ADMJ 1230 Lecture Notes - White-Collar Crime, Prima Facie, Preliminary Hearing
15 Nov 2013
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*white-collar crimes are not traditional or street crimes. Street crimes are usually characterized by using violence. Victimization is diffused (many more victims, responsible party is harder to catch). Larger amounts of money involved (hundreds of thousands to millions of dollars). It is usually motivated by financial gain or organizational success (winning an election, cooking the books). It is not characterized by direct or indirect violence. Consent is required for a full credit check by employers or future employers. Mala in se evil in and of itself (rape, murder) Mala prohibitum we make it evil (gambling, prostitution, drugs) Specific statue, sanction, stare decisis the courts rely on decisions made on past cases/case law. Seven basic steps of the criminal justice system: Preliminary arraignment - charges against the defendant, date of preliminary hearing, post bail. Preliminary hearing (3-10 days), prima facia, right to have an attorney, cross-examine witnesses, offer evidence, take notes (right to a public trial).
