Mgmt 354, Notes Chapter 8

Mgmt 354, Notes Chapter 8 - Chapter 8 Criminal Law Crime...

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Chapter 8, Criminal Law Crime- Violation of the law that is punished as an offense against the state or government. Conduct that is prohibited and punished by a government. Misdemeanor- Criminal offense under common law with a sentence of one year or less, that is neither treason nor a felony . Examples are: weighing goods with uninspected scales or operating without a sales tax license. Felony- More serious crimes. Includes serious business crimes such as bribery and embezzlement, which are punishable by confinement in prison under common law for a year or more. Criminal offense that is punishable under common law by confinement in prison for a year or more or that is expressly stated by statute to be a felony. Crime Tort 1. A wrong that arises from a violation of public duty A wrong that arises from a violation of a private duty. 2. A crime is a wrong of such a serious nature that the appropriate level of government steps in to prosecute and punish the wrongdoer to deter others from engaging the same type of conduct. If the crime causes harm to an identifiable person, that person may recover from the wrongdoer for monetary damages to compensate for the harm. 3. For government such an act is a crime The person who experiences the direct harm , the act is – tort If an act is both crime and a tort, government can prosecute and individual who experiences harm may recover damages. Bribery - is the act of illegally giving money, property or any benefit to a particular person to influence that person’s judgment in favor of the giver. Extortion- When a public officer, acting under the apparent authority of the office, makes an illegal demand. Blackmail- is making demands that would be extortion, if made by a public official. Conspiracy- The act required for conspiracy is the act of agreement with another person to commit a felony, plus one overt act by defendant or any member of agreeing group in furtherance of the agreement. Defendant must have the intent to commit the crime. White collar crime- generally considered a business crime. The type of crime is usually committed without physical threats or acts i.e. the crimes that do not use nor threaten to use force or violence or do not cause injury to persons or property. Kidnapping- Kidnapping is the “ knowing” or “intentional” “confinement” or “ removal by fraud, enticement, force or threat of force from one place to another” with: The intent to obtain ransom While hijacking a vehicle The intent to obtain release or aid in escape of person in lawful detention The intent to use a person as shield or hostage . Criminal confinement- Criminal confinement is the “knowing” or “intentional”:
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Confinement of another without his consent , or Removal of another by fraud, enticement, force or threat of force. Classification – Class D Felony
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Mgmt 354, Notes Chapter 8 - Chapter 8 Criminal Law Crime...

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