+
CHAPTER 6 FROM ADVANCED BUSINESS LAW AND THE LEGAL...

CHAPTER 6 FROM ADVANCED BUSINESS LAW AND THE LEGAL...

Rating:
Rating
(0)
Author: Carol 96
Description:

Click link for more description

http://theperfecthomework.com/chapter-6-from-advanced-business-law-and-the-legal-environment-was-adapted-by-the-saylor-foundation-under-a-creative-commons-attribution-noncommercial-sharealike-3-0/

CHAPTER 6 FROM ADVANCED BUSINESS LAW AND THE LEGAL ENVIRONMENT WAS ADAPTED BY THE SAYLOR FOUNDATION UNDER A CREATIVE COMMONS ATTRIBUTION-NONCOMMERCIAL-SHAREALIKE 3.0

Chapter 6 from Advanced Business Law and the Legal Environment was adaptedby The Saylor Foundation under a Creative Commons Attribution-NonCommercial-ShareAlike 3.0license without attribution as requested by the work’s original creator or licensee. © 2014, The Saylor Foundation.Chapter 6Criminal LawL EA R N IN G O B JEC T IV ESAfter reading this chapter, you should be able to do the following:1. Explain how criminal law differs from civil law.2. Categorize the various types of crimes and define the most serious felonies.3. Discuss and question the criminal “intent” of a corporation.4. Explain basic criminal procedure and the rights of criminal defendants.At times, unethical behavior by businesspeople can be extreme enough that society will respond bycriminalizing certain kinds of activities. Ponzi schemes, arson, various kinds of fraud, embezzlement,racketeering, foreign corrupt practices, tax evasion, and insider trading are just a few. A corporation canface large fines, and corporate managers can face both fines and jail sentences for violating criminal laws.This chapter aims to explain how criminal law differs from civil law, to discuss various types of crimes,and to relate the basic principles of criminal procedure.Saylor URL: http://www.saylor.org/booksSaylor.org2586.1 The Nature of Criminal LawCriminal law is the most ancient branch of the law. Many wise observers have tried to define and explainit, but the explanations often include many complex and subtle distinctions. A traditional criminal lawcourse would include a lot of discussions on criminal intent, the nature of criminal versus civilresponsibility, and the constitutional rights accorded the accused. But in this chapter, we will consideronly the most basic aspects of intent, responsibility, and constitutional rights.Unlike civil actions, where plaintiffs seek compensation or other remedies for themselves, crimes involve“the state” (the federal government, a state government, or some subunit of state government). This isbecause crimes involve some “harm to society” and not just harm to certain individuals. But “harm tosociety” is not always evident in the act itself. For example, two friends of yours at a party argue, take theargument outside, and blows are struck; one has a bloody nose and immediately goes home. The crimes ofassault and battery have been committed, even though no one else knows about the fight and the friendslater make up. By contrast, suppose a major corporation publicly announces that it is closing operations inyour community and moving operations to Southeast Asia. There is plenty of harm to society as the plantcloses down and no new jobs take the place of the company’s jobs. Although the effects on society aregreater in the second example, only the first example is a crime.Crimes are generally defined by legislatures, in statutes; the statutes describe in general terms the natureof the conduct they wish to criminalize. For government punishment to be fair, citizens must have clearnotice of what is criminally prohibited. Ex post facto laws—laws created “after the fact” to punish an actSaylor URL: http://www.saylor.org/booksSaylor.org259that was legal at the time—are expressly prohibited by the US Constitution. Overly vague statutes can alsobe struck down by courts under a constitutional doctrine known as “void for vagueness.”What is considered a crime will also vary from society to society and from time to time. For example,while cocaine use was legal in the United States at one time, it is now a controlled substance, andunauthorized use is now a crime. Medical marijuana was not legal fifty years ago when its use began tobecome widespread, and in some states its use or possession was a felony. Now, some states make it legalto use or possess it under some circumstances. In the United States, you can criticize and make jokesabout the president of the United States without committing a crime, but in many countries it is a seriouscriminal act to criticize a public official.Attitudes about appropriate punishment for crimes will also vary considerably from nation to nation.Uganda has decreed long prison sentences for homosexuals and death to repeat offenders. In SaudiArabia, the government has proposed to deliberately paralyze a criminal defendant who criminallyassaulted someone and unintentionally caused the victim’s paralysis. Limits on punishment are set in theUnited States through the Constitution’s prohibition on “cruel or unusual punishments.”

(more)
See More
Try a College Course Free

Sophia’s self-paced online courses are a great way to save time and money as you earn credits eligible for transfer to over 2,000 colleges and universities.*

Begin Free Trial
No credit card required

25 Sophia partners guarantee credit transfer.

221 Institutions have accepted or given pre-approval for credit transfer.

* The American Council on Education's College Credit Recommendation Service (ACE Credit®) has evaluated and recommended college credit for 20 of Sophia’s online courses. More than 2,000 colleges and universities consider ACE CREDIT recommendations in determining the applicability to their course and degree programs.

Tutorial