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Published byHoratio Collins Modified over 9 years ago
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Section 4-1 Define elements present in all crimes Describe crimes that commonly occur in the business environment
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Elements of a Crime Duty To do or not to do a certain thing as per the state statute Violation of the Duty Specific conduct (act or omission) that violates the statute (criminal act itself) Breach of duty Criminal Intent *in most cases Intended to commit the act Intended to do evil
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Criminal Intent for Corporations They can form criminal intent the way humans can if: Employees were doing their assigned duties and the corporation benefited Officers can be held criminally liable Doctrine of vicarious criminal liability
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Other Criminal Intent Points: Must have sufficient mental capacity to know the difference between right and wrong. Insane Most (*) states fix the age of criminal liability at 18 Voluntary intoxication and/or drug use does NOT relieve you from criminal liability Extreme carelessness
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Crime Classification By conduct – who or what the crime is against Person Property Government Public Peace Realty Consumers Decency By punishment Felony – punishable by confinement for more than 1 year OR by a fine of more than $1,000 Misdemeanor – Less serious. Punishable by confinement in county or city jail for less than 1 year, by fine, or both Infraction-fines only/no jail time. Not entitle to jury trial because no risk of confinement.
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