Business Law - Unit 5

Criminal Law

Crimes against society prosecuted by the government.

Civil Law

Duties between individuals; focuses on compensating injured parties.

Burden of Proof in Criminal Cases

Beyond a Reasonable Doubt.

Burden of Proof in Civil Cases

Preponderance of the Evidence.

Main Purpose of Criminal Law

Punishment, deterrence, rehabilitation, and limited compensation.

Can the Same Act Create Both Civil and Criminal Liability?

Yes.

Example of Civil and Criminal Liability

Punching someone may lead to a civil lawsuit and criminal charges.

Felony

A crime punishable by death or more than one year in prison.

Misdemeanor

A crime punishable by a fine or up to one year in jail.

Actus Reus

The criminal act.

Mens Rea

The criminal state of mind or intent.

Intent

The highest level of criminal intent.

Recklessness

Conscious disregard for a substantial and justifiable risk.

Criminal Negligence

A deviation from the standard of care a reasonable person would use.

Strict Liability Crime

A crime that does not require proof of intent.

What Determines the Required Criminal Intent?

The wording of the statute.

Battery (Georgia)

Intentionally causing substantial physical harm or visible bodily harm to another.

Robbery (Georgia)

Taking property from another with intent to commit theft by force, intimidation, or sudden snatching.

Criminal Trespass (Georgia)

Knowingly or intentionally entering, remaining on, or damaging another's property without authority.

Corporate Criminal Liability

A corporation may be liable for crimes committed by employees acting within the scope of employment.

Liability of Corporate Officers and Directors

May be personally liable for crimes they commit or supervise.

Violent Crimes

Murder, sexual assault, assault and battery, robbery.

Burglary

Breaking and entering the building of another.

Larceny

Wrongful or fraudulent taking and carrying away of another's property.

Obtaining Goods by False Pretenses

Theft through trickery or fraud.

Receiving Stolen Goods

Receiving property that a person knew or should have known was stolen.

Arson

Willful and malicious burning of property.

Forgery

Fraudulent making of a writing that changes another person's legal liability.

Public Order Crimes

Public drunkenness, prostitution, gambling, and illegal drug use.

White-Collar Crime

Crime committed in the course of a legitimate occupation.

Embezzlement

Fraudulent conversion of money or property entrusted to someone else.

Is Returning Embezzled Property a Defense?

No.

Mail and Wire Fraud

Using mail, phone, internet, or other communications to defraud others.

Bribery

Offering something of value to influence another person.

When Is Bribery Complete?

When the bribe is offered.

Foreign Corrupt Practices Act (FCPA)

Prohibits bribing foreign officials and making false accounting records.

Bankruptcy Fraud

Concealing or transferring assets to avoid creditors during bankruptcy.

Theft of Trade Secrets

Stealing, buying, or possessing trade secrets without authorization.

Insider Trading

Using material nonpublic information to trade securities.

Money Laundering

Disguising illegally obtained money as legitimate income.

RICO

Racketeer Influenced and Corrupt Organizations Act; targets organized criminal activity.

Cyber Crime

Criminal violations involving computers or the internet.

Fourth Amendment

Protects against unreasonable searches and seizures.

What Is Usually Required for a Search?

A warrant supported by probable cause.

Probable Cause

A reasonable basis to believe evidence of a crime will be found.

Reasonable Expectation of Privacy

The standard used to determine whether Fourth Amendment protections apply.

Examples of Areas Protected by the Fourth Amendment

Homes, phones, computers, and vehicles.

Fifth Amendment Protections

Due process, protection against self-incrimination, and protection against double jeopardy.

Due Process

Fairness in how the law is applied.

Self-Incrimination

A person cannot be forced to testify against themselves.

Double Jeopardy

A person cannot be tried twice for the same crime.

Carpenter v. United States (2018)

Supreme Court case involving cell-site location information (CSLI).

CSLI

Cell-site location information generated when a phone communicates with cell towers.

Issue in Carpenter

Whether police need a warrant to obtain CSLI from a cell phone company.

Holding in Carpenter

Police generally need a warrant to obtain CSLI.

Why Did the Court Rule for Carpenter?

Long-term cell phone location tracking invades privacy.

United States v. Miller

No expectation of privacy in bank records held by a bank.

Smith v. Maryland

No warrant required for outgoing phone numbers dialed.

United States v. Jones

Warrant required for GPS tracking.

Key Takeaway from Carpenter

Cell-site location information is protected by the Fourth Amendment and generally requires a warrant.

Professor Tebeau's Favorite Burden of Proof Question

Beyond a Reasonable Doubt, not beyond all doubt or beyond a shadow of a doubt.