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Law for Business

Law for Business. Mr. Bernstein Criminal Law and Procedures, pp 76-83 October 9, 2013. Law for Business Mr. Bernstein. Crimes: Punishable Offences Against Society, Not Just the Victim Elements of a Crime Duty must exist Duty must be violated, through act or omission

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Law for Business

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  1. Law for Business Mr. Bernstein Criminal Law and Procedures, pp 76-83 October 9, 2013

  2. Law for BusinessMr. Bernstein Crimes: Punishable Offences Against Society, Not Just the Victim Elements of a Crime Duty must exist Duty must be violated, through act or omission Criminal intent must exist Classification of Crimes Felonies – punishable by >1 year in prison or >$1,000 fine Misdemeanor – less serious

  3. Law for BusinessMr. Bernstein Criminal Conduct can be against: A person Property The government Public Peace Realty Consumers Decency

  4. Law for BusinessMr. Bernstein Business-Related Crimes – Non-violent, not physically destructive Antitrust laws (Anti-competitive behavior) Evading Taxes False Pretenses (Fraud) Corruption Embezzlement Larceny Receiving Stolen Property Forgery Bribery Computer Crime Extortion Conspiracy Vicarious Liability

  5. Law for BusinessMr. Bernstein In the USA: Constitutional right to be represented by an attorney Accused must be guilty beyond a reasonable doubt In many European countries: The accused is NOT presumed innocent until proven guilty Victims and their families can be investigated Judges can exam and cross-examine witnesses There is no “Taking the 5th” (protection against self-incrimination) Testimony based on hearsay and opinion is allowed

  6. Law for BusinessMr. Bernstein Defenses to Criminal Charges State bears burden of proving guilt beyond a reasonable doubt Procedural defenses Substantive defenses Self-defense Insanity Immunity Plea Bargaining

  7. Law for BusinessMr. Bernstein Sound advice to all citizens Study business law enough to identify activities considered criminal (…which can vary by state…) Never intentionally do something criminal Never misrepresent a fact in a business deal Never threaten others with an illegal act If arrested, immediately contact an attorney Know your rights and don’t be afraid to use them

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