Criminals actions violated a criminal statute The defendant actually committed

Criminals actions violated a criminal statute the

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Criminal’s actions violated a criminal statute The defendant actually committed the act, didn’t just think about it, taking a step towards it counts too Actus reus- guilty act, must be voluntary and must be an act of commission rather than omission usually The defendant intended to violate the law, must have a “guilty mind,” Intent element- normally do not throw people in jail when they did not intend to do something bad, or are just negligent
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How do you define intent?
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oCorporations can be held criminally liable for any acts performed by an employee if that employee is acting within the scope of his/her authority for the purpose of benefitting the corporation oInsider Trading:trading on secret information when you’re not supposed to, 20 years in jail, $10 million fine, it is unlawful to use or employ in connection with the purchase/sale of any security any manipulative or deceptive device in contravention of such rules as the SEC may prescribeHave to prove 5 things:1.Defendant bought/sold securities (stock)2.They knew they were doing something wrong, with intent (scienter)3.Did purchase on basis of4.aterial, non public information
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  • Spring '08
  • BREDESON
  • Law, Government, Speak, Supreme Court of the United States, U.S Supreme court

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