Chap 05 Our Criminal laws FOR BUSINESS LAW

THIS IS THE PRESENTATION FOR OUR CRIMINAL LAWS FOR BUSINESS LAW

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Our Criminal Laws
5-15-1Criminal Law
5-25-2Criminal Procedure
CHAPTER 5
Lessons

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Criminal Law
Define the elements present in all crimes
Describe crimes that commonly occur in the
business environment
LESSON 5-1
GOALS

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WHAT ARE CRIMES?
Elements of a crime
Criminal conduct

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ELEMENTS OF A CRIME
Duty
Violation of the duty
Criminal intent

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CRIMINAL CONDUCT
Criminal conduct may be classified as follows:
Crimes against a person
Crimes against property
Crimes against the government and
administration of justice
Crimes against public peace and order
Crimes against realty
Crimes against consumers
Crimes against decency

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EXAMPLES OF CRIMES
AGAINST A PERSON
Assault and battery
Kidnapping
Murder
Rape

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EXAMPLES OF CRIMES
AGAINST PROPERTY
Embezzlement
Theft
Robbery

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EXAMPLES OF CRIMES
AGAINST THE GOVERNMENT
AND ADMINISTRATION OF JUSTICE
Perjury
Tax evasion
Treason

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EXAMPLES OF CRIMES AGAINST
PUBLIC PEACE AND ORDER
Disorderly conduct
Illegal speeding
Rioting

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EXAMPLES OF CRIMES
AGAINST REALTY
Arson
Burglary
Criminal trespass

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EXAMPLES OF CRIMES
AGAINST CONSUMERS
Fraudulent sale of securities
Violation of pure food and drug laws

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EXAMPLES OF CRIMES
AGAINST DECENCY
Bigamy
Obscenity
Prostitution

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CLASSIFICATION
OF CRIMES
Felony
Misdemeanor

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FELONY
A felony is a crime punishable by
confinement for more than a year in a
state prison or by a fine of more than
$1,000, or both—or even death.

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EXAMPLES OF FELONIES
Arson
Burglary
Embezzlement
Forgery
Kidnapping
Murder
Perjury
Rape
Robbery
Theft of large sums

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MISDEMEANOR
A misdemeanor is a less serious
crime. It is usually punishable by
confinement in a county or city jail for
less than one year, by fine, or both.
Examples of misdemeanors include
disorderly conduct and speeding

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INFRACTION
Some states classify lesser
misdemeanors as infractions.
A person convicted of an infraction can
only be fined.
Because there is no risk of being jailed,
the defendant is not entitled to a jury trial.
Examples include littering and parking
violations.

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BUSINESS-RELATED CRIMES
Larceny
Receiving stolen
property
False pretenses
Forgery
Bribery
Computer crime
Extortion
Conspiracy
Arson

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Criminal Procedure
Know the rights a person has when arrested
Recognize a person’s potential criminal liability
for the actions of others
Understand the justifiability of the common
defenses to criminal charges
LESSON 5-2
GOALS

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RIGHTS AND
RESPONSIBILITIES
Rights when arrested
Due process
Representation by a lawyer
Responsibility for the criminal conduct
of others

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DEFENSES TO
CRIMINAL CHARGES
Procedural defenses
Substantive defenses

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PUNISHMENTS
FOR CRIMES
A penalty provided by law and imposed
by a court is called a punishment.
The purpose is not to remedy the wrong
but rather to discipline the wrongdoer.

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PLEA BARGAINING
Plea bargaining is when an accused
person agrees to plead guilty to a less
serious crime in exchange for having a
more serious charge dropped.
When plea bargaining the accused
gives up the right to a public trial to
avoid the risk of greater penalty if
convicted.