ch 9 blaw - CLASSIFICATION OF CRIMES Crime A wrong against...

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CLASSIFICATION OF CRIMES Crime: A wrong against society, defined in a statute and punishable by fines, imprisonment, or – in rare cases – death. Depending on their degree of seriousness, crimes are classified as felonies or misdemeanors . Felony: A crime – such as murder, rape, or robbery – that carries the most severe sanction, ranging from one or more year(s) in prison to forfeiture of one’s life. Misdemeanor: A lesser crime – such as disorderly conduct, trespass, or petty theft – punishable by a fine or imprisonment for up to one year. Petty Offense: A subset of misdemeanor, comprised of the least serious criminal offenses, such as traffic violations and jaywalking. Ch. 9: Criminal Law and Cyber Crimes - No. 1 Clarkson et al.’s Business Law (11th ed.)
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CRIMINAL LIABILITY Requisites: A person may not be criminally liable unless she (1) performed some prohibited act (or failed to perform some legally required act) (2) with a specified state of mind or intent . Absent the requisite mens rea , which varies from crime to crime, there can be no criminal liability, even for what seem to be the most heinous acts. Burden of Proof: Because criminal liability carries harsher penalties than civil liability, and because the State has many more resources at its disposal in prosecuting a crime than the typical criminal defendant has at her disposal, the State must prove the alleged criminal’s guilt of the crime beyond a reasonable doubt . By contrast, a civil plaintiff suing the same defendant need only prove the defendant’s civil liability by a preponderance of the evidence (meaning only that it is more likely than not that the defendant’s acts or omissions caused the civil wrong). Some criminal acts also provide a basis for civil liability .
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CORPORATE CRIMINAL LIABILITY A corporation may be criminally liable if: (1) an agent or employee of the corporation (a) commits a criminal act within the scope of her employment and (b) the criminal act violates a statute whose purpose is to impose liability on the corporation; or (2) the crime consists of a failure to perform a specific duty imposed on the corporation by law ; or (3) the crime was authorized, requested, commanded, committed, or recklessly tolerated by a “high managerial agent.” A corporate officer or director may be criminally liable for (1) her own criminal acts, regardless of whether she committed them for her own benefit or the benefit of the corporation, as well as (2) crimes committed by those under her supervision . Under the responsible corporate officer doctrine, a corporate officer may be criminally liable even if she
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did not participate in, direct, or even know of the criminal violation .
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CRIMES OF THEFT Robbery: Forcefully and unlawfully taking personal property of any value from another; force or threat of force is typically required for an act of theft to be treated as robbery. Aggravated Robbery
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ch 9 blaw - CLASSIFICATION OF CRIMES Crime A wrong against...

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