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Criminal Responsibility In Law

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Criminal Responsibility

Question Answer
Beyond reasonalbe doubt
Commission of guilty act (Actus Reus) Have to have a guilty act leading towards the completion of the crime
May include omissionWhen you are required by law to do something and you don't, it's the same as doing the illegal act.
Must have intent (Mens Rea)
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Difference between Civil and Criminal Law

Civil
2 Citizens going after each other (Plantiff & Defendant)
Burdent is more likely than not (51% or greater)
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Criminal
State/Federal Gov't going after you (Prosecutor & Defendant)
Prosecutor has the burden, must prove the defendant's guilt beyond a reasonable doubt (99%)
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Corporate Criminal Responsibility

Question Answer
Responsible for crimes of agents and employeesFines, Loss of Licenses
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Directors & officers

Question Answer
Personally responsible for
Own ActsFor own or corporate benefit
Acts of subordinatesResponsible Corporate Officer doctrine (criminally liable for the criminal acts of their subordinates in the line of business
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Corporate Criminal Responsibility

Sarbanes-Oxley Act of 2002
CEO & CFO must certify financial statments filed w/ SECInfo must fairly represent in all material respects the financial conditions of company
also must fully comply w/ SEC regulations
Company can not make loans to officers/directors
Whistleblower protection
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Enhanced criminal penalties
Violations of sec. 906, Securities Exchange Act
Spoilation of Evidence (destroying evidence)
Mail/Wire fraud
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Crimes

Question Answer
Violent
Property
Public Order"Victimless crimes", noise ordinances, etc.
White-Collar
OrganizedMafia/Gangster
Computerized
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Constitutional Protection

 

4th Amendment
Against Illegal Search and Seizure (usually need a warrant)
Need Probable Cause (enough evidence to show further investigation should be allowed) to get warrants (must be specific)
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Exceptions to Warrant Requirements

Question Answer
Terry Stop "Stop & Frisk"police can temporarily stop you and ask you questions
Plain Sight(Self explanitory)
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Exigent Circumstances

Question Answer
Allows police to enter a building w/o warrant if1. they believe someone in the building is in iminent danger
2. they believe someone in the building is destroying evidence
3. they're in hot pursuit of a suspected criminal and that criminal dashes into a building.
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Question Answer
Warrants not always needed for searching a business
ie. Restaurants & Health Inspectors; weights & measures
Do not need probable cause
highly regulated business
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5th Amendment
Due Process of Law (gov't has to follow certain steps, without skipping any, in order to prosecute you
Double Jeopardy
Self Incrimination (does not extend to business entities)
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6th Amendment
Speedy trial
Jury Trial (you can choose to have a judge/bench trial)
Public Trial
Confront Witnesses (right to witness anyone testifying against you, there are exceptioins like children in abuse cases, etc.)
Right to counsel (public defenders)
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Exclusionary Rule & Miranda Rights

Question Answer
Penalty for violating constitutional rightswarrant for six foot shotgun, they can only look in places that could hold a six foot shotgun, (once they find what they are looking for they have to immediately stop the search)
"Fruit of the Poisonous Tree"all information and evidence gathered leading from illegal search or breach of constitutional rights is thrown out of court case.
Suspects must be advised of their consitutional rights when "seized"Miranda Rights (basically squishing 4th, 5th and 6th Amendments)
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