Make your own free website on Tripod.com

CHAPTER 6

CRIMINAL LAW AND BUSINESS CRIMES

Classification of Crimes

Elements of a Crime

Criminal Procedure

Crimes Affecting Business

STATUTES, federal and state, are the primary source of criminal law. Penal codes are comprehensive collections of defined crimes and penalties.

PARTIES, to a crime:

plaintiff is the state, represented by the prosecutor

defendant is the accused, represented by the defense attorney.

 

CLASSIFICATION OF CRIMES

Felony is any crime or which the penalty is 1 or more years in the penitentiary.

Misdemeanor is any crime for which the penalty is move than 6 month but less than 1 year in jail

Petty misdemeanor is any crime for which the penalty is less than 6 months in jail.

Top

ELEMENTS OF A CRIME

1. Actus reus - the criminal act

2. Mens rea - evil intent

3. Acts without mens rea - traffic violations

- crimes in which the words knowingly, reckless, negligently, malicously, etc. are not included.

Criminal Basis for Tort Actions - most crimes are also torts.

So why do we not hear of tort actions brought against criminals? Because most criminals are judgment proof.

Mention O.J. Simpson. Wrongful Death action brought.

Mention Dr. Ucker.

Can a corporation be convicted of a crime? Yes. NM 30-20-1 specifically says that a corporation, club, organization or unincorporated association shall be fined as provided by law.

Vaughan and Sons, Inc. v., Texas, 737 S.W.2d 805 (TX, 1987)

Top

CRIMINAL PROCEDURE

Arrest

Initial Appearance

Indictment or information

Arraignment

Plea Bargaining

Trial

Top

CRIMES AFFECTING BUSINESS

Robbery force or threat or force

Burglary breaking and entering with the intent to commit a felony

Larceny wrongful and fraudulent taking of another's personal property.

Theft - crime which drops the distinction between robbery, burglary and larceny.

Receiving Stolen Property

1. knowingly receive stolen property

2. intend to deprive the rightful owner of that property

 Top