Chapter 10 Criminal Law Flashcards Preview

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Flashcards in Chapter 10 Criminal Law Deck (78):
1

Breaking and entering into a dwelling with intent of commuting a felony

Some courts omit the "breaking" element

Deadly weapon changes a to b

Burglary

2

U lawful taking and varying away of someone else's property with the intent to perminatly deprive the owner of possession

Larceny

3

Usually grouped into theft

Falls into different statutes in different states

Embezzlement larceny etc.

Obtaining goods by false pretenses

4

To receive goods that that a person knows or should know we're stolen.
Is a crime.

True of false

Need the owner know the true owner or have paid for the goods

True it is a crime

The person does not need to know the owner and it doesn't matter if the person paid for the goods or not

5

Willful and malicious burning of a building

(Some states also a car or other personal property)

Arson

6

Fraudulent making it altering of any writing in a way that changes legal rights and liabilities of another

Forgery

7

Public drunkeness
Protitution
Gambling
Illegal drug use

Are all

Public order crimes

Sometimes referred to as victimless crimes bc normally only harm the offender

8

Justifiable use of force

Self defense
Protect property
Prevent crime

9

Necessity

Necessary to prevent greater crime

10

M'naghten

If didn't know the nature and quality of act of did not know act was wrong

Insanity deffense

11

Insanity

M'naghten - didn't know quality and nature of act . Didn't know it was wrong

Irresistible
Impulse

12

Mistake

Mistake of fact not of law

13

Duress

Wrongful threat of person induced another to preform an act that he or she would not otherwise have preformed

CANNOT BE USED IN MURDER

14

Police or government agents
Entice
Pressure or induce individual to commit

Entrapment

15

Critical issue of entrapment.

Was ^ predisposed to commit act or only did so because agent induced

16

Two criminal defenses

One of time

One in exchange for information.

State of limitations

Immunity

17

Arrest - booking - initial apearence -
Preliminary hearing ( or grand jury) - indictment or information- arraignment - trial

Typical procedural steps in a criminal case

18

Amendment that says

No unreasonable search and seizure

Warrant must be issued with probable cause

4th amendment
No search and siezure
No warrant without cause

19

Amendment that says

No one tried twice
No one deprived of liberty or property without due process
No person can be forced as a witness against self

5th amendment

20

Right to a speedy public trial by jury

6th amendment

21

No exes dive bail

No cruel and unusual punishment

8th amendment

22

Crimes occurring in the business context

White collar crimes

23

A person who is entrusted with another's property and fraudulently appropriates it

Embezzlement

24

Why isn't embezzlement larceny

Wrong doer does not physically take property

25

Is embezzlement robbery ?

No because no force or fear is used

26

This change says

It is a federal crime to devise any scheme to defraud the public using

Mail
Commercial carriers
Phone TV Internet email

Mail and wire fraud

27

What three types of bribery are considered crimes

Bribery of
Public officials
Commercial bribery
Bribery of foreign officials

May include kickbacks, payoff, special favor, services

28

Five categories of criminal acts

Violent crimes
Property crimes
Public order crimes
White collar crimes
Organized crime

29

When a grand jury decides that someone should be charged with a alleged crime such a charge is called an.....

Indictment

30

Many lessor crimes do not require a grand jury but non the less the individual is formally charged via

Information

31

Involves the criminal defendant being brought before the court, informed of the charges and asked to enter a plea

Arraignment

32

Tracking of movements of a vehicle by the authorities requires a warrant

True or false

True

33

This law is possibly the most significant law addressing cyber crime

Computer fraud and abuse act

34

Under the --- it is illegal for U.S. citizens to bribe foreign officials to get new business

Violation can result in how many years in prison

FCpA

5 years

35

FCPA

Foreign corrupt practices act

Makes it illegal for a U.S. Citizen to bribe a foreign official to get new business

Up to 5 years in prison

36

The exclusionary rule states that

Any evidence obtained in violation of the 4th 5th 6th amendment is generally not admissible at trial

37

Criminal law is what kind of law

Statutory

38

Under RICO does it matter wether a property owner knows about illegal use or property

No it does not matter

39

eBay- someone uses eBay to sell an item and item is not delivered

This constitutes

Online auction fraud

40

Consumer pays directly online for an item that is never delivered

Online retail fraud

41

An individual who has been the subject of crime can prosecute the alleged criminal

False

42

Burden of proof in criminal
Proceedings

Beyond a reasonable doubt

43

Remedy in criminal
Proceedings

Punishment

Fine, imprisonment or death

44

A physical
Attack can be a tort or crime or both

True

45

Battery is a tort that provides basis for both criminal and tort action

True or false

True

46

In criminal
Law the least serious kinds of criminal offenses such as traffic or building code violations

Petty offenses

47

Lesser crimes than felonies
Punishable by up to a year in prison

Misdemeanors

48

Crimes such as arson murder- rape- robbery- that carry the most severe sanctions

Felonies

49

Generally for a crime to have occurred one must have committed the guilty act and had a wrongful mental state

True

50

The circumstances under which criminal negligence can exist

A person consciously
Disregards a substantial and unjustifiable risk

51

Criminal negigence can occur when ^ was not aware of the risk

But should have been aware of it

52

Many of the over 4000 federal crimes do not require a wrongful mental state

True

53

Wrongful mental state is known as

Men's rea

54

Because a corporation is a legal entity And not a person there can never be cooperate criminal liability

False

55

Under what doctrine can a court impose criminal liability on a corporate officer who knew about a given violation

Responsible corporate officer doctrine

56

Obtaining goods via false pretense is a crime that involves

Trickery

57

Today RICO ( racketeer influenced and corrupt organizations act) has allowed it to be applied to cases that have little or nothing to do with organized crime

True

58

Generally you can use the amount of non-deadly force nessisary to protect yourself your dwelling, or other property and you will avoid criminal liability

True

59

Mistake of fact rather than mistake of law can often excuse criminal lability if the mistake negates the mental state nessisary to commit a crime

True

60

What enjoys no statute of limitations

Murder

61

No person shall be compelled to be a Wittness agaiant himself

Fifth amendment

62

Right to a speedy trial by public jury

Sixth amendment

63

No excessive bail

No cruel and unusual punishment

8th

64

No one to be deprived of liberty or property without due process of law

5th

65

No one can be tried for the same
Crime twice

5th

66

No unreasonable search and seizure

4th

67

Warrant must be issued with probably cause

Fourth

68

A search warrant cannot reach beyond what is described in the warrant

True

69

Most important Supreme Court case with respect to a criminal defendants procedural right

Miranda VS Arizona

70

Perhaps the most significant law addressing cyber crime is

Computer fried and abuse act

71

Which courts have exclusive jurisdiction over copyright claims

Federal courts

72

Posing as a bank to get someone's credit card info would be considered

Phishing

73

A bribe occurs when

The offer is made

74

Taking, money, belongings, article of value by means of force or fear

Use of deadly weapon changes charge
From a to b

Robbery

Aggravated robbery

75

From birth to 7 years old a person cannot commit a crime beacUse they cannot from the required intent

True

76

Enacted to prevent payments to foreign giv officials to assist in obtaining or retaining business

Foreign corrupt policies act

77

Strict criminal liability is common in

3

Environmental laws
Illegal drugs
Laws effecting public health

78

Strict liability crimes do not require

Men's rea