6-1 What is the purpose of criminal law?

Criminal laws are the laws which are made up of state and federal statues which intend to
prohibit the wrong conduct including all the crimes from fraud to murder.

The main purposes of criminal laws are deterrence, rehabilitation, retribution, incapacitation,
restoration.

6-2 Explain how crimes are classified.

Crimes are classified in categories. Those categories are treason, felony, misdemeanors, petty
crimes.

Treason is an illegal act against a nation.

Felony is a crime that is serious in nature. It covers things like fraud, murder, and armed
robbery.

Misdemeanor is a crime that is less than felony. The same type of crime as felony but the minor
side of it. Stuff like assault or shoplifting.

Petty crimes are very minor crimes like littering or speeding in your car.

6-3 Explain the basic procedural stages in a criminal prosecution.

Stage one is the arrest.

Stage two is the Miranda Rights.

Stage three is booking and first appearance.

Stage four is the information stage.

Stage five is the arraignment.

Stage six is Plea Bargaining.

Stage seven is Burden of Proof.

Stage eight is the defense phase.

6-4 State two alternative definitions of white-collar crime and give an example of one crime that fits
under both definitions and another crime that would fit only one of the definitions.

White Collar Crime One: Non-violent and illegal crimes which generally involves deceit, fraud,
deception, concealment, or misrepresentation to gain monetary value. This can be anything from
money, property or any other advantages.
 White Collar Crime Two: a crime committed by an individual who is high in status and a person
of respectability using fraud, bribery, and misrepresentation in the usual course of the occupation.

Common characteristics: Fraud and Misrepresentation

6-5 Explain the rationale for imposing criminal liability on corporations.

Corporate liability is used to determine the extent of the corporation to which a person can be
held liable for acts that have did while working for the corporation.

The rationale for this is deterrence, rehabilitation, retribution.

Deterrence is effective at preventing crimes in the future. Deterrence penalizes the accused
party and has a goal to prevent future crimes from happening.

Rehabilitation is the part that attempts to transform the accused party into better citizens.
Retribution is the part of it all where the law is used to protect the society from criminal
activities.

6-6 Explain two sentencing alternatives to prison for white-collar criminals.

White collar crimes have two different sentencings. One is community service where you must
do things like pick of trash or talk to groups about your bad deeds. Two is Occupational Disqualification
which is split into both suspended sentence and probation.

6-8 Several corporations were convicted of violating the Sherman Act as a result of an unlawful
agreement among their agents that the suppliers who supported an association to attract tourists would
be given preferential treatment over those who did not contribute financially to the association. The
corporations appealed on the grounds that the corporate agents involved were acting contrary to
general corporate policy. Was the defense valid?

I would say that the argument is invalid for the corporation. This is because the corporation’s
agent cannot act without the knowledge of the corporation. The agents can also not bring the
corporation into illegal agreement that are prohibited by the company policies. Stuff like pricing or other
things are decided at the corporate level thus it is not a valid argument for the corporation to say that
the agents did it on their own.

6-10 Evans was a loan officer for a bank and in this capacity had approved several loans to Docherty, all
of which were legitimate and were repaid on time. Evans asked Docherty to apply for a loan from the
bank for $2,000 and then to give the money to Evans, who would repay the loan. Evans explained that
he could not obtain the loan himself because bank policy did not allow him to borrow from the bank.
Docherty agreed. Was Evans’s or Docherty’s behavior illegal?

Both the actions from both people are illegal as the agreement between them is a per se
violation of the Sherman’s anti-trust act. Evan is not allowed to take loans from the bank, so he had
Docherty take it for him. This means that they are both engaged in a harmful loan agreement. They are
engaging in illegal unethical activities.

6-12 Jones worked for a small community college, teaching business students how to set up inventories
on various computer programs. The college had purchased the software and was licensed to use several
copies of it for educational purposes. Jones started his own small business on the side and used the
software for his own firm’s inventory control. He saw his own use as “testing” the product to make sure
he was teaching students to use a process that really worked. Is his behavior lawful or unlawful? Why?

Cyber crime is any unlawful using of data or services that people are not authorized for. Jones
had access to the software that was purchased by the school. He used the software with good intentions
however he still committed a corporate crime which it could be liable for as he used it without
purchasing it for his company.