CHAPTER
4-1
4-2
LAW for Business and Personal Use
© 2012 Cengage Learning. All Rights Reserved.
May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

Criminal Law

 Understand the three elements that make up a criminal act
 Classify crimes according to the severity of their potential sentences
 Identify the types of crimes that affect business
LAW for Business and Personal Use
© 2012 Cengage Learning. All Rights Reserved.
May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Chapter 4
SLIDE 2

CRIMES AND CRIMINAL
BEHAVIOR

 Duty to do (or not to do) a certain thing to establish duty in a trial the prosecutor will cite the statute to a judge
 Violation of the duty the breach of this duty is the criminal act.
 Criminal intent must be proven
1. defendant intended to commit the act
2. intended to do evil
LAW for Business and Personal Use
© 2012 Cengage Learning. All Rights Reserved.
May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Chapter 4
SLIDE 3

CRIMINAL INTENT

 Can a corporation form criminal intent?
 If the corporations employees have criminal intent, the
 employer can be judged to have criminal intent
 if the employees were doing their assigned duties and the criminal act benefits the organization, most courts will find criminal intent
 Can officers be held criminally responsible if an employee commits a crime?
 many times the answer is yes, under the doctrine of vicarious liability
(substituted liability) ie: president of company knows generally about dangerous working conditions, but does nothing and a worker is killed, president may be charged with homicide
LAW for Business and Personal Use
© 2012 Cengage Learning. All Rights Reserved.
May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Chapter 4
SLIDE 4

CRIMINAL INTENT

 under seven considered below the age of reason
 seven to fourteen must prove they had knowledge
 fourteen to seventeen kind of a gray area- will depend on crime
 eighteen and up are adults
LAW for Business and Personal Use
© 2012 Cengage Learning. All Rights Reserved.
May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Chapter 4
SLIDE 5

CRIMINAL INTENT

 sufficient mental capacity to know the difference between right and wrong
 insane persons are not held responsible
 normally neither voluntary intoxication nor use of drugs will be considered to affecting ones criminal intent
LAW for Business and Personal Use
© 2012 Cengage Learning. All Rights Reserved.
May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Chapter 4
SLIDE 6

CRIMINAL INTENT
 When is intent not required
 less serious crimes
 jail time is unlikely ie: traffic offenses, extreme carelessness
LAW for Business and Personal Use
© 2012 Cengage Learning. All Rights Reserved.
May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Chapter 4
SLIDE 7

CHECKPOINT
  

1.
duty to do or not do
2.
violation of duty
3.
intent
LAW for Business and Personal Use
© 2012 Cengage Learning. All Rights Reserved.
May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Chapter 4
SLIDE 8

CLASSIFICATIONS OF CRIMES
 Felonies
 Serious crime punishable by confinement for more than one year in a state prison or fine over $1,000 or both, or death
 Misdemeanors
 Less serious crime punishable 1) by confinement in a county or city jail for less than one year, 2) by fine, or 3) by both confinement and fine
~ can be classified as an infraction
 White-collar crimes
 Criminals are generally well-educated, respected members of the community
LAW for Business and Personal Use
© 2012 Cengage Learning. All Rights Reserved.
May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Chapter 4
SLIDE 9

1.
Crimes against a person (assault and battery, kidnapping, rape, murder)
2.
Crimes against property (theft, robbery, embezzlement, receiving stolen property)
3.
Crimes against the government and the administration of justice
(treason, tax evasion, bribery, counterfeiting, perjury)
4.
Crimes against public peace and order (rioting, carrying concealed weapons, drunk and disorderly conduct, illegal speeding)
5.
Crimes against realty (burglary, arson, criminal trespass)
6.
Crimes against consumers (fraudulent sale of worthless securities, violations of pure food and drug laws)
7.
Crimes against decency (bigamy, obscenity, prostitution, contributing to the delinquency of a minor)
LAW for Business and Personal Use
© 2012 Cengage Learning. All Rights Reserved.
May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Chapter 4
SLIDE 10

CRIMES AGAINST A PERSON






Homicide
1
2 st nd degree Murder
Felony Murder degree Murder
Voluntary
Manslaughter
Involuntary
Manslaughter
 Negligent Homicide
 Assault & Battery
 Stalking
 Sexual Assault
 Rape
 Statutory Rape
 Acquaintance Rape
 Hate Crimes
LAW for Business and Personal Use
© 2012 Cengage Learning. All Rights Reserved.
May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Chapter 4
SLIDE 11

DEFINITIONS CRIMES AGAINST A
PERSON
 Homicide – most serious
 Criminal is committed with plan or malice, done with intent to kill or seriously harm, acting reckless without regard to others
 Criminal homicide if: persons actions are without regard for another’s life and result in the killing of another
 Homicide can be non-criminal: excusable or justifiable and is not subject to criminal charges
 1 st degree Murder
 premeditated, deliberate, with malice
 depraved indifference to human life
LAW for Business and Personal Use
© 2012 Cengage Learning. All Rights Reserved.
May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Chapter 4
SLIDE 12

DEFINITIONS CRIMES AGAINST A
PERSON
 Felony Murder
 killing takes place during the commission of certain felonies
 Arson, rape, robbery, burglary
 no need to prove intent, malice assumed because homicide occurred during a felony act
 2 nd degree Murder
 without premeditation or deliberation
 intent existed at moment of murder/killing
 intentional but spontaneous
 Voluntary Manslaughter
 victim has done something to cause a reasonable person to lose selfcontrol or act rashly
 violent argument
 occur just after the provocation
 punished less severely
LAW for Business and Personal Use
© 2012 Cengage Learning. All Rights Reserved.
May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Chapter 4
SLIDE 13

DEFINITIONS CRIMES AGAINST A
PERSON
 Involuntary Manslaughter
 no intent
 result of reckless conduct causing extreme danger of death or bodily injury
- ie: playing with loaded gun
 Negligent Homicide
 failure to exercise reasonable or ordinary care
 vehicle deaths are most common
 Suicide
 considered a plea for help
 psych exam and treatment
 helping can be murder or manslaughter
LAW for Business and Personal Use
© 2012 Cengage Learning. All Rights Reserved.
May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Chapter 4
SLIDE 14

DEFINITIONS CRIMES AGAINST A
PERSON
 Assault & Battery
 assault – attempt or threat to physically attack
 battery – unlawful physical contact
 no injury necessary
 must intend bodily harm
 states have statutes for different classifications
 assault with intent to rob, murder
 battery defined by harm inflicted
 Stalking
 repeatedly following or harassing
 make threats/cause fear
LAW for Business and Personal Use
© 2012 Cengage Learning. All Rights Reserved.
May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Chapter 4
SLIDE 15

DEFINITIONS CRIMES AGAINST A
PERSON
 Sexual Assault
 includes rape and attempted rape
 verbal threats of a sexual nature
 unwanted sexual contact/grabbing, fondling
 Rape
 sexual intercourse without consent
 no consent if person is unconscious, mentally incompetent, impaired by drugs or alcohol
 Statutory Rape
 sexual intercourse between an adult and minor
 lack of consent is not an element since a minor is incapable of giving legal consent
 trend is to protect victims
 “rape shield” past history not allowed
LAW for Business and Personal Use
© 2012 Cengage Learning. All Rights Reserved.
May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Chapter 4
SLIDE 16

DEFINITIONS CRIMES AGAINST A
PERSON
 Acquaintance Rape – parties know each other
 Hate Crimes
 1969 statute covered
 Race
 Color
 Religion

National origin
 Amended 2009 to include
 Disability
 Sexual Orientation
 Gender
 Gender Identity
LAW for Business and Personal Use
© 2012 Cengage Learning. All Rights Reserved.
May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Chapter 4
SLIDE 17

BUSINESS-RELATED CRIMES
 Larceny
 Receiving stolen property
 False pretenses
 Forgery
 Bribery
 Computer crime
 Extortion
 Conspiracy
 Arson
LAW for Business and Personal Use
© 2012 Cengage Learning. All Rights Reserved.
May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Chapter 4
SLIDE 18

DEFINITIONS OF BUSINESS
RELATED CRIMES
 Larceny – wrongful taking of money or personal property belonging to someone else.
 Robbery – taking of property from another’s person or immediate presence , against the victim’s will, by force or causing fear

Burglary is another variation, entering a building without permission
 Receiving Stolen Property – knowingly receiving or buying
 False Pretenses – obtain money or property by lying
 Forgery – falsely making or materially altering a writing to defraud another
 Bribery – unlawfully offering or giving to a governmental official anything of value to influence performance
LAW for Business and Personal Use
© 2012 Cengage Learning. All Rights Reserved.
May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Chapter 4
SLIDE 19

DEFINITIONS OF BUSINESS
RELATED CRIMES
 Extortion - blackmail
 Conspiracy – agreement between two or more persons to commit a crime
 Arson – willful and illegal burning of a building
 Selling and Buying Narcotics
 Computer Crime
LAW for Business and Personal Use
© 2012 Cengage Learning. All Rights Reserved.
May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Chapter 4
SLIDE 20

PRELIMINARY CRIMES
 Solicitation
~ to ask, command, urge, or advise another to commit a crime
 Attempt
~ perform all the elements of a crime but fail to achieve the criminal result
 Conspiracy
~ agreement between two or more persons to commit a crime
LAW for Business and Personal Use
© 2012 Cengage Learning. All Rights Reserved.
May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Chapter 4
SLIDE 21

PARTIES TO A CRIME
 Principal
~ person who commits the crime
 Accomplice
~ someone who helps the principal commit a crime
 Accessory before the fact
~ person who orders a crime or helps the principal commit the crime but who is not the present during the crime
~ can usually be charged with the same crime as the principal
 Accessory after the fact
~ someone knowing a crime has been committed, helps the principal or an accomplice avoid capture or helps them escape
LAW for Business and Personal Use
© 2012 Cengage Learning. All Rights Reserved.
May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Chapter 4
SLIDE 22

CHECKPOINT
  

1.
Felonies
2.
Misdemeanors
3.
White Collar
LAW for Business and Personal Use
© 2012 Cengage Learning. All Rights Reserved.
May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Chapter 4
SLIDE 23