Business Law Chapter 5 Criminal Law. Chapter 5.1 Goals.
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Transcript of Business Law Chapter 5 Criminal Law. Chapter 5.1 Goals.
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Business Law Chapter 5
Criminal Law
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Chapter 5.1 Goals
Define the elements present in all crimes
Describe crimes that commonly occur in the Business Environment
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HOT DEBATE – p. 66WHERE DO YOU STAND?
Should Emily be tried?
Should Emily not be tried?
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What’s Your Verdict – p. 67
Has Davis committed a crime despite the repayment?
Crime-is a punishable offense against society
Civil Offenses-offenses against the victim-NOT SOCIETY.
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ELEMENTS OF A CRIME
A DUTY TO DO OR NOT TO DO A CERTAIN THING
AN ACT OR OMMISION IN VIOLATION OF THAT DUTY
CRIMINAL INTENT
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Key Words
Duty-state statutes prohibiting certain conduct
Violation of duty-the breach of duty-the specific statute (law)-is the criminal act
Criminal intent-generally means that the defendant1. Intended to commit the act and
2. Intended to do evil
Embezzlement-the criminal conduct of taking another’s property or money by a person to whom it has been entrusted.
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Key Words
Vicarious criminal liability-Vicarious means substituted. The criminal intent of the employee is used as a substitute for the requirement of criminal intent for an officer.
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Criminal Conduct
Classification of Criminal Conduct p. 68
1. Crimes against a person
2. Crimes against property
3. Crimes against the government
4. Crimes against public peace and order
5. Crimes against realty
6. Crimes against consumers
7. Crimes against decency
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Classification of Crimes
Felony-Murder, Kidnapping, Arson, Rape, Robbery, Burglary, Embezzlement
Perjury-people who lie under oath
Misdemeanor-a less serious crime
Infractions-lesser misdemeanors
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Business Related Crimes White Collar Crime-offenses committed in the
business world
Anti-trust Laws-state that competing companies may not cooperate in fixing prices or in dividing sales regions.
Larceny-the wrongful taking of money or personal property belonging to someone else, with intent of depriving the owner of possession.
Robbery-taking of property from another’s person or immediate presence, against the victim’s will, by force or by causing fear.
Burglary-entering a building without permission when intending to commit a crime.
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Business Related Crimes
Receiving Stolen Property-one who receives stolen property is known as a fence.
False Pretenses-one who obtains money or other property by lying about a past or existing fact.
Forgery-falsely making or materially altering a writing to defraud another.
Bribery-unlawfully offering or giving anything of value to influence the performance of an official
Computer Crime-
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Business Related Crimes
Extortion-(blackmail)-obtaining money or
other property from a person by wrongful use of force, fear, or the power of office.
Conspiracy-an agreement between two or more persons to commit a crime.
Arson-the willful and illegal burning of a building.
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Goals Define the elements present in all crimes
A DUTY TO DO OR NOT TO DO A CERTAIN THING AN ACT OR OMMISION IN VIOLATION OF THAT
DUTY CRIMINAL INTENT
Describe crimes that commonly occur in the Business Environment“White Collar
Crime”
Anti-trust LawsLarcenyRobberyBurglaryExtortionConspiracyArson
Receiving Stolen PropertyFalse PretensesForgeryBriberyComputer Crime