Tort and White Collar Crime Essay

GBL 323 11/23/13

6th amendment- in all criminal prosecutions the accused shall enjoy the right to a speedy and public trial,by an impartial jury of the state and district wherein the crime shall have been committed which district shall have been previously ,ascertained by law , and to be informed of the nature and cause of the accusation to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defence

8th amendment- excessive bail shall not be required nor excessive fines imposed nor cruel and unusual punishments inflicted. capital punishment has been found to generally not be cruel and unusual articles about torture of detainees and that they cannot use the information they obtained against the detainees detainee was tortured a bush official confirms rulings of improper detentions as the bush era closes torture acknowledgment highlights detainee issue

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White collar crime
Term coined in 1939 and defined as a crime committed by a person of respectability and high social status in the course of his occupation
Generally- non violent , financial, and may include fraud corporations can be held criminally liable statutes-more and more require prevention

Club Fed street criminals and white collar criminals are not treated the same penalties are not tied to $$$ damages
Min security is a lot different from maximum security

Recent white collar crime scandals enron took longer to take execs to trial than invade two countries enron did it best
Madoff

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Read chapter 7 163-188

Crimes against business
Property crimes: larceny embezzlement false pretenses robbery burglary extortion and bribery forgery, and bad checks

Elements of crime
Larceny - is the tresspassory taking and carrying away of personal property of another with the intent to deprive the victim permanently of the goods crimes are described in terms of the elements of a crime those conditions that must be proved by the prosecutor to convince the jury that the crime occurred for larceny the elements would be trespassory, taking and, carrying away of, personal property, of another, with the intent to deprive the victim permanently of the goods

Robbery-larceny with the added elements the property is taken directly from the victim or in the victims presence is accomplished through force or threat of force robbery may be aggravated use of a deadly weapon intent to kill serious bodily injury commission of a crime by two or more persons
Burglary.most statutes define burglary as 1 entry 2 into a building 3 with intent to commit a felony in the building

Embezzlement- the 1 fraudulent 2 conversion of 3 the property 4 of another 5 by one who is in lawful possession of it conversion means an act that seriously interferes with the owners rights in the property difference between larceny and embezzlement is that embezzler is in lawful possession of the property up until the theft
False pretenses, a 1 materially false representation of an existing fact 2 which causes the victim 3 to pass title to 4 his property to the the wrongdoer 5 who knows the representation to be false and this intends to defraud the victim note use of subjective reasonableness test if the victim is actually deceived the test is satisfied gullibility or lack of due care on the part of the victim is no defense

2/4 Tort law- civil wrong doings
Law of torts
3 key principles - to compensate persons who sustain harm or loss from another tortious conduct (2) to place the cost of compensation on those parties compensatory damages- intended to compensate the plaintiff for his injury punitive damages - intended to punish or make an example of the wrongdoer in cases where the defendants conduct was intentional and outrageous showing malice or a fraudulent or evil motive,must be proportional to harm caused nominal damages - usually 1.00 , may apply

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