Chapter 10

Question 1

Crime

Answer 1

A wrong against society proclaimed in a statute and punishable by society through fines or imprisonment or death

Question 2

Who brings this suit

Answer 2

Civil: person who suffered harm
Criminal: the state

Question 3

wrongful act

Answer 3

Civil: causing harm to a person or to a persons property
Criminal: violating a statute that prohibits some type of activity

Question 4

Burden of proof

Answer 4

Civil: preponderance of the evidence
Criminal: beyond a reasonable doubt

Question 5

Verdict

Answer 5

Civil: three-fourths majority
Criminal: unanimous

Question 6

Remedy:

Answer 6

Civil: damages to compensate for the harm
Criminal: punishment

Question 7

Beyond a reasonable doubt

Answer 7

The standard used to determine the guilt or innocence of a person
- must be proved guilty beyond a reasonable doubt

Question 8

Felonies

Answer 8

A crime such as arson, murder, rape, or robbery– that carries the most severe sanctions usually ranging from one year in a state or federal prison to the forfeiture of ones life

Question 9

Misdemeanors

Answer 9

A lesser crime than a felony, punishable by a fine or imprisonment for up to one year in other than a state or federal prison

Question 10

Petty offenses

Answer 10

The least serious kind of crime such as traffic or building code violations

Question 11

What must exist for a person to be convicted of a crime

Answer 11

1. The performance of a prohibited act (actus reus)

2. A specified state of mind, or intent on th to part of the actor (mens rea)

Question 12

actus reus

Answer 12

A guilty (prohibited) act.

Question 13

Mens rea

Answer 13

A wrongful mental state

• criminal intent
• recklessness
• criminal negligence

Question 14

strict liability crimes

Answer 14

Offenses that do not require a wrongful mental state

- environmental laws, illegal drugs, etc

Question 15

Types of crimes

Answer 15

Violent crimes, property crimes, public order crimes, white collar crime, organized crime

Question 16

Robbery

Answer 16

The act of forcefully and unlawfully taking personal property of any value from another; force or intimidation is usually necessary

Question 17

aggravated robbery

Answer 17

With the use of a deadly weapon

Question 18

Violent crimes

Answer 18

Murder
Robbery
Etc

Question 19

Property crimes

Answer 19

Burglary
Larceny 
Obtaining goods with false pretenses
Receiving stolen goods
Arson
Forgery

Question 20

Burglary

Answer 20

The unlawful entry into a building with the intent to commit a felony

Question 21

Larceny

Answer 21

The wrongful taking and carrying away of another persons personal property with the intent to permanently deprive the owner of the property
- stealing or theft without force or fear

Question 22

Arson

Answer 22

The willful and malicious burning of property

Question 23

Forgery

Answer 23

The fraudulent making or altering of any writing in a way that changes the legal rights and liabilities of another
- changing trademarks, falsifying public records, counterfeiting, altering a legal document

Question 24

Public order crime

Answer 24

“Victimless crimes”

- public drunkenness, prostitution, gambling, illegal drug use

Question 25

White collar crime

Answer 25

No violent crime committed by individuals or corporations to obtain a personal or business advantage

Question 26

Embezzlement

Answer 26

The fraudulent appropriation of money or other property by a person to whom the money or property has been entrusted

Question 27

Money laundering

Answer 27

Falsely reporting income that has been obtained through criminal activity as income obtained through a legitimate business enterprise

Question 28

Self defense

Answer 28

The legally recognized privilege to protect ones self or property against injury by another

Question 29

Necessity

Answer 29

A defense against liability , this defense is justifiable if the harm or evil sought to be avoided by a given action is greater than that sought to be or prevented by the law defining the offense charged

Question 30

Duress

Answer 30

Unlawful pressure brought to bear on a person, causing the person to perform an act that he or she would not otherwise perform - not a defense to murder

Question 31

Entrapment

Answer 31

A defense in which the defendant claims that he or she was induced by a public official - usually an undercover agent or police officer - to commit a crime that he or she would otherwise not have committed

Question 32

Defenses to crimes

Answer 32

``` Justifiable use of force Necessity Insanity Mistake Duress Entrapment ```

Question 33

Plea bargaining

Answer 33

The process by which a criminal defendant and the prosecutor in a criminal case work out a mutually satisfactory disposition of the case, subject to court approval; usually involves the defendants pleading guilty to a lesser offense in return for a lighter sentence

Question 34

Double jeopardy

Answer 34

A situation occurring when a person is tried twice for the same criminal offense; prohibited by the 5th amendment

Question 35

Exclusionary rule

Answer 35

A rule under which any evidence that is obtained in violation of the accused' constitutional rights guaranteed by the 4-6 amendments as well as any evidence derived from illegally obtained evidence will not be admissible in court

Question 36

Exceptions to the Miranda rule

Answer 36

- a defendants statement that reveal the location of a weapon would be admissible under this exception

Question 37

Indictment

Answer 37

A charge by a grand jury that a reasonable basis (probable cause) exists for believing that a crime has been committed and that a trial should be held

Question 38

Grand jury

Answer 38

A group of citizens called to decide, after hearing the states evidence, whether a reasonable basis (probable cause) exists for believing that a crime has been committed and whether a trial ought to be held

Question 39

Information

Answer 39

A formal accusation or complaint (without an indictment) issued in certain types of actions (usually lesser crimes) by a law officer, such as a magistrate

Question 40

Computer crime

Answer 40

Any violation of criminal law that involves knowledge of computer technology for its perpetration, investigation, or prosecution

Question 41

Cyber crime

Answer 41

A crime that occurs online in the virtual community of the internet as opposed to the physical world

Question 42

Cyber fraud

Answer 42

Fraud that involves the online theft of credit card info, banking details, and other information for criminal use

Question 43

Identity theft

Answer 43

The act of stealing another's identifying information such as name, date of birth and social security number and using that information to access the victim's financial resources

Question 44

Phishing

Answer 44

Online fraud in which criminals pretend to be legitimate companies by using emails or malicious web sites that trick individuals and companies into providing useful info such as bank account numbers, social security numbers and credit card numbers

Question 45

Botnets

Answer 45

Short for robot network-- a group of computers that run an application that is controlled and manipulated only by the software source. - a group of computers that have been infected by malicious robot software - each connected computer becomes a zombie or drone

Question 46

Malware

Answer 46

Malicious software programs designed to disrupt or harm a computer, network, smartphone or other device

Question 47

Worm

Answer 47

A type of malware that is designed to copy itself from one computer to another without human interaction

Question 48

Virus

Answer 48

A type of malware that is transmitted between computers and attempts to do deliberate damage to systems and data