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CHAPTER 8
MGMT 455 Purdue University
42
Law
Undergraduate 4
03/06/2012

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Term
Crime
Definition
Violation of the law that is punished as an offense against the state or government, or conduct that is prohibited and punished by a government
Term
Misdemeanor
Definition
Criminal offense with a sentence of less than one year that is neither treason nor a felony, examples are: weighing goods with uninspected scales or operating without a sales tax license
Term
Felony
Definition
Criminal offense that is punishable by confinement in prison for more than one year or by death, or that is expressly stated by the statue to be a felony More serious crimes that 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 bystatute to be a felony.
Term
Federal Sentencing Guidelines
Definition
Federal standards used by judges in determining mandatory sentence terms for those convicted of federal crimes
Term
White-Collar Crime Penalty Act of 2002
Definition
Federal reforms passes as a result of the collapses of companies such as Enron; provides for longer sentences and higher fines for both executives and companies
Term
White-Collar Crimes
Definition
Crimes that do not use nor threaten to use force or violence or do not cause injury to persons or property
Term
Conspiracy
Definition
Agreement between two or more persons to commit an unlawful act
Term
Forgery
Definition
Fraudulently making or altering an instrument that apparently creates or alters a legal liability of another
Term
Facilitation payments
Definition
(Grease payments) legal payments to speed up or ensure performance of normal government duties
Term
Grease Payments
Definition
(Facilitation payments) legal payments to speed up or ensure performance of normal government duties
Term
Foreign Corrupt Practices Act (FCPA)
Definition
Federal law that makes it a felony to influence decisions makers in other countries for the purpose of obtaining business, such as contracts for sales and services; also imposes financial reporting requirements on certain U.S. corporations
Term
Blackmail
Definition
Extortion demands made by a nonpublic official
Term
Racketeer Influenced and Corrupt Organizations (RICO) Act
Definition
Federal law, initially targeting organized crime, that has expanded in scope and provides penalties and civil recovery for multiple criminal offenses, or a pattern of racketeering
Term
Extortion
Definition
Illegal demand by a public officer acting with
Term
Predicate Act
Definition
Qualifying underlying offense for RICO liability
apparent authority
Term
Uttering
Definition
Crime of issuing or delivering a forged instrument to another person
Term
Fifth Amendment
Definition
Constitutional protection against self-incrimination; also guarantees due process
Term
Search Warrant
Definition
Judicial authorization for a search of property where there is the expectation of privacy
Term
Fourth Amendment
Definition
Privacy protection in the U.S. Constitution; prohibits unauthorized searches and seizures
Term
Economic Espionage Act (EEA)
Definition
Federal law that makes it a felony to copy, download, transmit, or in any way transfer proprietary files, documents, and information from a computer to an unauthorized person
Term
Computer Crimes
Definition
Wrongs committed using a computer or with knowledge of computers
Term
Embezzlement
Definition
Statutory offense consisting of the unlawful conversion of property entrusted to the wrongdoer
Term
Miranda Warnings
Definition
Warnings required to prevent self-incrimination in a criminal matter
Term
Robbery
Definition
Common law aspect that it is taking property from somebody by force or threat of force. Some sovereigns takes it little further. It has enough that the act is done in the presence of a person, so it is knowingly or intentional and not accidentally taking the property from another person or from their presence ( and you can also have force or threat of force). So, if a person threaten a victim and tells the victim to give his pen or he will stab him. If a person snatches the pen out of victims hand, this is enough to be robbery. The presence of vicim was sufficient to consider this act as robbery. So, an example of a mugger, grabbing somebody’s purse, we have a higher level offense for this type of crime – why? because person could be injured where as in Larceny the person isn’t around. Common law aspect of Larceny example – if you leave the class during the break and then come back and see that your textbook is gone – larceny. But if a person tries to grab the book out of your hand and then you try to resist then somebody can get injured in this situation, then‐‐ robbery
Term
Larceny
Definition
Is just stealing someone else’s property
Term
Theft
Definition
Receiving of stolen property. For higher level of offenses, we need to know knowingly or intentional aspect, not just that you did it. Also, this type of theft that we mentioned is class D felony.
Term
Criminal confinement
Definition
Criminal confinement is the “knowing” or “intentional”: Confinement of another without his consent, or Removal of another by fraud, enticement, force or threat of force. Classification – Class D Felony It becomes Class C Felony if victim is under 14 and not the actor’s child. It becomes a Class B Felony if committed while armed with a deadly weapon.
Term
Kidnapping
Definition
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, or the intent to use a person as shield or hostage
Term
White collar crime
Definition
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
Term
Conspiracy
Definition
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
Term
Blackmail
Definition
Is making demands that would be extortion, if made by a public official
Term
Extortion
Definition
When a public officer, acting under the apparent authority of the office, makes an illegal demand.
Term
Bribery
Definition
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
Term
Sixth Amendment
Definition
The U.S. constitutional amendment that guarantees a speedy trial
Term
Due Process
Definition
The constitutional right to be heard, question witnesses and present evidence
Term
Murder
Definition
What is murder? Killing another human being without any excuse or justification. What could be an excuse? Self‐defense or acts of war. According to statute a person who knowingly or intentionally kills another human being is a murder. Some sovereigns require (even though the statute doesn’t say it) the murder to be pre‐meditated, i.e. the killing of another human being without any excuses or reason or justification should be premeditated to be considered as a murder
Term
Assault
Definition
An assault is intentional conduct that threatens a person with a well‐founded fear of imminent harm coupled with the present ability to carry out the threat of harm. Angry assertion along with aggressive movement in the direction of the victim with the intent to carry out the threat is an assault. Mere words, however, although insulting, are ordinarily insufficient to constitute an assault.
Term
Battery
Definition
Criminal battery. A person touching another person knowingly or intentionally in a rude, angry or insolent way may be considered battery. What is insolent? Disrespectful. Battery – usually hitting somebody. Does it have to be always that? No. Example of the throwing of a knife and stabbing a victim– battery ? Yes. Person shooting the victim. The bullet hitting the victim is a battery. If the person died, it could be a murder or involuntary manslaughter
Term
Criminal trespassing
Definition
Not having a contractual interest in the property, knowingly or intentionally enters into the real property of another person. What’s real property? Land and anything attached to it for its reasonable life.
Term
Involuntary manslaughter
Definition
Accidental killing of another human being, lower level of offense – mostly when a driver in a vehicle hits a pedestrian or hits another car and kills the person in that car. A prosecutor could charge them with involuntary manslaughter.
Term
Voluntary manslaughter
Definition
(some sovereigns might call it 2nd degree murder or voluntary homicide) It is still knowingly and intentional killing of other human being. It is not accidental. Some sovereigns charge this criminal offense when there is no premeditation. The term heat of passion or sudden heat are used.
Term
Premeditated
Definition
Knowingly and intentional – that’s murder – some sovereigns might call it first degree murder.
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