Lecture 10 notes (12/2)
Lecture 10 notes (12/2) FIN - 26074 - 001
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This 0 page Class Notes was uploaded by Olivia Zemanek on Sunday December 6, 2015. The Class Notes belongs to FIN - 26074 - 001 at Kent State University taught by Timothy D Ludick (P) in Summer 2015. Since its upload, it has received 112 views. For similar materials see LEGAL ENVIRONMENT OF BUSINESS in Finance at Kent State University.
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Date Created: 12/06/15
FIN 26074001 THE LEGAL ENVIRONMENT OF BUSINESS Lecture 10 Notes 122 Next Exam is the Final December 16 Remember that it starts at 815pm Some reviewing from last week 0 Freedom of speech doesn t protect every type of speech like obscene speech Example you cannot yell Fire in a movie theater when there is no fire It causes unnecessary panic and someone could get hurt 0 Profanity is also protected by the 1st amendment It may be offensive but one cannot be tried for using it 0 Any word that is offensive to you or someone else may get whoever said it punishedfired but that person is still protected by the 1st Amendment 0 A public organization for example a gas station cannot discriminate against anyone race religion gender sexuality etc However a lawyer does have the right to say that they will only represent a certain type of person will only represent women or gay people etc New Material Criminal Law 0 Remember that there are two types of criminal misconduct Misdemeanors and felonies Misdemeanor o penalty is up to one year in county jail 0 Cases managed by the local government 0 Felonies 0 Penalty is more than one year in state prison 0 Cases managed by the state and federal government 0 4th Amendment 0 Why someone cannot arrest someone else or why you do not have to let a government official into your home without a warranty The right of privacy 0 Landmark case Roe v Wade 0 Determined that women have the right to terminate pregnancy in the first trimester under the right of privacy 0 The Civil War when the British broke into homes and arrested people and stole things 0 Amendment that stands for the proposition that there is a preference that people cannot be arrested unless they have a warrant Prior authorization needed before taking away from a home or business 0 The officer has to prove some belief that a crime has been committed and that scene of crime is there or criminal is there 0 If the government official comes to home you do DO NOT have to let them in unless they have a warrant All of us have basic privacy rights and cannot be arrested unless there is an arrest warrant or a VALID arrest is made When the violation of someone s 4th amendment the exclusionary law can be applied 0 Exclusionary law the procedure and evidence can be suppressed if 4th amendment was violated It cannot be used or considered by the court 0 Search Warrants Officer must go to the judge and testify that a crime was committed and there is reasonable belief that proof of the crime will be found at the place they want the warrant for When they discover evidence they CAN confiscate it Once the search is complete they must do an inventory process Make a public record of what they did there Police can only search within parameters that were authorized by the judge Elephant in a pill box rule 0 If someone stole an elephant and you had a search warrant you could only look for the elephant in a place that it might fit in An elephant is not going to be in something as small as a pill box so that does not give you the right to look there 0 So defendant still has some privacy rights even with a search warrant Exceptions 0 Officer does have a right to do a personal search of the person in case the person has a weapon or possession of illegal drug they can also be charged with that This personal search is mostly for the safety of the of cer 0 evidence in plain View 0 Border and airplane travel importance of promoting safety Officer can also try to get the consent of someone Try to get the individual s consent or permission to do a search 0 Seen a lot with apartmentsdorm roomswhen someone has a roommate Say your roommate has illegal drugs in their room that you weren t aware of An officer comes to your apartment and asks to search the place you say sure and they find something illegal in your roommate s room You gave consent into the home so it was a legal search and they did not violate anything because they got your permission 0 Once a person is VALIDLY arrested The arraignment specific charges are read to them against the person in open court They have the ability into different types of pleas O 1 Guilty acknowledging they violated a statute Judge imposes penalty fine or jail there is no trial O 2 Not guilty At some point there will have to be a trial The prosecution will submit evidence 0 3 No contest or nolo contendere not pleading guilty but also no pleading not guilty Saying that they are not disputing charges made in complaint If the charges are criminal then judge rules them guilty 0 Pleading no contest accomplishes that when a person makes a plea at a later date of trial the criminal case cannot be used against them 0 4 Confidency usually made prior to the trial only used sometimes defendant has an absolute right to participate with attorney in pleading A doctor can determine that they are not competent then the trial will take place when they are competent O 5 Not guilty by reasonable sanitydetermination at trial level Defendant consented to mental institution The person didn t have the ability to know what they were committing a criminal act 0 The arraignment 0 The defendant has a right to be considered to be released from custody prior to the case being concluded 0 8th amendment prohibits cruel and unusual punishment 0 This will be considered upon looking at other things such as if the defendant will appear again for the trial They will look at if they appeared at other cases or not They will also consider if there is a victim that needs to be protected 0 3 types of bail in Ohio 0 1 Personal recognizance bondsignature bond recommended and preferred by the courtthey are set free by signing their signature If the defendant does not reappear the bond must be paid by them 0 2 Cash surety bond defendant puts up cash or property to guarantee appearance at court at later date The money is released to the defendant if they reappear at court 0 3 10 cash bond in between bond defendant puts up 10 of the bond It is given back if they reappear If they don t they have to pay all of the bond plus the 10 0 Misdemeanors 0 It is allowed for an officer to make an arrest for a misdemeanor IF they have observed the misdemeanor being committed in their presence 0 States do allow a person to use force to someone who does not have the right to detain 0 Felonies Because felonies are much more serious we allow ANYONE to make an arrest It can be either an officer or a private citizen In Ohio 0 First appearance in a municipal court 0 Municipal judge does the preliminary hearing which includes the testimonies like a mini trial there must be proof by prosecutor that a felony was committed There must be significant evidence that the criminal is connected with the felony 0 If the judge does see a probable cause then the trial goes to county Grand Jury 0 The Grand Jury meets in private for the purpose of protecting the privacy rights of the defendant 0 If probable cause that the crime was committed by the felon then they issue indictment Death Penalty Cases also called Capital Murder Cases 0 Same beginning as other cases 0 Once there is one trial and the defendant is found guilty then there is a second trial which is the sentencing stage 0 remember that in ALL criminal cases there is the presumption of innocence O Prosecutor has the burden of proving guilty beyond unreasonable doubt O This second trial would be where testimonies about the defendant s psychological history or the fact that the defendant has limited intelligence or a troubled past would come into play There is something about the defendant that doesn t excuse the criminal conduct but excuses them from the death penalty 0 All criminal cases require a unanimous verdict of the jury If it is not a unanimous verdict than it is known as a hung jury and a new court date is set and there is a different set of jurors 0 Even if there is a unanimous decision for the death penalty the judge has the ability to veto that and say life in prison instead 0 So in conclusion the only way the death penalty happens is 0 When there is determination of guilt 0 There is a unanimous decision in the sentencing level 0 AND the judge agrees 0 Automatic appeal to Court of Appeals if they can determine if there were any errors in trial but if they find none they affirm the death penalty 0 Second automatic appeal is done by the State Supreme Court and that is as far as it would go White Collar Crime Business oriented crime 0 Someone trying to get rich quickly and inappropriately 0 Ponzi schemes 0 Defraud or steal money away from innocent people 0 The RICO act Racketeer In uenced and Corrupt Organizations Act 0 Original focus was to go after mob and organized crime Expanded to ANY type of white collar crime Go after politicians 0 Individuals personally harmed can get 3X the amount of damages 0 Primary use today is against organized criminals 0 Criminal law not only imposes punishment against who committed the act but also to those who helped facilitate the crime 0 In Ohio the degree of penalty for someone who helped with the crime is the same as whatever the punishment was for whoever actually committed the crime 0 A classic example Person AampB decide to hold up a convenient store Person A is the driverthe getaway car B goes into the store and has a weapon that Person A does not know about Person B panics and kills the convenient store guy 0 Both person AampB can be charged with theft robbery and murder even though A was only driving It is even possible for Person A to end up with the death penalty