Chapter 13 Powerpoint pt. 3 Flashcards Preview

Criminal Justice 130 Survey of Criminal Law > Chapter 13 Powerpoint pt. 3 > Flashcards

Flashcards in Chapter 13 Powerpoint pt. 3 Deck (43)
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1
Q

Some states combined _______, ___________, and ______ _________ into a single theft statute.

A

larceny
embezzlement
false pretenses

2
Q

_______, ________, and theft of service count as theft.

A

Blackmail

extortion

3
Q

Blackmail, extortion, and _____ __ _______ count as theft.

A

theft of service

4
Q

_____ was used to streamline the judicial process.

A

Theft

5
Q

Theft of a person’s name and identifying information, including?

A

(1) social security number
(2) bank account information
(3) credit card number(s)

6
Q

What kind of theft is this: Theft of your name and identifying information?

A

Identify Theft

7
Q

In 1998 the U.S. Congress passed the ______ ____ and _________ _________ Act.

A

Identity Theft

Assumption Deterrence

8
Q

In _____ the U.S. Congress passed the Identity Theft and Assumption Deterrence Act.

A

1998

9
Q

True or False: sending SPAM constitutes as computer crime

A

True

10
Q

True or False: There is no such offense [receiving stolen property] under common law.

A

True

11
Q

Receiving stolen property is punished as a ___________ or ______ depending on the value of the property.

A

misdemeanor

felony

12
Q

What are the requirements for being held liable for receiving stolen property?

A

(1) Receive property
(2) Knowing the property was stolen
(3) With the intent to permanently deprive the owner of the property

13
Q

What is the actus reus of receiving stolen property?

A

Individual must control the stolen property (either actual or constructive possession)

14
Q

Some states require actual _________ that the goods are stolen while others provide that it is sufficient that an individual _______ that the goods are stolen

A

knowledge

believe

15
Q

Originally, _______ was enforced against those who used the king’s _____ without permission.

A

forging

seal

16
Q

What is the difference between forgery and uttering?

A

1) Forgery – creating a false legal document or the material modification of an existing legal document with the intent to deceive or to defraud others
2) Uttering – circulating or using a forged document

17
Q

What are the elements of establishing forgery?

A

(1) False document or material modification of an existing document that is
(2) Written with intent to defraud
(3) If genuine, would have legal significance

18
Q

What is the actus reus of forgery?

A

falsely making or materially altering an existing document

19
Q

What is the mens rea of forgery?

A

intent to defraud (need not be directed against a specific individual)

20
Q

_________ is the creation of false objects with the purpose to defraud.

A

Simulation

21
Q

_________ _______ from an individual with the use of violence of intimidation.

A

Aggravated larceny

22
Q

Aggravated larceny from an individual with the use of _______ of __________.

A

violence

intimidation

23
Q

In order to be considered ______, property must be taken directly from the victim’s person or presence by means of violence or intimidation.

A

robbery

24
Q

In order to be considered robbery, property must be taken directly from the victim’s person or presence by means of _________ or __________.

A

violence

intimidation

25
Q

The _______ or __________ [of robbery] must coincide with the taking of the ________.

A

violence
intimidation
property

26
Q

__________ _______ can be used when it involves using a dangerous weapon, inflicting serious bodily injury, or having an accomplice.

A

Aggravated Robbery

27
Q

Aggravated Robbery can be used when it involves using a _________ _______, inflicting serious _______ _______, or having an __________.

A

dangerous weapon
bodily injury
accomplice

28
Q

In order to constitute robbery, personal property must be taken from the victim’s ______ or ________.

A

person

presence

29
Q

Model Penal Code provides that robbery requires ______ ______ ______.

A

serious bodily injury

30
Q

______ _____ _____ provides that robbery requires serious bodily injury.

A

Model Penal Code

31
Q

Property may also be seized as a result of __________ or the _____ of immediate infliction of ________.

A

intimidation
fear
violence

32
Q

How do modern statutes determine the severity of robbery?

A

Simple and aggravated robbery – based on degree of dangerousness caused by perpetrator and fear experienced by victim

33
Q

What are the aggravating factors when it comes to robbery?

A

(1) Use of dangerous or deadly weapon or warning the victim that robber possessed a firearm
(2) Dangerous instruments such as knife, hammer, axe, or aggressive animal
(3) Infliction of serious bodily injury
(4) Robbery carried out theft with an accomplice

34
Q

Carjacking is a form of _______.

A

robbery

35
Q

Carjacking usually must be accomplished by “_____ or ____.”

A

force

fear

36
Q

True or False: When it comes to carjacking the defendant need not intend to permanently seize the car.

A

True

37
Q

_________ is a newly recognized form of property crime that is punished under both federal and state statutes.

A

Carjacking

38
Q

Carjacking is a newly recognized form of property crime that is punished under both ______ and _____ statutes.

A

federal

state

39
Q

True or False: When it comes to carjacking the vehicle must actually be moved

A

False; It is not required that the automobile be moved

40
Q

The common law described _______ as the unlawful collection of money by a government official.

A

extortion

41
Q

The _______ ____ described extortion as the unlawful collection of money by a government official.

A

common law

42
Q

Extortion is complete when the threat is made but some states require handing over ______, ________, or _______ _____ in response to the threat.

A

money
property
valuable items

43
Q

True or False: It is a crime for offering as well as accepting a bribe

A

True