Week 5 Discussion Question

Topics: Crimes, Criminal law, Fraud Pages: 2 (312 words) Published: October 20, 2012
What are the elements of a crime?
There are four elements of crime:
1. Intent
2. Conduct
3. Concurrence
a. Temporal Concurrence
b. Motivational Concurrence
4. Causation 

What are some examples of crimes that do not require scienter?  According to TheFreeDictionary (2008), “Scienter is knowledge by a defendant that his/her acts were illegal or his/her statements were lies and thus fraudulent” (para. 1). An example is an armed robbery or murder by a suspect who premeditates the crime. 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. Some examples consist of bribery, counterfeiting, embezzlement, identity theft, mail and wire fraud, obstruction of justice, obstruction of criminal investigation, and witness tampering. There is severe punishment for violating the RICO act. If one gets convicted, he or she may face jail time or accumulate a fine, or both. In addition, the defendant surrenders any property that represents the racketeering activity. Furthermore, RICO contains civil stipulations that enable individuals who have been hurt by a RICO defendant to take the suspect to civil court. What are some examples of ethical decision making that occur in your past or present job or industry?  One example of ethical decision making that occurred in a past job is the administrator dishing out bonus checks issued by the state. Rather than the administrator giving individuals their bonus checks, she opted to keep them for personal usage. This ethical decision displays greed.

What are some of the challenges to business ethics faced in today’s business environment? Provide examples.
Businesses face ethical challenges on a daily basis. For instance, who and how they hire due to ethnicity and background. Promotions are another challenge. People get promotions because of sexual favors, kissing up, etc....
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