MGMT 35400 Chapter Notes - Chapter 7: Scienter, Actus Reus, Misdemeanor
3 Feb 2019
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Society sets certain standards of conduct and punishes a breach of those standards as a crime. Crime-conduct that is prohibited and punished by a government. Classified as common law or statutory according to origins. Misdemeanors-offenses punishable by less than 1 year in prison. Felonies-more serious and are punishable for more than a year in prison. An act can be a felony in one state and a misdemeanor in another. Harm may occur but not an essential element. Mental state, scienter, intent does not require an awareness or knowledge of guilt. In most crimes, the voluntary commission of the act is sufficient for proving mental state. Ignorance that a law is broken doesn"t mental state isn"t there. Specific statutes define the conduct, or actus reus, that when coupled with sufficient mental state, constitutes a crime. If someone doesn"t commit the crime, they can still be held criminally responsible for acts committed by others. Corporations are responsible for acts of there employees.
