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Flashcards in Ch 13 Class Notes Deck (55)
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Criminal law

Government forces statue law against individual

1

Punishments

Fines, jail, community service

2

Criminal law: state of proof for criminal cases

Beyond a reasonable doubt

3

Are criminal cases carried out swiftly?

Yes

4

Actus Rea

Perform a guilty act

5

Mens Rea

Guilty mind/intent

6

When is someone found guilty for fraud

Intent to defraud and acts on it

7

Most common defense for fraud?

Negligence: it wasn't intentional

8

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

1 felonies

2 misdemeanors (under 5 years)

3 summary offenses (under 90 days)

9

4 types of felonies and their sentences?

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

10

Consent

Giving up 4th Ammendment

11

Terry patdown

If someone's armed don't need probable cause

12

2 things someone can be arrested for

1 felony

2 crime committed in presence of police

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?

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

However special needs have been expanded since ruling

14

Special needs search, examples

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

Ex. Immigration controls or DUI

15

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

Warrant with probable cause

16

3 exceptions to 4th amendment

1 reasonable suspicion

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

3 officer's affidavit in court to get search warrant

17

Reasonable suspicion examples

Hot pursuit, have weapon, belief evidence is being destroyed

18

3 guidelines under the 5th Ammendment

1 self-incrimination
2 due process
3 double jeopardy

19

Self incrimination

2) what can it be seen as?

Have right to not testify against yourself

2) can be seen as admission of guilt

20

Due process

Conduct investigation

Inform them what they're being investigated for

21

Double jeopardy

Can't go after the same person for same crime twice
If they've already been prosecuted

22

What does the 5th Ammendment not protect?

Doesn't protect against handing over documents

23

If an attorney files "motion to suppress"

2) what can it be used in

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

2) can be used in civil cases

24

Procedural protections: exclusionary rule

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

25

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

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

26

Why do white collar crimes occur?

1 not personal

2 lack of regulation

3 human nature to be deceptive

27

Securities fraud

Insider trading

28

Counterfeiting

Currency of account access fraud

29

Bankruptcy fraud

Debtor hides assets

Creditor files false claim

30

6 constitutional protections under the 6th Ammendment

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

31

6 common white collar crimes

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

32

Conspiracy

Agreement to commit crime

33

Example of obstruction of justice

Lying

34

Embezzlement

Take property entrusted to you

35

Bribery

Offering value for influence

36

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

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

37

5 common property crimes affecting business?

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

38

Robbery

Use of force/threat of force

39

Burglary

Enter a structure to commit a crime

40

Larceny

Carrying away property of another

41

Example of obtaining goods under false pretenses

Use bad check/credit card

42

Money laundering

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

43

Racketeer Influenced & Corrupt Organizations Act (RICO)

One who commits 2 or more specified crimes within 10
Year period is guilty of racketeering,

a separate crime in Addition to committed crimes

44

Why was RICO created

To prosecute members of mafia

45

RICO: treble damages

Cover 3 times your damages under civil action

46

Self defense

Reasonable force: all situations

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

47

Mistake

No intention of mens Rea in crime

48

Entrapment

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

49

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

Call a lawyer

50

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

1 tampering with evidence: could be conspiracy claim

2 obstruction of justice

Defense: doing what boss said

51

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

Equivalent of defrauding government

52

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

Conspiracy and larceny

53

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

Isn't in charge of making those decisions

If knowledge if safety standards aren't realized, that shows
Willfulness

54

When is a crime not conspiracy?

When only involves 1 person

You need more than one person to agree on something