Review 1 Section 5

Question 1

Elements of Criminal Liability

Answer 1

“Actus Reus”—Wrongful behavior (guilty act)

“Mens Rea”—Wrongful state of mind, such as purpose, knowledge, recklessness, or negligence (guilty mind)

Question 2

Classifications of Crime

Answer 2

Felonies - Serious crimes punishable by imprisonment for greater than one year, or death
Misdemeanors—Less serious crimes punishable by fines, or imprisonment for less than one year
Petty Offenses—Minor misdemeanors punishable by small fines or short jail sentences

Question 3

Property Crimes

Answer 3

Robbery - The action of taking property unlawfully from a person or place by force or threat of force.
Burglary - Entry into a building illegally with intent to commit a crime, especially theft. Breaking and entering
Larceny - Theft of personal property.
Arson - The criminal act of deliberately setting fire to property.

Question 4

“White Collar” Crimes

Answer 4

Bribery – This occurs only when someone tries to alter an alternative through government help. Government only.
Extortion - The gaining of property or money by almost any kind of force or threat of violence, property damage, harm to reputation, or unfavorable government action
Fraud - Always includes a false statement, misrepresentation or deceitful conduct.
Embezzlement - Embezzlement is the fraudulent appropriation of property by a person to whom such property has been entrusted, or into whose hands it has lawfully come.
Computer Crimes - This type of crime includes instances where a person physically accesses someone else’s computer, gains access electronically, or uses a virus to gain access.

Question 5

Fraud and related crimes

Answer 5

Mail Fraud, Health Care Fraud, Telemarketing Fraud, “Ponzi Schemes”, Check “Kiting”, “Pretexting”, Mortgage and Real Estate Fraud, Forgery, Defalcation, False Entries, False Token, False Pretenses, Fraudulent Concealment

Question 6

Defenses

Answer 6

Infancy - the condition of being a minor.
Mistake -
Intoxication - A state in which a person’s normal capacity to act or reason is inhibited by alcohol or drugs.
Insanity - In simple words, legal insanity means, at the time of the commission of the act, the person should be suffering from mental illness and also have a loss of reasoning power.
Duress - Refers to a situation whereby a person performs an act as a result of violence, threat, or other pressure against the person.
Entrapment - Entrapment is a defense to criminal charges on the basis that the defendant only committed the crime because of harassment or coercion by a government official. Government people only.
Necessity - A defense that permits a person to act in a criminal manner when an emergency situation, not of the person’s own creation compels the person to act in a criminal manner to avoid greater harm from occurring.
Justifiable Use of Force

Question 7

Due Process

Answer 7

Due process is the legal requirement that the state must respect all legal rights that are owed to a person. Due process balances the power of law of the land and protects the individual person from it.

Question 8

Exclusionary Rule

Answer 8

All evidence obtained in violation of the Fourth, Fifth and Sixth Amendments is not admissible in court

Question 9

Miranda

Answer 9

“You have the right to remain silent and refuse to answer any questions”
“Anything you say may be used against you in a court of law”
“You have the right to consult an attorney before speaking to the police and have an attorney present during any questioning now or in the future”
“If you cannot afford an attorney, one will be appointed for you before the questioning begins”
“If you do not have an attorney available, you have the right to remain silent until you have had an opportunity to consult with one”
“Now that I have advised you of your rights, are you willing to answer any questions without an attorney present?”