Business Law Chapter 5

Criminal Law

Chapter 5.1 Goals

Define the elements present in all crimes

Describe crimes that commonly occur in the Business Environment

HOT DEBATE – p. 66WHERE DO YOU STAND?

Should Emily be tried?

Should Emily not be tried?

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.

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

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.

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.

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

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

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.

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-

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.

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