MGMT 3540 1nd Edition Lecture 8Outline of Last Lecture I. Procedural ProtectionsII. Stages of Criminal ProceedingOutline of Current Lecture III. Substantive Criminal LawIV. Crimes related to BusinessV. Defenses to CrimesCurrent LectureI. Substantive Criminal LawA. Two Elements of a Crime1. Actus Reus – the unlawful act2. Mens Rea – the required criminal intenta. 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 death2. Felonies – punishable by up to life in prison (various classes of felonies)3. Misdemeanors – punishable by up to one year in the county jail4. Infractions – punishable by fines onlyII. Crimes Related to BusinessA. Forgery1. Defined: The fraudulent or altering a document to change its legal effect2. Examples: forge a checkB. Robbery1. Stealing from someone’s person by force or threat of force2. Examples: handing a robber your wallet is still robbery3. Every robbery is also a larcenyThese 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. Burglary1. Breaking and entering a building with the intent to commit a crime inside2. Examples: man breaks in, steals a stapler, and is charged with burglaryD. Larceny1. Wrongful taking of another’s property with the intent to permanently deprive the owner of it2. Examples: stealing a carE. Embezzlement1. Misappropriating property entrusted to your possession for personal purposes2. Intent to return property is not a defense3. Example: Lady working at cashier’s office embezzled the money being given to the university in order to use it for her. F. Arson1. Burning a building of another or burning a building to defraud insurance2. Example: insurance denied for mobile home fire; it was his 3rd fire; suspected of arsonG. Money Laundering1. Using a legitimate business to disguise the source of illegal profits2. Example: restaurant going under, you start selling drugs and cover up with restaurantH. Bribery1. Offering money or property to obtain an illegitimate political or commercial advantage2. Example: trying to obtain a competitor’s formula illegallyIII. Defenses to CrimesA. Mistake1. 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 intent3. Examples: pick up and took the wrong binder on accident, not a crime as long as you can prove itB. Consent1. Consent is a defense any offenses which logically require a lack of consent for criminality 2. Examples: rape and stealing3. Consent is not a defense to murder or to offenses involving seriously bodily injuriesC. Entrapment1. The defendant’s criminal activity is induced by actions of police rather than the defendant’s predisposition to commit a crime2. 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 guiltyD. Duress1. A wrongful act/threat of immediate danger coerces the crime and danger of the threat is greater than the danger of the crime2. Examples: woman robs a bank because they threaten to kill her – this is a valid defenseE. Intoxication1. Generally NOT a defense to a crime2. Can be a defense if it negates a required specific mental state3. Example: so drunk that you don’t realize you are driving someone else’s carF. Minority1. Under age fourteen there is a presumption of an inability to form criminal intent2. Concept being reconsidered, especially for violent crimesG. Justifiable Use of Force1. Similar to four defenses to assault in battery (see Ch.4, section