Essay on Business Law

Submitted By michaelking82
Words: 762
Pages: 4

“No conduct constitutes a criminal offense unless it is made a criminal offense by this Criminal Code or by another law” www., The State of Deleware, Title 11, Crimes and Criminal Procedure, 7/12/2013. In order for something to be a crime it must be made a statutory offense by a law or a code that states a certain act is illegal. If you look at the term crime simplistically then you are saying that a crime is something that is wrong. These wrongs are defined by statute’s that define rights and wrongs. There is common law and there are statutes, and a crime is not a common law but is a violation of a statute.

“Criminal intent means the intent to do something wrong or forbidden by law”, Criminal Intent Law & Legal Definition, 7/12/2013. To understand criminal intent one must not look at the fact that the person accentually committed a crime against someone they didn’t intend to but they must look at the fact they intended to commit a crime in the first place. If a secondary crime occurred while the person was committing a crime in the first place then the person had the criminal intent to commit both crimes. When applying criminal intent to a case, the person’s mental acuity and frame of mind must be examined. If the persons frame of mind was to commit a crime than they had criminal intent in a crime even if that crime was not the crime the intended to commit

The fourth amendment of the constitution safeguards people form unreasonable searches and arrests www.://, Criminal Procedure, 7/12/2013. The fourth amendment safeguards citizens against illegal searches of citizen’s property and personal property. If a search is to be performed, then a warrant must be obtained, but there are various conditions that must be met in order for a warrant to be obtained. In order to obtain a warrant to search a property, or a person’s effects there must be probable cause and this information must be sworn to and specifics must be given www.:// An example of this safeguard; if a person saw something illegal at a person’s house and law officials were able to obtain a warrant to search the house the warrant would not cover the persons office because there is no affirmation that something illegal was spotted in their office.

A person can be potentially prosecuted for the same act twice. Although the fifth amendment guarantees prosecution for the same crime twice there are various ways a person can be tried twice Mallor, Jane P. et al., Business Law: The Ethical, Global, and E-Commerce Environment (15th Ed.), McGraw-Hill (2012), at p. 157. If a person commits a crime, let’s say they rob a liquor store and there are five people in…