive nature
    o Business records
     U.S. v. Doe (U.S. 1984),
     Business records of a sole proprietor are subject to 5th Amendment.
    protection because the business is the “alter ego” of the individual.
    - Miranda warnings
    o Miranda v. Arizona, Case 22.4
     Unless suspect is informed of his rights beforehand, any confession would be
    presumed involuntary and coerced and not admissible in court.
    The Sixth Amendment

    - Speedy trial (8 months presumptively unconstitutional) and Right to a lawyer

    The Eighth Amendment

    - No Cruel and unusual punishment and no Central lock-up

    Exclusionary Rule

    - Trial courts required to exclude presentation of any evidence obtained illegally


    - Fruit of the poisonous tree, evidence that is obtained illegally

    EXP. La. R.s. 14:64 Armed Robery Statute

    - Armed robbery is the


    o taking of anything of value
    o belonging to another
    o from the person of another or that is in the immediate control of another,
    o by use of force or intimidation,
    o while armed with a dangerous weapon.
    o (Like holding a gun or knife)
    - Simple robbery is
    o the taking of anything of value
    o belonging to another
    o from the person of another or that is in the immediate control of another,
    o by use of force or intimidation,
    o but not armed with a dangerous weapon.
    o (Like a fist or just taking it)

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