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Business Law - Crimes. Objectives. Classify the different types of crimes Understand Criminal Trail Know what crimes affect businesses. Classification of Crimes. Felonies. Misdemeanors. Violations. Felonies. Felonies are the most serious kinds of crimes.

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Business law crimes
Business Law - Crimes


Objectives
Objectives

  • Classify the different types of crimes

  • Understand Criminal Trail

  • Know what crimes affect businesses


Classification of crimes
Classification of Crimes

Felonies

Misdemeanors

Violations


Felonies
Felonies

  • Feloniesare the most serious kinds of crimes.

  • Most crimes against the person and some business-related crimes are felonies.


Misdemeanors
Misdemeanors

  • Misdemeanorsare less serious than felonies.

  • Many crimes against property are misdemeanors.


Violations
Violations

  • Crimes that are neither a felony nor a misdemeanor that are usually punishable by a fine.

  • For example:

    • Traffic violations

    • Jaywalking


Criminal act
Criminal Act

  • The defendant must have actually performed the prohibited act.

  • Merely thinking about a crime is not a crime because no action has been taken.


Criminal intent
Criminal Intent

  • Mens rea (evil intent) – the possession of the necessary state of mind to commit a prohibited act.

  • Specific intent– the accused purposefully, intentionally, or with knowledge commits a prohibited act.

  • General intent – a showing of recklessness


Criminal acts as the basis for tort action
Criminal Acts as the Basis for Tort Action

  • An injured party may bring a civil tort action against a wrongdoer who has caused the party injury during the commission of a criminal act.

  • Civil lawsuits are separate from the government’s criminal action against the wrongdoer.


The criminal trial
The Criminal Trial

  • All jurors must collectively agree before the accused is found guilty of the crime charged.

  • If one juror has reasonable doubt about the guilt of the accused, the accused is not guilty of the crime charged.

  • If all of the jurors agree that the accused did not commit the crime, the accused is innocent of the crime charged.


The criminal trial1
The Criminal Trial

  • If the jury cannot come to a common decision about the defendant’s guilt, the jury is considered a hung jury.

    • The government may choose to retry the case before a new judge and jury.


Crimes affecting business
Crimes Affecting Business

  • Robbery

  • Burglary

  • Theft

  • Receiving stolen property

  • Arson

  • Forgery

  • Credit card crimes

  • Bad checks

  • Computer crimes


White collar crimes a crime committed by a person in the course of his occupation
White Collar Crimes - a crime committed by a person in the course of his occupation

Embezzlement

Criminal Fraud

Bribery


Corporate criminal liability
Corporate Criminal Liability

  • Corporations may be held criminally liable for actions of their officers, employees, or agents.

  • Corporate directors, officers, and employees are personally liable for the crimes they commit while acting on behalf of the corporation.


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