chapter 5 crimes

Business LawBusiness Law

Mr. WhiselMr. Whisel

Chapter 5Chapter 5

Sections 1-2Sections 1-2

Section 5-1 GoalsSection 5-1 Goals

Define the elements present in all crimesDefine the elements present in all crimesDescribe crimes that commonly occur in Describe crimes that commonly occur in

the business environmentthe business environment

What’s Your Verdict?What’s Your Verdict?

Davis, the chief accountant of the Del Davis, the chief accountant of the Del Norte Credit Union, cleverly juggled the Norte Credit Union, cleverly juggled the company records over a period of years. company records over a period of years. During that time, she took at least $35,000 During that time, she took at least $35,000 belonging to the credit union. When the belonging to the credit union. When the theft was discovered by outside auditors, theft was discovered by outside auditors, Davis repaid the money with interest.Davis repaid the money with interest.

Has she committed a crime despite the Has she committed a crime despite the repayment?repayment?

Verdict!Verdict!

What must be present?What must be present?Duty, Act, Omission, Criminal IntentDuty, Act, Omission, Criminal Intent

Did she violate her duty?Did she violate her duty?What was her criminal intent?What was her criminal intent?

CrimeCrime

Punishable offense against societyPunishable offense against societySociety (Police and Prosecutors)Society (Police and Prosecutors)

Attempt to Identify, Arrest, Prosecute, and Attempt to Identify, Arrest, Prosecute, and Punish for crimes committedPunish for crimes committed

Almost all crimes someone can sue for civil Almost all crimes someone can sue for civil damagesdamages

Crimes are defined by statutes, allowing Crimes are defined by statutes, allowing us to know what we can and cannot do.us to know what we can and cannot do.

Elements of A CrimeElements of A Crime

Three ElementsThree ElementsA duty to do or not to do a certain thing.A duty to do or not to do a certain thing.

Statues describe what is not acceptableStatues describe what is not acceptableAn act or omission in violation of that dutyAn act or omission in violation of that duty

Breach of duty, conduct that violates that dutyBreach of duty, conduct that violates that dutyCriminal ActCriminal Act

Specific Conduct that violates a state statuteSpecific Conduct that violates a state statute

Criminal IntentCriminal IntentIntended to commit that act and intended to do Intended to commit that act and intended to do

evil.evil.

Criminal IntentionsCriminal Intentions

EmbezzlementEmbezzlementThe criminal conduct of taking another’s The criminal conduct of taking another’s

property or money by a person to whom it has property or money by a person to whom it has been entrustedbeen entrusted

Vicarious Criminal LiabilityVicarious Criminal LiabilitySubstituted Criminal LiabilitySubstituted Criminal Liability

Boss or owner could be held accountable for your Boss or owner could be held accountable for your acts/dutyacts/duty

Criminal Intent Criminal Intent

Old lawsOld lawsChildren under the age of 7 were considered Children under the age of 7 were considered

to be below the age of reason.to be below the age of reason.Young Adults over the age of 14 are Young Adults over the age of 14 are

presumed to know the difference between presumed to know the difference between right and wrong.right and wrong.

New LawsNew Laws7 and above can be punished juvenile 7 and above can be punished juvenile

delinquency.delinquency.

Criminal IntentCriminal Intent

One must have sufficient mental capacity to One must have sufficient mental capacity to know the difference between right and wrongknow the difference between right and wrong

Insane Persons are not held responsible for their Insane Persons are not held responsible for their criminal actscriminal acts

Neither voluntary intoxication nor use of drugs Neither voluntary intoxication nor use of drugs relieves a person from criminal responsibility in relieves a person from criminal responsibility in most circumstancesmost circumstances

Not always does it require criminal intent Not always does it require criminal intent (parking tickets or driving drunk)(parking tickets or driving drunk)

Criminal ConductCriminal Conduct

Crimes against a person (assualt and Crimes against a person (assualt and battery, kidnapping, rape, and murder).battery, kidnapping, rape, and murder).

Crimes against property (theft, robbery, Crimes against property (theft, robbery, and embezzlement).and embezzlement).

Crimes against the government and Crimes against the government and administration of Justice (treason, tax administration of Justice (treason, tax evasion, and perjury).evasion, and perjury).

Criminal ConductCriminal Conduct

Crimes against public peace and order Crimes against public peace and order (rioting, disorderly conduct, and illegal (rioting, disorderly conduct, and illegal speeding).speeding).

Crimes against realty (burglary, arson, and Crimes against realty (burglary, arson, and criminal trespass).criminal trespass).

Crimes against consumers (fraudulent Crimes against consumers (fraudulent sale of securities, violation of pure food sale of securities, violation of pure food and drug laws)and drug laws)

Crimes against decency (bigamy, Crimes against decency (bigamy, obscenity, and prostitution)obscenity, and prostitution)


Murdock was a witness at a civil trial for Murdock was a witness at a civil trial for damages. Before testifying, he took an damages. Before testifying, he took an oath, “to tell the truth, the whole truth, and oath, “to tell the truth, the whole truth, and nothing but the truth,” Nevertheless, while nothing but the truth,” Nevertheless, while being questioned by one of the attorney’s, being questioned by one of the attorney’s, Murdock deliberately lied, hoping to help Murdock deliberately lied, hoping to help the defendant.the defendant.

If this could be proved, could he be If this could be proved, could he be punished for a crime?punished for a crime?

Classification of CrimesClassification of Crimes

FeloniesFeloniesCrime punishable by confinement for more Crime punishable by confinement for more

than a year in a state prison or by fine of more than a year in a state prison or by fine of more than $1000, or both, or even death.than $1000, or both, or even death.

Murder, kidnapping, arson, rape, robbery, Murder, kidnapping, arson, rape, robbery, embezzlement, forgery, theft of large sums, embezzlement, forgery, theft of large sums, and perjury are examplesand perjury are examples

PerjuryPerjuryCrime of lying under oath. Crime of lying under oath.

Classification of CrimesClassification of Crimes

MisdemeanorMisdemeanor Less serious crime.Less serious crime. Punishable by confinement in a county or city jail for Punishable by confinement in a county or city jail for

less that one year, by fine, or both.less that one year, by fine, or both. Disorderly conduct, speedingDisorderly conduct, speeding

InfractionsInfractions Lesser MisdemeanorLesser Misdemeanor

Just finedJust fined Not entitled to a jury trialNot entitled to a jury trial Parking violations or LitteringParking violations or Littering


Officers of six competing cosmetic manufactures Officers of six competing cosmetic manufactures met at a trade convention. All of the officers met at a trade convention. All of the officers agreed to use the same wholesale prices. They agreed to use the same wholesale prices. They also agreed to follow the lead of the biggest also agreed to follow the lead of the biggest company in making future price charges. Each company in making future price charges. Each officer agreed to promote sales by advertising officer agreed to promote sales by advertising only within an assigned geographical region.only within an assigned geographical region.

Were the officers and their companies guilty of Were the officers and their companies guilty of any crime?any crime?

Business Related CrimesBusiness Related Crimes

White-Collar CrimesWhite-Collar Crimes Crimes committed in the Business WorldCrimes committed in the Business World Do not involve force, violence, do not cause injury to Do not involve force, violence, do not cause injury to

people, and do not cause physical damage to people, and do not cause physical damage to property.property.

Evading income tax, defrauding consumers, cheating Evading income tax, defrauding consumers, cheating with false weighing machines, conspiring to fix prices, with false weighing machines, conspiring to fix prices, making false fire insurance and auto insurance making false fire insurance and auto insurance claims, false advertising, bribery, political corruption, claims, false advertising, bribery, political corruption, and embezzlement.and embezzlement.

Usually receive a fine or short sentence.Usually receive a fine or short sentence.


Antitrust LawAntitrust LawCompeting companies may not cooperate in Competing companies may not cooperate in

fixing prices or in dividing sales regions, fixing prices or in dividing sales regions, demand competing with others.demand competing with others.

LarcenyLarcenyTheftTheftWrongful taking of money or personal Wrongful taking of money or personal

property belonging to someone else, with property belonging to someone else, with intent to deprive the owner of processionsintent to deprive the owner of processionsRobbery and BurglaryRobbery and BurglaryOften a felony or misdemeanorOften a felony or misdemeanor


Receiving Stolen PropertyReceiving Stolen PropertyWith intent to deprive the rightful owner of the With intent to deprive the rightful owner of the

property.property.One who receives stole property is known as One who receives stole property is known as

a fencea fenceFalse PretensesFalse Pretenses

One who obtains money or other property by One who obtains money or other property by lying about a past or existing fact is guilty of lying about a past or existing fact is guilty of this.this.

Type of fraudType of fraud


ForgeryForgery Is falsely making or materially altering a Is falsely making or materially altering a

writing to defraud another.writing to defraud another.UnauthorizedUnauthorized

BriberyBriberyUnlawfully offering or giving anything of value Unlawfully offering or giving anything of value

to influence performance of an official.to influence performance of an official.Computer CrimeComputer Crime

No real definitive laws against this, case by No real definitive laws against this, case by case basiscase basis

Business Related CrimesBusiness Related Crimes ExtortionExtortion

BlackmailBlackmail Obtaining money or other property from a person by Obtaining money or other property from a person by

wrongful use of force, fear, or the power of office.wrongful use of force, fear, or the power of office.

ConspiracyConspiracy Agreement between two or more person to commit a Agreement between two or more person to commit a

crime.crime. Crime separate from the crime the parties plan to Crime separate from the crime the parties plan to

commitcommit

ArsonArson Willful and illegal burning of a building.Willful and illegal burning of a building.


Define the elements present in all crimesDefine the elements present in all crimesDescribe crimes that commonly occur in Describe crimes that commonly occur in

the business environmentthe business environment

Section 5.1 QuestionsSection 5.1 Questions

Think About Legal ConceptsThink About Legal ConceptsThink Critically About EvidenceThink Critically About Evidence


Know the rights a person has when Know the rights a person has when arrestedarrested

Recognize a person’s potential criminal Recognize a person’s potential criminal liability for the action of othersliability for the action of others

Understand the justifiability of the common Understand the justifiability of the common defenses to criminal chargesdefenses to criminal charges


A state law makes “hit and run” driving a crime. A state law makes “hit and run” driving a crime. The law requires drivers of motor vehicles The law requires drivers of motor vehicles involved in an accident to stay at the scene, give involved in an accident to stay at the scene, give their names and addresses, and show the their names and addresses, and show the drivers licenses. Barlow, who was arrested for drivers licenses. Barlow, who was arrested for violating this law, claimed that the law was violating this law, claimed that the law was unconstitutional. He said that the law violated his unconstitutional. He said that the law violated his fifth amendment right against self-incrimination.fifth amendment right against self-incrimination.

Is he correct?Is he correct?

Rights and ResponsibilitiesRights and Responsibilities

Rights when arrestedRights when arrested Due ProcessDue Process

Fundamental FairnessFundamental Fairness

Representation by a lawyerRepresentation by a lawyer Right to not testify against oneselfRight to not testify against oneself Right to Cross-Examine witnessesRight to Cross-Examine witnesses Trial by juryTrial by jury

To be convicted of a crimeTo be convicted of a crime Must prove beyond a reasonable doubtMust prove beyond a reasonable doubt Subject to reasonable limitationsSubject to reasonable limitations

Responsibility for the Conduct of Responsibility for the Conduct of OthersOthers

If your involved in any way you too can be If your involved in any way you too can be convicted of the same crimeconvicted of the same crime

Corporations are Vicariously LiableCorporations are Vicariously Liable

Defense to Criminal ChargesDefense to Criminal Charges

RememberRemember ““Proven guilty beyond a reasonable doubt”Proven guilty beyond a reasonable doubt”

DefenseDefenseTwo typesTwo types

ProceduralProceduralSubstantiveSubstantive

Procedural DefenseProcedural Defense

Problems with the way evidence is Problems with the way evidence is obtained or the way the person is arrested, obtained or the way the person is arrested, questioned, tried, or punished.questioned, tried, or punished.

Remember the legal system assumes you Remember the legal system assumes you know all the lawsknow all the laws

Substantive DefenseSubstantive Defense

Disprove, justify, or excuse the alleged Disprove, justify, or excuse the alleged crime.crime.Eyewitness places you somewhere else at the Eyewitness places you somewhere else at the

time of the crimetime of the crimeSelf-defense, Insanity, Immunity.Self-defense, Insanity, Immunity.

Self-defenseSelf-defenseUse of force that appears to be reasonable Use of force that appears to be reasonable

necessary to the victim to prevent death, necessary to the victim to prevent death, bodily harm, rape, kidnapping.bodily harm, rape, kidnapping.

Defense Defense Criminal InsanityCriminal Insanity

Proving that you did not know the difference between Proving that you did not know the difference between right and wrong.right and wrong.

ImmunityImmunity Freedom from prosecution even when one has Freedom from prosecution even when one has

committed the crime.committed the crime. Exchanged for guilty plea.Exchanged for guilty plea.

Contempt of CourtContempt of Court Action that hinders the administration of justiceAction that hinders the administration of justice

Plea BargainingPlea Bargaining Agree to plead guilty to a less serious crime in Agree to plead guilty to a less serious crime in

exchange for having a more serious charge dropped.exchange for having a more serious charge dropped.


Know the rights a person has when Know the rights a person has when arrestedarrested

Recognize a person’s potential criminal Recognize a person’s potential criminal liability for the action of othersliability for the action of others

Understand the justifiability of the common Understand the justifiability of the common defenses to criminal chargesdefenses to criminal charges

Section 5 QuestionsSection 5 Questions

Think About Legal ConceptsThink About Legal ConceptsThink Critically About EvidenceThink Critically About EvidenceChapter in ReviewChapter in Review

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chapter 5 crimes

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