tailieunhanh - Lecture Dynamic business law - Chapter 7: Crime and the business community

After reading this chapter, you will be able to answer the following questions: What are the basic elements of a crime? What are some of the common crimes affecting businesses, and how do we prove them? When a crime is committed to benefit a corporation, who can be held liable? What are the basic constitutional safeguards for a person accused of a crime? What are the basic steps of a criminal proceeding? How can we prevent white-collar crimes? | Chapter 7 Crime and the Business Community Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. Chapter 7: Crime and the Business Community 7- Elements of a Crime “Actus Reus”—Wrongful behavior (guilty act) “Mens Rea”—Wrongful state of mind, such as purpose, knowledge, recklessness, or negligence (guilty mind) In order to prove criminal liability, two “elements” of crime must be established. The first element is an “actus reus,” which represents wrongful behavior or a guilty act. The second element is “mens rea” which demonstrates a wrongful or guilty state of mind, such as purpose, knowledge, recklessness, or negligence. 7- Classification of Crimes Felonies—Serious crimes punishable by imprisonment for greater than one year, or death Misdemeanors—Less serious crimes punishable by fines, or imprisonment for less than one year Petty Offenses—Minor misdemeanors punishable by small fines or short jail sentences Crimes can be classified as felonies, misdemeanors, or petty offenses. Felonies are serious crimes punishable by imprisonment for greater than one year, or death. Misdemeanors are less serious crimes punishable by fines, or imprisonment for less than one year. Petty offenses are minor misdemeanors punishable by small fines or short jail sentences. 7- Crimes Affecting Business: Property Crimes Robbery Burglary Larceny Arson Property crimes represent wrongs against property interests. Such crimes include robbery, burglary, larceny, and arson. 7- Crimes Affecting Business: “White Collar” Crimes Bribery Extortion Fraud Embezzlement Computer Crimes “White collar” crimes are typically nonviolent offenses that have cheating as their central element Examples of “white collar” crimes include bribery, extortion, fraud, embezzlement, and computer crimes. 7- Exhibit 7-1: Selected Types of Fraudulent Crimes Forgery Defalcation False . | Chapter 7 Crime and the Business Community Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. Chapter 7: Crime and the Business Community 7- Elements of a Crime “Actus Reus”—Wrongful behavior (guilty act) “Mens Rea”—Wrongful state of mind, such as purpose, knowledge, recklessness, or negligence (guilty mind) In order to prove criminal liability, two “elements” of crime must be established. The first element is an “actus reus,” which represents wrongful behavior or a guilty act. The second element is “mens rea” which demonstrates a wrongful or guilty state of mind, such as purpose, knowledge, recklessness, or negligence. 7- Classification of Crimes Felonies—Serious crimes punishable by imprisonment for greater than one year, or death Misdemeanors—Less serious crimes punishable by fines, or imprisonment for less than one year Petty Offenses—Minor misdemeanors punishable

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