Ch. 4 Flashcards
(34 cards)
Crime
Punishable offense to SOCIETY
Duty
Duty to know the law- conform his or her conduct to o the Law requirements
Violation of Duty
Specific conduct of the defendant that violates the statute
Criminal Intent
Must be proven
1- intended to commit the act
2- intended to do evil
Issues of Corporations
1- corporations can form criminal intent like humans
2- officers of a corporation can be held criminally accountable even if an employee commits the crime
Vicarious(Substituted) criminal Liability
When an office is help accountable for a crime that an employee commits
Related to age
<7- considered incapable of crime
>14- presumed capable of seeing right and wrong- accountable as adults
7-14- ability had to be proved
Juvenile Delinquency
Same as a crime for an adult but for a minor
Sufficient mental Capacity
Ability to make your own choices
Felony
Crime punishable by confinement for more than a year in a state prison or a fine >$1000 or both
Or even death
Misdemeanor
Less serious crime
County or city jail less than a year , by fine or both
Infractions
Lesser misdemeanor
Only be fined
Not entitled to a jury
Ex. Parking ticket
White collar crimes
Offenses in the business world
Larceny(theft)
Wrongful taking of money or personal property
Receiving stolen property
Receiving or buying w/o giving back to owner
Person known as a FENCE
False Pretenses
Obtains money or other property by lying about a past or existing fact
Victim parts with property
FRAUD
Forgery
Falsely making or materially altering a writing to defend another
Felony
Bribery
Unlawful offering or giving anything of value to influence performance of an official
Computer crime
Steeling computer data
Extortion (Black Mail)
Obtaining money or property from a person by force, fear or power of office
Conspiracy
An agreement between two or more persons to commit a crime
Arson
Willful and illegal burning of a building
Rights of the accused
Due process- fairness in government actions
Probable cause
Reasonable ground for believe