Business Law

892 words 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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After a chase, the policeman cornered the suspect and noticed that he had an empty shoulder holster. The policeman retrieved the gun and then arrested Quarles. At this point the Miranda warning was read to Quarles. Was the warning too late in violation of Quarles’s constitutional rights? Why or why not?
No the warning was not too late. The Miranda rights are read to the person after they placed under arrest. As per the Miranda right they have the right to remain silent after they are put under arrest. The Fifth Amendment allows individuals to exercise their right against compulsory self incrimination. It is not necessary for officer to read Miranda rights unless suspect is under arrest. The Fifth Amendment only protects an individual after they have been arrested. The officer did not violate Quarles Fifth Amendment rights.

10. To what extent do sole proprietors differ from partners and a corporate official in so far as the Fifth Amendment is concerned? Explain.
In concerning the Fifth Amendment in regards to possession of business records of an organization is limited. It is sometimes called upon companies to produce records or give testimony that may incriminate them. The contents of sole proprietors documents are not protected, but the proprietor cannot be compelled to produce the documents. In regards to corporation, their documents are not protected; however the person who keeps the records cannot

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