Chapter 8 - Crimes - Chapter 8 Crimes I. General Principles...

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Chapter 8 – Crimes I. General Principles a. Nature and Classification of Crimes i. Crime: 1. Conduct that is prohibited and punished by a government a. Classified as common law or statutory according to their origin 2. Misdemeanors: a. Offenses punishable by less than one year in prison i. Weighing goods with uninspected scales, operating without a sales tax license, etc. 3. Felonies: a. Punishable by confinement in prison for more than one year i. Bribery, embezzlement, etc. ii. An act may be a felony in one state and a misdemeanor in another b. Basis of Criminal Liability i. Crime consists of two elements: 1. Mental State: a. Also known as intent, does not require an awareness or knowledge of guilt i. Voluntary commission of the act is sufficient for proving mental state in most crimes 1. Ignorance that a law is being broken does not mean there is not mental state 2. Act or Omission: a. Specific statutes define conduct that, when coupled with sufficient mental state, constitutes a crime c. Responsibility for Criminal Acts
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i. Corporate Liability: 1. Corporations are held responsible for the acts of their employees a. Also be held liable for crimes based on the failure of its employees to act ii. Officers and Agents of Corporations: 1. One main difference between nonbusiness and business crimes is that more people in a company can be convicted for the same business crime a. For nonbusiness crimes only those who are actually involved in the act itself can be convicted iii. Penalty for Crime: Forfeiture 1. When a defendant is convicted of a crime, the court may also declare that the defendant’s rights in any property used or gained from a crime be confiscated a. In effect it’s an increased penalty for the crime iv. Penalties for Business and White-Collar Crimes: 1. To fine corporations, statutes and courts apply percentage of revenue penalties a. There is also the requirement for mandatory prison sentences for officers and directors who are convicted of crimes committed as they led their corporations 2. If the managers of a company are involved and working to prevent criminal misconduct in the company and a crime occurs, the guidelines permit sentence reductions for the managers’ efforts a. Vice-versa for bad managers 3. Federal Sentencing Guidelines: a. Apply to federal crimes such as securities fraud, antitrust violations, racketeering, theft (embezzlement), Medicare fraud, etc.
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i. Permit a judge to place a guilty company on probation, with the length of the probation controlled by whether the company had prevention programs in place v. Sarbanes-Oxley Reforms to Criminal Penalties: 1. White-Collar Crime Penalty Enhancement Act of 2002 a. Increases penalties substantially in both prison sentences and fines d. Indemnification of Crime Victims i. Victims of Crime Act of 1984 1. Creates a federal Crime Victims Fund
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This note was uploaded on 04/24/2011 for the course MGMT 354 taught by Professor Staff during the Spring '08 term at Purdue University-West Lafayette.

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Chapter 8 - Crimes - Chapter 8 Crimes I. General Principles...

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