Criminal Aspects of Health Care
Criminal Aspects of Health Care
LEARNING OBJECTIVES
- Explain what criminal law is, the classification of crimes, and its purpose.
- Describe the criminal procedure process from arrest through trial.
- Describe several of the more common crimes that occur in the healthcare setting.
© 2014 Jones and Bartlett Publishers
Criminal law
- Criminal law (also known as penal law) is the body of statutory and common law that deals with crime and the legal punishment of criminal offenses.
- What is the purpose of criminal law?
© 2014 Jones and Bartlett Publishers
Purpose of Criminal Law
- Maintain Public Order & Safety
- Protect Individuals
- Use Punishment as a Deterrent
- Provide for Criminal Rehabilitation
- What are the definitions of a crime, misdemeanor & felony?
© 2014 Jones and Bartlett Publishers
Definitions
- Crime – social harm defined & made punishable by law.
- Misdemeanor – offense punishable by less than 1 year in jail and/or a fine.
- Felony – imprisonment in a state or federal prison for more than a year.
- What is an arraignment?
© 2014 Jones and Bartlett Publishers
Arraignment
- Formal reading of the accusatory instrument
- a generic term that describes a variety of documents, each of which accuses a defendant of an offense
- includes the setting of bail
- What is the purpose of a conference with the defendant and prosecutor?
© 2014 Jones and Bartlett Publishers
Conference
- Meeting for purposes of deliberation
- Plea bargaining time
- Commences with the goal of an agreed-upon disposition
- If no disposition can be reached, a case may be assigned to a trial court.
- Describe the process of conducting a criminal trial.
© 2014 Jones and Bartlett Publishers
Criminal Trial – I
- Jury selection
- Opening statements
- Presentation of witnesses & evidence
- Standard of proof must be beyond a reasonable doubt.
- Summations
© 2014 Jones and Bartlett Publishers
Criminal Trial – II
- Instructions to the jury by the judge
- Jury deliberations
- Verdict
- must be unanimous
- Opportunity for appeal
- What does the False Claims Act of 1986 prohibit?
© 2014 Jones and Bartlett Publishers
