MGMT 3540 1nd Edition Lecture 8 Outline of Last Lecture I Procedural Protections II Stages of Criminal Proceeding Outline of Current Lecture III Substantive Criminal Law IV Crimes related to Business V Defenses to Crimes Current Lecture I Substantive Criminal Law A Two Elements of a Crime 1 Actus Reus the unlawful act 2 Mens Rea the required criminal intent a Example Larceny the taking of the property of another actus reus with the intent to permanently deprive the owner of it mens rea B Four Classifications by punishment 1 Capital Offenses punishable by death 2 Felonies punishable by up to life in prison various classes of felonies 3 Misdemeanors punishable by up to one year in the county jail 4 Infractions punishable by fines only II Crimes Related to Business A Forgery 1 Defined The fraudulent or altering a document to change its legal effect 2 Examples forge a check B Robbery 1 Stealing from someone s person by force or threat of force 2 Examples handing a robber your wallet is still robbery 3 Every robbery is also a larceny These notes represent a detailed interpretation of the professor s lecture GradeBuddy is best used as a supplement to your own notes not as a substitute C Burglary 1 Breaking and entering a building with the intent to commit a crime inside 2 Examples man breaks in steals a stapler and is charged with burglary D Larceny 1 Wrongful taking of another s property with the intent to permanently deprive the owner of it 2 Examples stealing a car E Embezzlement 1 Misappropriating property entrusted to your possession for personal purposes 2 Intent to return property is not a defense 3 Example Lady working at cashier s office embezzled the money being given to the university in order to use it for her F Arson 1 Burning a building of another or burning a building to defraud insurance 2 Example insurance denied for mobile home fire it was his 3rd fire suspected of arson G Money Laundering 1 Using a legitimate business to disguise the source of illegal profits 2 Example restaurant going under you start selling drugs and cover up with restaurant H Bribery 1 Offering money or property to obtain an illegitimate political or commercial advantage 2 Example trying to obtain a competitor s formula illegally III Defenses to Crimes A Mistake 1 A mistake of law is not a defense didn t see speed limit sign 2 A mistake of fact is a defense only if it negates a required criminal intent 3 Examples pick up and took the wrong binder on accident not a crime as long as you can prove it B Consent 1 Consent is a defense any offenses which logically require a lack of consent for criminality 2 Examples rape and stealing 3 Consent is not a defense to murder or to offenses involving seriously bodily injuries C Entrapment 1 The defendant s criminal activity is induced by actions of police rather than the defendant s predisposition to commit a crime D E F G 2 Examples 1 A man uses drugs therefore has a predisposition to sell them 2 Police lies to pharmacist saying his mom has cancer she steals drugs is arrested but is found not guilty Duress 1 A wrongful act threat of immediate danger coerces the crime and danger of the threat is greater than the danger of the crime 2 Examples woman robs a bank because they threaten to kill her this is a valid defense Intoxication 1 Generally NOT a defense to a crime 2 Can be a defense if it negates a required specific mental state 3 Example so drunk that you don t realize you are driving someone else s car Minority 1 Under age fourteen there is a presumption of an inability to form criminal intent 2 Concept being reconsidered especially for violent crimes Justifiable Use of Force 1 Similar to four defenses to assault in battery see Ch 4 section II E