Criminal Law - Southeast Missouri State University

Criminal Law - Southeast Missouri State University

Criminal Law Classifications Felonies > 1 year imprisonment - death capital 1st degree 2nd degree 3rd degree

Misdemeanors petty offenses life 10 years 5 years Criminal Law Elements of Liability Actus reus

omissions, thoughts, substantial steps Mens rea Purposefully Knowingly negligently recklessly Criminal Law Procedures 4th, 5th, 6th, 8th Amendments 4th, 5th, 6th Amendments exclusionary rule and fruit of the poisonous

tree only tested by guilty defendants Miranda rights and exceptions Criminal Law Procedures Arrest - probable cause Indictment/information -grand jury function Trial - beyond a reasonable doubt Federal Sentencing Guidelines

Mandatory sentences Corporations? Cooperation, past violations, remedial programs Criminal Law Crimes affecting business White collar crime - nonviolent theft, fraud, bribery Forgery checks, trademarks, altering legal documents

Robbery forceful taking Burglary Common law : B&E a dwelling at night w/intent to commit a felony Criminal Law Crimes affecting business Larceny

fraudulent intent to deprive another permanently of property no force Obtaining goods by false pretenses Receiving stolen goods knew or should know that goods are stolen Criminal Law Crimes affecting business Embezzlement

stealing & entrusted with money make restitution Arson willful and malicious burning of property insurance fraud Criminal Law Mail and Wire Fraud Using mail to defraud organizing a scheme to defraud by false pretenses

includes radio and television $1,000 &/or 5 years financial institutions = heavier penalties Criminal Law Bribery Public officials influence public official for your private interest must prove intent Commercial bribes steal trade secrets, cover ups, new contracts

FCPA illegal after 1977 to bribe foreign public officials Criminal Law Bankruptcy Fraud preferential transfers fraudulent concealment or transfers Money Laundering

cash transaction reporting requirements create new challenges Criminal Law Insider Trading stock tips by one who has inside information Theft of Trade Secrets federal crime defined as: all forms of financial, business,

scientific, technical, economic, engineering information must try to keep the secret not generally known to the public Criminal Law Computer Crime Against a computer, using a computer financial crimes theft of services or data = larceny virus piracy vandalism

federal crime $250,000 or double restitution &/or 5 years Criminal Law Criminal RICO $25,000 &/or 20 years Criminal Law - Defenses Lack of mental capacity Infancy

>14 and felony charge = adult trial Intoxication involuntary voluntary to escape mens rea? Montana v. Egelhoff Criminal Law - Defenses Lack of mental capacity Insanity defense as a result of mental disease or defect he

lacks substantial capacity either to appreciate the wrongfulness of his conduct or to conform his conduct to the requirements of the law irresistible-impulse Mnaghten test - did not know the nature and quality of the act or that the act was wrong Criminal Law - Defenses Mistake of Law The law is not published or reasonably made known

An official erroneous statement Mistake of Fact I thought it was sugar negates mens rea Criminal Law - Defenses Consent theft v. rape v. murder? Duress

threat of serious bodily harm or death harm threatened greater than harm caused immediate and inescapable in the situation without fault Criminal Law - Defenses Justifiable Use of Force self-defense deadly force requires reasonable belief that imminent death or grievous bodily

harm will result violent entry into dwelling duty to retreat defense of property - Katco v. Briney Criminal Law Entrapment suggestion + inducement Statutes of Limitations no statutes on some crimes

tolling Immunity 5th amendment privilege ends with promise

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