Unit 8: Criminal Law and Business
Like torts, criminal law deals with what happens when an individual or group of individuals commits a wrong against another individual or group of individuals. However, criminal laws are enforceable through prosecution by the state. Criminal law pertains to the direct violation of an existing law. In criminal law cases, there is a prosecution, a defense, and, in many cases, a jury of peers. This unit will focus on criminal law in the business community.
Completing this unit should take you approximately 3 hours.
Upon successful completion of this unit, you will be able to:
- compare and contrast misdemeanors and felonies, and identify examples of each;
- identify criminal acts related to the business world; and
- define and discuss white collar crime.
8.1: Burden of Proof
Read the introductory materials for Chapter 10. Prior units dealing with civil law and informal alternatives have covered the most typical interactions a business person will have with the law. Unfortunately, some businesses and businesspeople do end up becoming involved in the criminal justice system. The last decade in the United States has produced some very prominent examples, including the investment manager Bernie Madoff and Tyco International CEO Dennis Kozlowski. White collar and other business-related crime can have a major impact on the public's perception of a business, its executives, and its employees. For ethical as well as economic reasons, it is very important for business leaders to be aware of the potential for crime in the business world and to take steps to guard themselves and their businesses against it. This section gives an overview of the issues businesspeople may face related to crime.
Read this section, which discusses criminal law in general, including constitutional protections for criminal defendants, defenses to criminal allegations, and the nature of punishment in criminal law. Pay particular attention to the discussion of the burden of proof in criminal cases. Compare this burden of proof to the burden in civil cases, noting the apparent contradictions that can arise from these differences. Do exercise 2 at the end of the section.
8.2: White Collar Crime and Other Business-Related Crimes
Read this section. This section covers the more notable white collar crimes in business. Be aware, though, that business-related crimes can extend beyond common white collar crime. Property crimes can be committed by any employee. In addition, businesses sometimes violate regulatory statutes with criminal penalties, such as environmental laws. Familiarize yourself with the most common crimes, white collar and otherwise, seen in business settings. Complete the exercises at the end of the section.
Unit 8 Assessment
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Take this assessment to see how well you understood this unit.
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