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ROGER LeROY MILLER Institute for University Studies Arlington, Texas GAYLORD A. JENTZ Herbert D. Kelleher Emeritus Professor in Business Law University of Texas at Austin Summarized Cases, 8 th Ed., and Excerpted Cases, 2 nd Ed. Learning Objectives Learning Objectives Copyright © 2010 South-Western 2 Key Differences Copyright © 2010 South-Western 3 Copyright © 2010 South-Western 4
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Fundamentals of Business Fundamentals of Business LawLaw
Summarized Cases, 8th Ed., and Excerpted Cases, 2nd Ed.
ROGER LeROY MILLERInstitute for University Studies
Arlington, Texas
GAYLORD A. JENTZHerbert D. Kelleher Emeritus Professor in Business Law
University of Texas at Austin
Copyright © 2010 South-Western Legal Studies in Business, a part of South-Western Cengage Learning.
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Learning ObjectivesLearning Objectives• What two elements must exist before a person can
be convicted of a crime? Can a corporation commit crimes?
• What are five broad categories of crimes? What is white-collar crime?
• What defenses might be raised by criminal defendants to avoid liability for criminal acts?
• What constitutional protections exist to protect a person accused of crimes? What are the basic steps in the criminal process?
• What is a cyber crime? What laws apply to crimes committed in cyberspace?
Copyright © 2010 South-Western Legal Studies in Business, a part of South-Western Cengage Learning.
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Civil Law vs. Criminal LawCivil Law vs. Criminal LawKey Differences
Copyright © 2010 South-Western Legal Studies in Business, a part of South-Western Cengage Learning.
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Civil Liability for Criminal Civil Liability for Criminal ActsActs
Copyright © 2010 South-Western Legal Studies in Business, a part of South-Western Cengage Learning.
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Criminal LiabilityCriminal Liability• To be convicted of a crime, the State
must show beyond a reasonable doubt that the Defendant: – Performed an illegal act (actus reus) AND– While performing the act, had the required
intent or specific state of mind (mens rea).• Without the required intent there can be
no conviction.
Copyright © 2010 South-Western Legal Studies in Business, a part of South-Western Cengage Learning.
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Corporate Criminal Corporate Criminal LiabilityLiability
• A corporation is a legal “person.”• A corporation can be fined or denied
legal privileges (license) for criminal activity.
• “Responsible Corporate Officer” Doctrine: officers and directors can be criminally liable.
Copyright © 2010 South-Western Legal Studies in Business, a part of South-Western Cengage Learning.
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Types of CrimesTypes of Crimes• Violent Crimes.
– Crimes against persons (murder, rape).– Robbery is a violent crime.
• Property Crimes - Most common, involves money or property:– Burglary.– Larceny.– Receiving Stolen Goods.– Arson.– Forgery.
Copyright © 2010 South-Western Legal Studies in Business, a part of South-Western Cengage Learning.
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Types of CrimesTypes of Crimes• White Collar Crimes: non-violent crimes
involving a business transaction:– Embezzlement. CASE 6.1 George v.
Commonwealth of Virginia (Virginia, 2008).– Bribery.– Bankruptcy Fraud.– Theft of Trade Secrets.– Insider Trading.– Mail and Wire Fraud. CASE 6.2 U.S. v. Lycos (9th
Circuit, 2007).
Copyright © 2010 South-Western Legal Studies in Business, a part of South-Western Cengage Learning.
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Organized CrimeOrganized Crime• Organized crime generally provides
illegal services and goods. – Gambling, prostitution, illegal narcotics, and
loan sharking, counterfeiting and credit card scams.
– Money laundering.• RICO.
Copyright © 2010 South-Western Legal Studies in Business, a part of South-Western Cengage Learning.
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Classification of CrimesClassification of Crimes• A person’s wrongful act may hold him
liable (or guilty) in civil actions (tort) and criminal actions.
• Classification of Crimes:– Felony: serious crimes punished by death or
imprisonment for at least 1 year.– Misdemeanor: punished by fine or
confinement for less than 1 year.
Copyright © 2010 South-Western Legal Studies in Business, a part of South-Western Cengage Learning.
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Types of CrimesTypes of Crimes
Copyright © 2010 South-Western Legal Studies in Business, a part of South-Western Cengage Learning.
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Immunity.Consent.Statute of Limitations. Mistake.
Entrapment.Insanity.
Justifiable Use of Force.
Intoxication.
Duress. Infancy (juvenile).
Defenses to Criminal Defenses to Criminal LiabilityLiability
Copyright © 2010 South-Western Legal Studies in Business, a part of South-Western Cengage Learning.
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• Fourth Amendment Protections.– Search Warrants:
• Officer must have Probable Cause.• Exceptions to Warrant.
– Search and Seizure in Businesses.• Warrant required in some cases.• No warrant required for contaminated food
or highly regulated liquor or gun businesses.
Constitutional SafeguardsConstitutional Safeguards
Copyright © 2010 South-Western Legal Studies in Business, a part of South-Western Cengage Learning.
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Constitutional SafeguardsConstitutional Safeguards• Fifth Amendment.
– Due Process of Law.• Opportunity to Object.• Hearing before a neutral Magistrate.
– Double Jeopardy.• Person cannot be retried for the same offense in the
same court.• Civil action, however, is permitted.
– Self-Incrimination.• “Right to Remain Silent” or not testify against yourself
Copyright © 2010 South-Western Legal Studies in Business, a part of South-Western Cengage Learning.
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Constitutional SafeguardsConstitutional Safeguards• Sixth and Eighth Amendments.
– Right to Speedy Trial.– Right to Jury Trial.– Right to Public Trial.– Right to Confront Witnesses.– Right to Counsel.– Prohibition on cruel and unusual punishment.
Copyright © 2010 South-Western Legal Studies in Business, a part of South-Western Cengage Learning.
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Exclusionary and Exclusionary and MirandaMiranda RulesRules
• Evidence obtained in violation of constitutional procedures must be excluded.
• Evidence derived from illegal evidence is “fruit of the poisonous tree.”– Deters police from misconduct.
• Miranda Rule.– Inform suspect of his rights. Exceptions:
coercion, illegally obtained evidence.– CASE 6.3 Miranda v. Arizona (Supreme Court, 1966).
Copyright © 2010 South-Western Legal Studies in Business, a part of South-Western Cengage Learning.
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Criminal ProcessCriminal Process
Arrest Initial AppearBooking
ChargesFiled
PrelimHearing
Plea Bargain
Trial
Guilty Plea
Arraign-ment
Copyright © 2010 South-Western Legal Studies in Business, a part of South-Western Cengage Learning.
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Cyber CrimeCyber Crime• Cyber crimes involve the use of computers in
cyberspace to injure a person or property.• Most cyber crimes are based on existing
common law crimes, with exceptions:– Financial Crimes & Identity Theft.– Cyber Stalking.– Hacking & Cyber Terrorism.
• Computer Fraud and Abuse Act helps prosecute computer crime.
• Jeremy Jaynes: First Conviction for Felony Spamming.
