Legal/Ethical Issues in Business: Week 7
Legal/Ethical Issues in Business: Week 7 BUS 205
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This 3 page Class Notes was uploaded by Brittany Smith on Sunday October 16, 2016. The Class Notes belongs to BUS 205 at Colorado State University taught by Stephanie Hewitt Bowen in Fall 2016. Since its upload, it has received 3 views. For similar materials see Legal/Ethical Issues Business in Business at Colorado State University.
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Date Created: 10/16/16
Legal and Ethical Issues in Business Criminal Law Classification of Crimes Felonies = more serious crimes (greater than 1 year in jail – Death) o Murder, robbery, rape, kidnapping, major theft o Anything that has greater than one year in jail (not entirely true in Colorado, there are misdemeanor crimes that can get you more than one year) o Jail itself its different Serving time in prison o Where you serve sentence and length of sentence depends on crime Misdemeanors = fine or less than 1 year in jail o Serving in country jail or work release type facilities Petty Offense = minor traffic violations, noise violations o Little to no jail time Burden of Proof Burden of providing proof that the defendant did it Criminal = beyond a reasonable doubt o Completely sure o Beyond “I’m not sure; it’s possible” Civil o Preponderance of the Evidence More likely than not 51% more sure than not o Clear and Convincing Evidence Close to beyond a reasonable doubt, but more than 51% Punishment Restraint Deterrence Retribution (eye for an eye) Vengeance Rehabilitation o Court is supposed to look at rehabilitation first to determine punishment o They’re going back to society o More cost effective Constitutional Protections (Rights) 4 Amendment o Protects individuals from illegal search and seizure from the government o Probable cause for warrants Probable Cause = Facts or evidence that would make a reasonable person think that a crime was being committed or about to be committed 5 Reasons without Warrant Plain View o If you see it, smell it, or hear it, then it’s plain view Lawful Arrest Stop and Frisk o Name and maybe one other identification question o Not required to answer anything else o Officer can frisk if they’ve felt danger, but can’t necessarily search your backpack Consent o Biggest reason Emergencies Amendment Double Jeopardy – can’t be tried for the same crime twice in the same sovereign o But you can be tried for the same crime in the state and federal court Right not to selfincriminate o Don’t have to testify, give a statement (only in criminal law) o Miranda Rights/Warnings Cannot be forced, coerced, or beat into giving a statement Must be in custody and must be interrogated Am I free to leave? th Amendment Speedy Trial o 6 months from the date you plead not guilty Right to Jury Right to confront witnesses (crossexamine) Right to an Attorney o Gideon – public defender system Amendment Bail The Right to not have excessive fines o Can’t have a debtors prison (can’t imprison because they can’t pay fines) Cruel and unusual punishment o Death penalty? o Three strikes laws Three priors could get you life in prison, Doesn’t matter what the three priors are Exclusionary Rule Evidence taken in violation of the constitution must be excluded from trial “Fruit of poisonous tree doctrine” – Any evidence derived from illegally obtained evidence will be excluded also Actus Reus = guilty act Mens Rea = guilty state of mind o Specific intent Meant to actually hit them (1 intent) More punishment o General intent o Reckless/negligent intent o Strict liability o The last three are lesser degrees, but still intent even if reckless. Still know that action can cause something bad Have to have both actus reus and mens rea
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