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Our Criminal Law
Chapter 5
Criminal Law
Lesson 5-1
Goals
Define the elements present in all crimesDescribe crimes that commonly occur in
the business environment
What are crimes?
Punishable offense against societyDefined by statutes (laws enacted by state
or federal legislatures)Society (through police/prosecutors)
attempt to identify, arrest, prosecute, and punish the criminal
Criminal and civil offenses are not the sameCivil - against just the victim (not society)
Elements of a Crime
Before anyone can be convicted of a crime, 3 elements must be proved at trial
1. a duty to do or not to do a certain thing
2. an act or omission in violation of that duty
3. criminal intent
Duty
State statutes usually describe dutyLess frequent - federal statutes or city
ordinancesTo establish duty in trial, the prosecutor
cites a statute to the judge
Violation of the Duty
The specific conduct that violates the statute is the criminal act
All states have statutes that makes battery a crime “the intentional causing of bodily harm to
another person”Prove?
Testimony of a witness
Criminal Intent
Means the defendant: intended to commit the act and intended to do evil
Deliberately punch someoneAccidentally fall and hit someone
Criminal Intent (cont)
Can Corporations form criminal intent like humans can?YES
If the criminal act benefits the organization, most courts will find criminal intent
When a corporate employee commits a crime, can officers be held criminally responsible?YES Liable under the doctrine of vicarious
criminal liability
Criminal Intent (cont)
Vicarious Criminal Liability Substituted criminal liability
The criminal intent of the employee is used as a substitute for the requirements of criminal intent for an officer
The president knows of dangerous working conditions but does not report themHomicide
Criminal Intent (cont)
Related to age (early common law)Under 10 – below the age of reason
Incapable of having the criminal intent necessaryOver 14 – know the difference between right
and wrongAccountable as adults
Ages 7-14 criminal intent has to be provedToday, most states fix the age to 18
(range from 16-19)
Criminal Intent (cont)
One must have sufficient mental capacity to know the difference between right and wrong Insane person
Not held responsibleVoluntary intoxication or use of drugs does
not relieve a person
Criminal Intent (cont)
Not all crimes require criminal intent Less serious crimes where being sentenced to jail
is unlikely Traffic offenses
Exception – extreme carelessness 80mph through a neighborhood drunk and kill
someone You may not have intended to speed or do evil So careless it could be treated as criminal intent Vehicular homicide
Criminal Intent (cont)
EmbezzlementTaking of another person’s property or
money by a person to whom it has been entrusted
Criminal Conduct
Crimes against:1. A person (assault and battery, kidnapping, rape,
murder)2. Property (theft, robbery embezzlement)3. The government and administration of justice
(treason, tax invasion, perjury)4. Public peace and order (rioting, disorderly conduct,
illegal speeding)5. Realty (burglary, arson, criminal trespass)6. Consumers (fraudulent sale of securities, violation of
pure food and drug laws)7. Decency (bigamy, obscenity, prostitution)
Classification of Crimes
1. Felonies• Crime punishable by confinement for more
than a year in a state prison or by a fine or more than $1,000, or both – or even death
Murder, kidnapping, arson, rape, robbery, burglary, embezzlement, forgery, theft of large sums, and perjury
Perjury• Crime of lying under oath
Classification of Crimes (cont)
2. Misdemeanor• Less serious crime • Punishable by confinement in a county or
city jail for less than one year, by fine, or both
Disorderly conduct and speeding• Infractions
Minor misdemeanor Can only be fined (no risk of jail)
• Parking violations and littering
Business-Related Crimes
White-collar crimes Offenses committed in the business world No not involve force or violence Do not cause injury to people or cause physical
damage to property Examples
Evading income taxes, defrauding consumers, cheating with false weighing machines, conspiring to fix prices, false insurance claims, false advertising, committing bribery, engaging in political corruption, and embezzling
Fines and short prison sentences because no physical violence
Business-Related Crimes (cont)
Antitrust LawsLaws that prohibit competing companies
from price fixing or dividing up sales regions
Business-Related Crimes (cont)
Larceny (theft) The wrongful taking of money or personal property belonging
to someone else, with the intent to deprive the owner of possession
Shoplifting, pickpocketing, and purse snatching Felony or Misdemeanor (determined by value of property)
Robbery (variation of larceny) The taking of property from another’s person or immediate
presence, against the victim’s will, by force or by causing fear Burglary (variation of larceny)
Entering a building without permission when intending to commit a crime
FELONIES
Business-Related Crimes (cont)
Receiving stolen property the one who receives stolen property is known as a fence
False Pretense – One who obtains money or other property by lying about a past or existing fact (type of fraud)
Forgery – falsely making or materially altering a writing to defraud another (felony)
Bribery – unlawfully offering or giving anything of value to influence performance of an official (accepting a bribe is also criminal activity)
Business-Related Crimes (cont)
Computer crime 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 The conspiracy is a separate crime from the crime
that the parties plan to commit Arson – The willful and illegal burning of a
building
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