Attached.

Running Head: CRIMINAL LAW

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Criminal Law
Name
Institution

CRIMINAL LAW

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Criminal Law

At times, unethical conduct by businesspersons may be extreme enough such that the
society may respond by criminalizing various kinds of practices. Arson, Ponzi schemes, different
kinds of fraud, racketeering, embezzlement, tax evasion, foreign corrupt practices, and insider
trading as some of the examples. A corporation may encounter large fines while corporate
managers may face both jail sentences and fines for violating criminal laws. Therefore, it is
crucial for business leaders to comprehend the criminal justice system, crimes in the business
setting, the basic elements needed for a crime, and federal criminal laws that regulate businesses.
Criminal law punishes individuals who commit offences against the public, whereas the
government is responsible for criminal prosecutions.
The United States constitution offers various rights to individuals, and courts have
broadened some of the rights to organizations. Several federal criminal statutes control the
manner organizations conduct business, which is significant as it gives the stakeholders and the
public with confidence in both the legal system and organizations.
Criminal Law System
Criminal law gets designed to castigate individuals who commit felonies and deter those
people who are considering committing crimes, whereas the government tends to prosecute
criminal law at the federal, state, and local levels. Criminal law varies from civil law since a
criminal felony is against the public, whilst a civil act occurs due to private injury. Federal, state,
and local governments have statutes that define restricted acts that lead to harm to public safety,
public health, or ethics. Only the government may prosecute a crime as well as punish a
wrongdoer.

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The key steps in a criminal case comprise of investigation, capture, prosecution,
indictment, plea bargaining, jury trial, sentencing, and punishment. Once the police suspect
wrongdoing has been carried out, they investigate to collect evidence and discover a suspect. At
times, the investigations need a search of an individual, place, or business with a warrant (Miller,
2019). The 4th amendment safeguards people against unreasonable seizures and searches by the
government. In case the search recognizes a suspect, the law enforcement officers may arrest the
suspect in case they have a possible cause, implying that a rational connection amid the suspect
plus the crime exists. Once a suspect gets arrested, they must get informed of their lawful rights.
A suspect tends to become a defendant when they get accused by the grand jury or once a
prosecutor tends to file information. In case the grand jury finds sufficient proof, it returns an
accusation – an official charge or indictment of a serious felony. The judge establishes whether
possible cause exists to deem that the defendant carried out the felony. Once formally indicted
with wrongdoing, the defendant gets arraigned, a course where they attend the court and enter a
petition. At times, the prosecutor offers the defendant a petition bargain, where the defendant
tends to plead culpable in switch for a lesser allegation or shorter sentence. In case no plea
bargain gets made, the defendant proceeds to trial by the judge.
The trial leads to the defendant either getting acquitted or found culpable. In case found
responsible, the defendant continues to the sentencing stage. Probable sentences comprise of a
fine, community service, restitution, house arrest, probation, deportation, incarceration, or death
penalty.
Burden of Proof
In unlawful cases, the prosecution tends to stand the burden of proof so as to present
evidence showing, beyond reasonable doubts, that the defendant is responsible for all elements

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of each charged crime. A defendant accused of a crime is deduced to be innocent. The burden of
proof tends to be the responsibility of the prosecution to attest a justification in case they choose
to present one. The two burdens o...