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Criminal Aspects of Health Care

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Criminal Aspects of Health Care

 

 

© 2014 Jones and Bartlett Publishers

Chapter 5

Criminal Aspects of Health Care

© 2014 Jones and Bartlett Publishers

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

© 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

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