Ch 13 Class Notes

Question 0

Punishments

Answer 0

Fines, jail, community service

Question 1

Criminal law

Answer 1

Government forces statue law against individual

Question 2

Criminal law: state of proof for criminal cases

Answer 2

Beyond a reasonable doubt

Question 3

Are criminal cases carried out swiftly?

Answer 3

Yes

Question 4

Actus Rea

Answer 4

Perform a guilty act

Question 5

Mens Rea

Answer 5

Guilty mind/intent

Question 6

When is someone found guilty for fraud

Answer 6

Intent to defraud and acts on it

Question 7

Most common defense for fraud?

Answer 7

Negligence: it wasn’t intentional

Question 8

3 main classifications of crime, how long a prison sentence is served in the less severe categories?

Answer 8

1 felonies

2 misdemeanors (under 5 years)

3 summary offenses (under 90 days)

Question 9

4 types of felonies and their sentences?

Answer 9

1 capital (death/life without parole)
2 first degree felonies (life)
3 2nd degree felonies (10 years)
4 3rd degree felonies (5 years)

Question 10

Consent

Answer 10

Giving up 4th Ammendment

Question 11

Terry patdown

Answer 11

If someone’s armed don’t need probable cause

Question 12

2 things someone can be arrested for

Answer 12

1 felony

2 crime committed in presence of police

Question 13

Does having a highway check point established by the city of Indianapolis for the discovery of illegal narcotics violate the 4th Ammendment of unreasonable search and seizure?

Answer 13

Ruled at time it wasn’t sufficient to have these searches

However special needs have been expanded since ruling

Question 14

Special needs search, examples

Answer 14

Other stops are ok because designed to serve special
Needs beyond normal need for law enforcement

Ex. Immigration controls or DUI

Question 15

Burgers junkyard has stolen auto parts. What do the police need to search it?

Answer 15

Warrant with probable cause

Question 16

3 exceptions to 4th amendment

Answer 16

1 reasonable suspicion

2 special needs beyond scope of law enforcement (regulating)
Specific activities

3 officer’s affidavit in court to get search warrant

Question 17

Reasonable suspicion examples

Answer 17

Hot pursuit, have weapon, belief evidence is being destroyed

Question 18

3 guidelines under the 5th Ammendment

Answer 18

1 self-incrimination
2 due process
3 double jeopardy

Question 19

Self incrimination

2) what can it be seen as?

Answer 19

Have right to not testify against yourself

2) can be seen as admission of guilt

Question 20

Due process

Answer 20

Conduct investigation

Inform them what they’re being investigated for

Question 21

Double jeopardy

Answer 21

Can’t go after the same person for same crime twice

If they’ve already been prosecuted

Question 22

What does the 5th Ammendment not protect?

Answer 22

Doesn’t protect against handing over documents

Question 23

If an attorney files “motion to suppress”

2) what can it be used in

Answer 23

Anything from unreasonable search and seizure can’t be
used in criminal cases

2) can be used in civil cases

Question 24

Procedural protections: exclusionary rule

Answer 24

Evidence obtained in violation of 4th, 5th and 6th | Ammendments can't be used against defendant

Question 25

Miranda Rule, requirements (am. 5, am. 6)

Answer 25

Required to be said by police to use evidence on date Of arrest AM V: right to remain silent (can be used against defendant) AM VI: right to counsel

Question 26

Why do white collar crimes occur?

Answer 26

1 not personal 2 lack of regulation 3 human nature to be deceptive

Question 27

Securities fraud

Answer 27

Insider trading

Question 28

Counterfeiting

Answer 28

Currency of account access fraud

Question 29

Bankruptcy fraud

Answer 29

Debtor hides assets Creditor files false claim

Question 30

6 constitutional protections under the 6th Ammendment

Answer 30

``` 1 speedy trial 2 trial by jury 3 public trial 4 confront witnesses 5 right to counsel 6 right to compulsory process ```

Question 31

6 common white collar crimes

Answer 31

``` 1 conspiracy 2 obstruction of justice 3 false statement to bank 4 false statement to federal agency 5 embezzlement 6 bribery ```

Question 32

Conspiracy

Answer 32

Agreement to commit crime

Question 33

Example of obstruction of justice

Answer 33

Lying

Question 34

Embezzlement

Answer 34

Take property entrusted to you

Question 35

Bribery

Answer 35

Offering value for influence

Question 36

What happens to active participants who decide to withdraw from a conspiracy plan

Answer 36

They are still found guilty for association with any actors | Involved in the conspiracy

Question 37

5 common property crimes affecting business?

Answer 37

``` 1 robbery 2 burglary 3 larceny 4 obtaining goods under false pretenses 5 theft of trade secrets ```

Question 38

Robbery

Answer 38

Use of force/threat of force

Question 39

Burglary

Answer 39

Enter a structure to commit a crime

Question 40

Larceny

Answer 40

Carrying away property of another

Question 41

Example of obtaining goods under false pretenses

Answer 41

Use bad check/credit card

Question 42

Money laundering

Answer 42

Deposit money from criminal activity (dirty) into bank | account of legitimate business

Question 43

Racketeer Influenced & Corrupt Organizations Act (RICO)

Answer 43

One who commits 2 or more specified crimes within 10 Year period is guilty of racketeering, a separate crime in Addition to committed crimes

Question 44

Why was RICO created

Answer 44

To prosecute members of mafia

Question 45

RICO: treble damages

Answer 45

Cover 3 times your damages under civil action

Question 46

Self defense

Answer 46

Reasonable force: all situations Deadly force: only in defense in belief of death or serious Bodily harm

Question 47

Mistake

Answer 47

No intention of mens Rea in crime

Question 48

Entrapment

Answer 48

Law enforcement gets someone to commit something | Unlawful unless already in business of committing crime

Question 49

If arrested, the first thing you want to do is?

Answer 49

Call a lawyer

Question 50

When a boss tells employees in a email to clean up their files, what crimes have been committed? Defense?

Answer 50

1 tampering with evidence: could be conspiracy claim 2 obstruction of justice Defense: doing what boss said

Question 51

Failing to disclose a criminal conviction on a department of defense personnel security questionnaire

Answer 51

Equivalent of defrauding government

Question 52

When the contract says $10K , but the actual costs were $8k and joe and Harry split the $2,000. What crimes are committed?

Answer 52

Conspiracy and larceny

Question 53

If a CEO is charge with negligent homicide for bad safety standards, what is his defense?

Answer 53

Isn't in charge of making those decisions If knowledge if safety standards aren't realized, that shows Willfulness

Question 54

When is a crime not conspiracy?

Answer 54

When only involves 1 person You need more than one person to agree on something