Lecture 11 notes 12/9
Lecture 11 notes 12/9 FIN - 26074 - 001
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This 3 page Class Notes was uploaded by Olivia Zemanek on Friday December 11, 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 87 views. For similar materials see LEGAL ENVIRONMENT OF BUSINESS in Finance at Kent State University.
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Date Created: 12/11/15
FIN 26074001 THE LEGAL ENVIRONMENT OF BUSINESS Lecture 11 Notes 129 Final Exam is Wednesday December 16th at 815 pm The Constitution asks us not to tolerate discrimination and respect rights It is an aspirational document It asks us to be better than who we are 5th Amendment the Due Process Amendment 0 3 main Portions of the 5th amendment 0 1 Grand Jury in capital crimes I there is a requirement that there is a grand jury I Citizens that will be able to give their opinion on whether or not there should be any criminal charges Prevents people from being prisoners and let s matters be deliberated Not to thwart criminals from being prosecuted but prevents improper police activity I the grand jury process is very private 0 issues indictment if criminal case 0 No Bill if decision is that there was no criminal case 0 2 Requirement there can not be double jeopardy I Once a trial has ended with the defendant pleading either guilty or not guilty the defendant cannot be tried again for the same thing 0 3 An individual has the right to be free from self incrimination I defendant has a right not to testify at the trial I If a defendant does not testify their silence cannot be assumed to mean that they are guilty I Also inquires that if the defendant makes a statement that it must be said voluntarily and intelligently If that is shown then the statement can be used 0 voluntary 0 no techniques can be used to extract information from the defendant 0 cannot be anything that threatens violence violates voluntary portion 0 cannot be any police techniques of holding necessities such as food sleep or medication 0 intelligence 0 Miranda Rights defendant needs to know their rights If defendant is under detainment or under arrest then Miranda rights need to be read 0 If a person walks into the police station and says they murdered someone that statement CAN be used against them As long as they were not under detainment they said it voluntarily and intelligently they were not under arrest or detained It doesn t matter where the incriminating statement is said 0 If no rights were ever read to a person the case can NOT be thrown out BUT anything the criminal said can NOT be used against them 0 5th Amendment does NOT apply to physical evidence only writtenverbal statements 0 a right not to cooperate with police but the police can ultimately get a test from you blood urine or breath test I Or for another example in the case of rape you need more than just a statement Testing of physical evidence will be needed 0 Due Process Law 0 procedure for criminal or civil court has to be fundamentally fair 0 if the government is doing something to you then you have rights I you have a right to know what they are going to do and when and where that process will take place you have a right to appear in court and you have a right to participate fully to ask questions and a right to try and expose a witness as not credible you have a right to provide positive statements to support your position and a right to testify and if you cannot do that yourself you have right to an attorney Also if you ask people to appear in court for you and they don t feel comfortable doing that you have a right to make them be there Police Techniques 0 Wiretapping government invades a communication system and listen to what criminals are talking about 0 Must be pre authorization from a judge allowing that violation of privacy 0 Use of informers police of cer or private individual who is wired Used to catch sound or video of illegal activity Laws have to be speci c as to what we can and cannot do Concept of eminent domain 0 any asset that you have can not be taken from you by government unless it is done for a public purpose and the government will compensate you for taking that property or asset o For example if the city wanted to have a park or add a new road they can take your property if needed 6th Amendment Right to Legal Counsel 0 you have the right to attorney but not necessarily for free 0 If defendant is charged for a criminal violation and has possible incrimination and defendant doesn t have enough assets or income then government has to provide an attorney for defendant at the government39s cost 0 Only entitled to attorney if crime could be punishable by jail time not if you were to get a parking ticket for example 0 right that there be a public hearing or trial hearing the deck cannot be stacked improperly cannot exclude jurors from jury pool on the basis of gender race etc issues 0 concept of speedy trial 0 mandate that once a defendant has been charged with crime than the trial has to take place within a certain time If that does not happen then judge is obligated to dismiss the case and the defendant cannot be retried o If it is a more serious case the time limit is longer I Minor misdemeanor when no jail time would be involved 30 days I 1st degree misdemeanor drunk driving 90 days I 1st degree felonies 270 days 8th Amendment Cruel and Unusual Punishment 0 If the judge makes an unfair bond a higher court can modify the bond 0 the criminal justice system can NOT advocate torture 0 Punishment must t the crime 0 Death penalty 0 primarily only implemented in a few states 0 Many prosecutors are reluctant to impose death penalty because after the fact the person may be found innocent or not guilty 2nd Amendment Right to Bear Arms He only mentioned this at the last minute so no details were given
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