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Business Law - Crimes

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

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  1. Business Law - Crimes

  2. Objectives • Classify the different types of crimes • Understand Criminal Trail • Know what crimes affect businesses

  3. Classification of Crimes Felonies Misdemeanors Violations

  4. Felonies • Feloniesare the most serious kinds of crimes. • Most crimes against the person and some business-related crimes are felonies.

  5. Misdemeanors • Misdemeanorsare less serious than felonies. • Many crimes against property are misdemeanors.

  6. Violations • Crimes that are neither a felony nor a misdemeanor that are usually punishable by a fine. • For example: • Traffic violations • Jaywalking

  7. 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.

  8. 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

  9. 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.

  10. 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.

  11. 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.

  12. Crimes Affecting Business • Robbery • Burglary • Theft • Receiving stolen property • Arson • Forgery • Credit card crimes • Bad checks • Computer crimes

  13. White Collar Crimes - a crime committed by a person in the course of his occupation Embezzlement Criminal Fraud Bribery

  14. 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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