MIE 305 - Exam 2 – NCSU with complete verified solutions 2024

Criminal Law A form of public law seeking to protect society from prohibited acts which threaten the safety of life, property, and/or public order. Typically based on statute Punishment is punitive; Civil Law A form of public law that is based on a combination of statute AND common law Brainpower Read More Previous Play Next Rewind 10 seconds Move forward 10 seconds Unmute 0:00 / 0:00 Full screen Who holds the "burden of proof" in criminal law? The prosecutor holds the burden of proof "beyond a reasonable doubt" against the defendant How are criminal cases remedied? They are typically punitive; imprisonment, fine, etc Remedies are designed to punish, rather than compensate for losses Felonies A serious criminal offense punishable by a prison sentence of more than one year Misdemeanors A crime or offense that is less serious than a felony; any minor misbehavior or misconduct Who holds the "burden of proof" in civil law? the plaintiff holds the "burden of proof" by a preponderance of the evidence against the defendant Elements of a Crime: Mens Rea The "guilty mind"; not a crime to merely think about robbing a bank *A crime requires both elements Elements of a Crime: Actus Reus The "guilty act"; not a crime to accidentally pick up a suitcase at the airport that's identical to yours *A crime requires both elements Elements of a Crime: Conspiracy (Exception!) It is a crime to plan or agree with another to carry out a crime *Even if the conspired crime does not occur, the actus reus is in the planning and agreement States of Mind 1) Purposefulness 2) Knowing 3) Recklessness 4) Negligence States of Mind: Purposefulness Conscious object is to commit the act Premeditation can be SOM that imposes a higher standard of purposefulness States of Mind: Knowing Commission of the act with understanding that it is practically certain it will result in a certain outcome Awareness of cause-effect States of Mind: Recklessness Conscious disregard of a substantial and unjustifiable risk attendant to one's behavior States of Mind: Negligence Ignoring a reasonable perception of undue risk in an act that is a "gross deviation from the standard of care" of a reasonable person in those circumstances Strict Liability Offenses where "states of mind" are not required; the completion of the act itself is enough to hold the perpetrator responsible *Liability without fault, traditionally for inherently dangerous activities (handling wild animals, blasting/building demo, etc) Park Doctrine (Responsible Corporate Officer) A federal prosecutorial doctrine which holds that some business acts (or omissions with significant potential to harm the public) are essentially strict liability offenses An RCO within the organization can be held personally criminally liable for them 1st time typically misdemeanor, after which they are felonies Defenses to Criminal Charges 1) Entrapment 2) Immunity 3) Insanity 4) Statute of Limitations Defenses to Criminal Charges: Entrapment Due process argument about enticement (by police) to commit a crime Defenses to Criminal Charges: Immunity Technical defense; they claim of a promise by prosecution that they will not be prosecuted Defenses to Criminal Charges: Insanity Not often applicable in business setting; rare use in other settings too, but standard in many states is the M'Naghten Rule (could the accused distinguish right from wrong?) Defenses to Criminal Charges: Statute of Limitations Like insanity, it is an affirmative defense; there is a time limit on prosecution for criminal offenses Fourth Amendment Protection against unreasonable searches and seizures, warrant requirement (probable cause- no general warrants) Exclusionary Rule: prohibits use of improperly seized evidence Plea Bargaining 1) Charge Bargain 2) Count Bargain 3) Sentence Bargain Plea Bargaining: Charge Bargain Multiple offenses, Defendant pleads to lesser of all charged offenses Plea Bargaining: Count Bargain Multiple offenses of the same type, Defendant pleads to one or several Plea Bargaining: Sentence Bargain Defendant pleads to offense, Plaintiff/Prosecutor agrees not to object to request for leniency in sentencing (or ask for it based on substantial assistance) Vicarious Liability Legal doctrine under which a party can be held liable for the wrongful actions of another party (especially in the business environment, when an employer becomes liable for the torts of its employee) United States v. Dotterweich The president of a repackaging and relabeling company convicted of adultery and misbranding even though there was no evidence that he knew about it