Week 5 Discussion Questions
LAW/421
University of Phoenix
2014
All documents that I have uploaded were for classes taken in 2013 or newer. I received an "A-" or BETTER in every class. Use this as a STUDY GUIDE and DO NOT submit them as your own. This document contains substantive answers to all of the Week 5 discussion questions from LAW 421 and the discussion questions are as follows:
Discussion Question 1:
What are the elements of a crime? What are some examples of crimes that do not require scienter? What constitutes criminal conduct according to the Racketeer Influenced and Corrupt Organizations Act (1970)? What are the consequences of engaging in these activities? Provide examples.
Discussion Question 2:
Section 22-5, “White-Collar Crime,” in Ch. 22 addresses several forms of white-collar crime including that of the Ponzi scheme. Also in that section is a “Business Ethics Perspective” vignette titled “Epic Fraud: Bernie Madoff’s Multibillion-Dollar Ponzi Scheme.” What does this example tell you about business ethics and the need for criminal penalties in order to regulate business?
DQ 1 Answer:
What are the elements of a crime?
There are four 4 elements of a crime:
Intent - legal phrase that indicates a guilty mind or wrongful purpose to carry out an offense
Conduct - The way in which a person functions, mainly during a specific time or in a specific situation.
Concurrence - 2 Kinds of Concurrence in Criminal Law:
1. Temporal Concurrence - the actus reus and means re occur simultaneously.
2. Motivational Concurrence - means re encourages the actus reus.
Causation
1. The activity of triggering something
2. The connection between cause and result; causality
What are some examples of crimes that do not require scienter?
An example of scienter would be an armed thief having the intention of robbing the establishment for cash, but in the process somebody is murdered.
What constitutes criminal conduct according to the Racketeer...