Criminal Law and Business

Violent

Crimes agenist person

Property

Economic gain or damages of property

White collar

Non-violent means to obtain a personal or business advantage (no injury to person or property)

Public Order

Generally victiumless EX think man solists prostitute → “saying how hes never done it before” The court ruled just a fine, nothing on a criminal record

Lued and Lesiuious behavior

Flasher is lued or multitasking while driving in public, waved at family, court rulled lued.

Corprate laibility

Responsible for actions as will as inactions of employees

Corparate liablility examples

This could be employees acting within the scope of employment, employee fails to perform an affiermitive, crime authorized, requested, commanded, or recklsy tolorated, by managerial agent

Criminal charges for corpareate liablity

Enron cooking, carnivle cruise dumping

Millar park crane accident big blue collapse people were killed

Court rulled not criminal charges

Past felon gets sucrity gaurd job, told not to engage, got angry at all of the shoplifters, one day brought a gun and killed a shoplifter

Court rulled criminal for the felon, but the question is about the company being charged

Conspiracy

Partnership for criminal purposes, two or more people agree to commit an unlawful act, willful particpation, one or more comit an overart act in furtherance of the plan, and will affirmatively withdraw to avoid culpability

Rich kids stage a robbery on a target, kept it a secrete , had fake guns, and stood up the target

Judge rulles no probation and a sentance to prison for each

Ray kurkith pays someone to kill his pregnate girlfriend

Hirred to kill court called it a partnership for a crime

Ading and Abetting

Party to a crime, crime not commited directly but intentionally aided and or assisted, knowing renderds aid or was ready and willing to render aid, can occur PTAC before or after the fact

Man kills girlfriedn and shoots mother, a knowing reliteve is called and picks him up with a thing of spare clothes

Court ruled BOTH criminally

Man that sold the gun to Karl written as he was much to young to have such a gun

Court charged the man

Can Charge a

Misdemeanors, complaint, felonies, indictment/informer

The grand Jury federal, gult or innocience is irrelevent

Is there probable cause and any likley hood that the defendant did it

No contendre (no contest)

I did’nt do it, but I’m being railroaded into accepting somthing thats is a better alternitive (like a death penaltie)

Initial apperance

Defendant given a copy of criminal complaint, information /indictment

Trial basics

6th amendment right to council, petit jury 12 people, beyound a reasonable doubt, 5th amendment defendant does not need to do anything (just don’t jump bail)

4th amendment

phroibits rights to search and seizure, right to secure in person, houses, papers and effects, to CORP and PEOPLE,

Search warrent required

Probable cause for the search, area to be searched and items sought

Felonies Can’t vote or own fire arms also

Fine, imprisonment of one yr or more (Wisconsin) classifications of A-1

Misdemeanors

Fine, confinement of one yr or less in county jail, classification of A& B in wisconsin

City/ county ordinances → non-criminal forfeitures

Tickets, pay a fine but no criminal record, but still shows up if search and run

Perfromace of a criminal act

Commited voluntarily + purposefully (willful, Actus reus = Guilty act

State of mind or intent to commit the act ( acting insanity or young age)

No commited by mistake or accident (knowing → can’t self intoicate to claim this (drinking all day before shooting wife still in trouble ) Mens rea (mental state

Criminal recklessness (more severe, think herion situation)

Did not mean to kill someone but intended to drive 90 in a school zoon,so criminally reckless. → Conscious disregard of a substantial + unjustifiable risk

Criminal negligence → closer to a normal action (if it was alochol instead)

Gross deviation from a reasonable standard of care → going speedlimit b/c dident see a kid, but kids runs out, negligent because he did not slow down

Robert homless and schizophrentic → fights or kills other homeless

Have to determine (1) did they dot it (yes), and (2) did they not what they were doing (no)→ he goes into treatment, not just released, conditionally released has to take meds, report certain amount, etc, or goes back to treatment

Baby thrown out of house instead of dropped off at church

dad charged criminally b/c he did it, mom charged criminally b/c she was found to have known it was going to happen

Man brings herion, gr shows up, they fight later, and he tells her to go home, she did not make it far, freezes in the snow and dies

He gets charged criminally w/ recklessness

who has Burden of proof

State has full burden

Beyond a reasonable doubt → current eveidence

no question, everyone saw, eye witness accounts

Beyond a reasonable doubt → Circumstantial

Prior bad acts needs reliability can be long ago

Whitty vs state

Guy lures in kids and sexually assults them, kids were so little could not identify them → one kid does, they can connect the mothod of operation other kids had, use it to bolster the current case, can only bring in when defendant denies guilt but method is so consistent

Unanimous Verdict

12-0 guilty /not guilty

Dynamite instruction

If jury does’nt make a decision it blows up case + have to start over ( they tell them go decide)

Sexual assult case → man denies, women says he urinated on her after, state wants to bring in whitty evidence on him, found case where he had assultes neice + urinated on her after , bizarre + specific allegation, want to use that to boster the case

Judge allows it b/c of realiblity from old police report

Search warrent execptions

Consent, plain view, stop and frisk, exigent, automobiles, officer safety, lawful arrest

Plain view

Gun on the dashboard, hand out the truck, yard, garbage (weed sellers got caught through the garbage)

Terry vs ohio

Stop and frisk, he looks suspicious and he was about to rob a place→ court rules in favour of ohio

Exigent example

preventing the imminent destruction of evidence, suspect escape or bodily harm or wanton destruction of property

Automobiles / officer saftey

tail light out 3 am, guy reaches down and sits rght back up with officers approach, officer thought they had a gun, so he searched and they did, have guns and drugs (court in favor of police man)

Lawful arrest example

If arrested they can search just your imediate area (ex just the front seat not the truck)

Due Process

Ensures procedural fairness where deprivation of life liberty or property is at issues

Double Jeopardy

Can not be tried twice for the same criminal offence, no bar dueal criminal and civil prosecution

Self incrimination

from Statements, and phisical evidence

I’m taking the 5th

Can not be compelled to testify against oneself, applies only to individuals not to corporations

Real or physical

finger prints, blood / dna, business records

Escobedo vs illimois

Murderd brother in law, and won’t talk, one attornty is requested the questioning must stop (was not given an attorny and not given food either)

Miranda vs Arizonia

kidnapped women, not told his rights, (set in stone the motion of being yelled your rights) Right to remain silent, and right to an attorny

Right to an attorney

Must affirmatively request that they have an attorney present during questioning

Sixth amendment

Right to consel (jury of peers), informed of charges, speedy and public trail (90 days of request) confrontation of Accusers/witnesses (not child witness behind glass, or disruptive defendents) Subpoena witness wanting to testify

Johnson v zerbst (1938)

Right to an attorny when charged with a crime in a federal court

Powell vs alabama (1932)

Attorny must be appointed in capital cases

Betts vs Brady (1942)

Court has not obligation to appoint an attorney for non capital offenses

Gideon vs Wainwright (1963) (over rulled betts vs brady)

Attorny must be appointed to indigent defendents any time confinment is possible in state court

Exclusionary rule (fruit of the poisonous tree) Deters police misconduct, protects against warrentless searches and upholds the tenets of the consitituion

evidence obtained in violation of the 4th 5th and 6th amendment in admissible → got it the wrong way

Exceptions for Exclusion

Good faith efforts ( oops wrong house stumble oppon) Inevitable discovery ( if you were going tofind it any way regardless of what happend )