Business Law Essay

908 Words Jul 3rd, 2014 4 Pages
Chapter 8 Q&A
3. For a crime to be committed, the prosecutor must be able to prove a criminal intent and an overt act to carry out that intent. Jack and Mary agreed to rob a series of banks. Prior to beginning their bank robbery spree, they were arrested and charged with criminal conspiracy. What act did Jack and Mary do that justifies a finding that they committed the crime? Explain.
As a general rule, crime involves combination of act and criminal intent. A crime is committed when it is acted upon with a criminal intent. An act of crime without a criminal intent is not a crime. Once an idea of a crime has been communicated and planned out it is considered a conspiracy. A conspiracy is a crime. The crime is justified due to
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If there were no probable cause and there was not a warrant granted by a judge then Suzy would be protected under the fourth amendment. The exclusionary rule under the fourth amendment will also protect any evidence obtained since the “uppers” were illegally obtained by the police officer.

6. Devin was arrested and tried for embezzlement. After deliberating for three days, the jury informed the judge that it was hopelessly deadlocked and could not reach a verdict. The judge declared a mistrial and scheduled a new trial. Devin objected, contending that a second trial constituted double jeopardy. Is he correct? Explain.
In this case, the second trial would not be considered double jeopardy. Double jeopardy means that a person cannot be tried twice for the same crime. He was never acquitted of the crime. Since the jury could not reach a verdict, it was a mistrial case. Once a verdict was reached and carried out, Devine could not be trailed again for same crime. In the case that the defendant appeals and obtains reversal of a conviction, they may be tried again. The reversal means that the defendant was not in jeopardy. The reversal is basically a willingness of the defendant to be tried for crime. In another case, If the crime is committed against two or more people or in multiple states or if the crime is in violation of both state and federal laws the defendants protection against double jeopardy does not prevent multiple trials.

8. A

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