Business Law Text Notes Chapter 5
Chapter 5 – Crimes
Nature of Crimes
Crimes are public wrongs- acts prohibited by the state or federal government.
Typically classified as a felony or a misdemeanor:
Felony- A serious crimes such as murder, sexual assault and involve significant moral culpability on the offender’s part. These are punishable by lengthy prison sentences, fines, loss of voting rights, revoking of professional licenses.
Misdemeanor- A lesser offense such as disorderly conduct or battery resulting in minor physical harm to the victim. These usually involve much less moral culpability by the offender than those of felony offenses. Punishable by lesser fines and confinement in prison.
Purpose of the Criminal Sanction
Under the utilitarian view people believe that prevention of socially undesirable behavior is the only purpose of criminal penalties. This goal of prevention includes three major components: deterrence, rehabilitation, and incapacitation.
Deterrence- Under this theory threat or imposition of punishment deters crimes in two ways: 1. Special Deterrence- when punishment of an offender deters him from committing further crimes 2. General Deterrence- when punishment of a wrongdoer deters other from committing similar offenses
Factors influencing the effectiveness of deterrence are: 1. Likelyhood crime will be detected 2. That detection will be followed by prosecution 3. That Prosecution will result in conviction 4. The severity of the punishment is a key factor
Rehabilitation- Involves changing offenders attitudes or values so they are less inclined to commit future offenses.
Incapacitation- Incarcerating offenders so they are less likely to commit crimes while imprisoned.
Essentials of Crime
To convict a defendant of a crime the government must: 1. Demonstrate his alleged acts violated a criminal statute 2. Prove beyond a reasonable doubt that he committed those acts and 3. Prove that he had the capacity to form a
Nature of Crimes
Crimes are public wrongs- acts prohibited by the state or federal government.
Typically classified as a felony or a misdemeanor:
Felony- A serious crimes such as murder, sexual assault and involve significant moral culpability on the offender’s part. These are punishable by lengthy prison sentences, fines, loss of voting rights, revoking of professional licenses.
Misdemeanor- A lesser offense such as disorderly conduct or battery resulting in minor physical harm to the victim. These usually involve much less moral culpability by the offender than those of felony offenses. Punishable by lesser fines and confinement in prison.
Purpose of the Criminal Sanction
Under the utilitarian view people believe that prevention of socially undesirable behavior is the only purpose of criminal penalties. This goal of prevention includes three major components: deterrence, rehabilitation, and incapacitation.
Deterrence- Under this theory threat or imposition of punishment deters crimes in two ways: 1. Special Deterrence- when punishment of an offender deters him from committing further crimes 2. General Deterrence- when punishment of a wrongdoer deters other from committing similar offenses
Factors influencing the effectiveness of deterrence are: 1. Likelyhood crime will be detected 2. That detection will be followed by prosecution 3. That Prosecution will result in conviction 4. The severity of the punishment is a key factor
Rehabilitation- Involves changing offenders attitudes or values so they are less inclined to commit future offenses.
Incapacitation- Incarcerating offenders so they are less likely to commit crimes while imprisoned.
Essentials of Crime
To convict a defendant of a crime the government must: 1. Demonstrate his alleged acts violated a criminal statute 2. Prove beyond a reasonable doubt that he committed those acts and 3. Prove that he had the capacity to form a