Chapter 5 review Flashcards by Riley King

defines the relationships between citizens or between citizens and their government

Civil Law

examples:

Preponderance of the evidence standard (50/50).
Goal of making injured party “whole” through financial restitution and/or injunction.

How well did you know this?

Not at all

Perfectly

defines what a crime is.
Usually state versus defendant
Beyond a reasonable doubt evidence standard.
Goals:
Deterrence (specific and general)
Retribution
Rehabilitation
Incapacitation

Criminal Law

How well did you know this?

Not at all

Perfectly

To be guilty of a crime, you generally need both:
Actus Reus – A criminal or guilty act
Mens Rea – A criminal or guilty mind

Criminal Liability

How well did you know this?

Not at all

Perfectly

Unless its strict liability
Purpose
Knowledge
Recklessness
Negligence

Model penal code

No mens rea requirement

How well did you know this?

Not at all

Perfectly

Tammie shoots a gun in a crowded area…
1 Tammie wants to shoot Sam, her ex-boyfriend and kill him
2 Tammie does not want to kill anyone but she knows she will accidentally shoot & kill someone
3 Tammie knows there is a chance someone might be killed but she does not care
4 Tammie believes she is shooting blanks when she is, in fact, not shooting blanks

Purpose
knowledge
Recklessness
Negligence

How well did you know this?

Not at all

Perfectly

Company/Employee liability:

Can a company be held criminally liable for the actions of their employees?
Can a corporate officer be held criminally liable for the actions of the employees of their company?
Can an employee be held criminally liable for their actions as an employee?

How well did you know this?

Not at all

Perfectly

Corporate Criminal Liability

Can a corporation be criminally liable?

Yes, under imputed liability

a corporation is not a legal person and cannot have the necessary mens rea.

How well did you know this?

Not at all

Perfectly

Acting with the direct knowledge and permission of the corporation

Actual authority

ex. telling employees to sell to minors

How well did you know this?

Not at all

Perfectly

a reasonable person would have believed that the employee was authorized by the company to act in a certain manner because of representations made by the corporation to a third party

Apparent authority

ex. make employees think it is okay to sell to minors.

How well did you know this?

Not at all

Perfectly

Officers may also be criminally liable for criminal acts of employees, even if they didn’t know about the act, if he or she fails to meet their responsibility as corporate leaders to ensure compliance with the law

Responsible Corporate officer doctrine

How well did you know this?

Not at all

Perfectly

Homicide, rape, assault

Violent crimes

How well did you know this?

Not at all

Perfectly

Burglary, larceny, arson, forgery

property crimes

How well did you know this?

Not at all

Perfectly

intoxication, prostitution

public order crimes

How well did you know this?

Not at all

Perfectly

Hacking,, phishing

Cybercrimes

How well did you know this?

Not at all

Perfectly

Serious crime that is punishable by death or by imprisonment for more than one year.

Felony

more than a year of jail time

How well did you know this?

Not at all

Perfectly

A lesser crime than a felony, punishable by a fine or incarceration in jail for up to one year

Misdemeanor

up to a year of jail time

How well did you know this?

Not at all

Perfectly

In criminal law, the least serious kind of criminal offense, such as a traffic or building code violation

Petty offense

no jail time

How well did you know this?

Not at all

Perfectly

An accused cannot be punished for a more serious offense and also for the lesser included offense under the merger doctrine

The two crimes merge together.

How well did you know this?

Not at all

Perfectly

A Ponzi scheme is an investment fraud that involves the payment of purported returns to existing investors from funds contributed by new investors.
For the scheme to work, the organizer must continue to attract new investors in order to have the money to make existing customers believe they are profiting from a legitimate business.
Generally, scheme organizers are personally benefiting from the money invested rather than actually investing that money on behalf of their clients.

illegal

How well did you know this?

Not at all

Perfectly

A type of theft that occurs when a fiduciary is lawfully entrusted with personal property of another and then fraudulently takes or uses that property for his or her own gain.

Embezzlement

Example, Melody is an accountant who pays the bills for Med-company Inc. She writes a personal check to her husband. She intends to repay the money when things improve in her personal life

How well did you know this?

Not at all

Perfectly

The intentional taking, copying, or using another’s trade secrets with the knowledge the owner of the trade secret will be injured by such action.

Theft of trade secrets

Example: Guy works for Pepsi and takes the recipe to Mountain Dew and tries to sell it to Coca Cola.

How well did you know this?

Not at all

Perfectly

The knowing misrepresentation of the truth or concealment of a material fact to induce another to act to his or her detriment.

Fraud

How well did you know this?

Not at all

Perfectly

Mail Fraud (Using postal services)
Wire Fraud (Using electronic means of communication)
Bankruptcy Fraud (concealing assets from bankruptcy proceedings)
Perjury (telling an untruth while under oath to tell the truth)

specific types of fraud

How well did you know this?

Not at all

Perfectly

Ricky sends paperwork by mail to his insurance company claiming damage to the roof of his business when there has not been any damage. This might be mail fraud.
Allison is considering bankruptcy. She sells her $12,000.00 diamond ring to her sister for $1.00. This might be bankruptcy fraud.

Fraud example

How well did you know this?

Not at all

Perfectly

bribing a Public official*

- need intent - anything of value can be offered - crime occurs at the time the bribe is offered (not accepted)

Foreign Corrupt Practices Act of 1977

Foreign Officials | Made it a crime to bribe foreign officials to gain a business advantage

Tipper/Tippee

Tipper is the person who gives the tip | Tippee is the person who gets the tip. Tippee only liable if they knew the information was not public

transferring illegally obtained money through legitimate people or accounts so that its original source cannot be traced

Money Laundering

Enables prosecution of criminal organization “bosses” for the crimes of their subordinates. The criminal acts are imputed as part of a larger “criminal enterprise.”

Racketeer Influenced and Corrupt Organizations Act (RICO) –

– breaking and entering into the dwelling house of another at nighttime with the intent to commit a felony

Burglary

– stealing tangible property with the intent to deprive the owner of the property

Larceny

taking of property by force, intimidation or threat of violence with the intent to deprive the owner of the property

Robbery

malicious burning of the dwelling of another person

Arson

making or altering a writing with the intent to defraud

Forgery | ex. signing a name that is not yours.

intentionally misrepresenting a material fact to a person in order to persuade another to transfer property

Obtaining goods by false pretenses

wrongfully using a public office to obtain assets from a victim

Extortion

wrongfully obtaining assets by threat

Blackmail

act of receiving property that the defendant knew or should have known was stolen with the intent to deprive the real owner of such property

Receiving stolen goods

using credit card information to obtain an unauthorized benefit

Credit card fraud

to knowingly transfer or use another person’s identity without authorization with the intent to commit a crime

Identity theft | ex. fake I.D.

Property crime examples: 1. Rick burns down Anna’s garage which is attached to her house. 2. Rick takes Phil’s checkbook and uses it to buy groceries. 3. Rick takes David’s credit card and uses it at Target signing David’s name on the receipt.

1. Dwelling and Arson 2. Larceny, forgery, obtain goods by false pretenses. 3. Larceny, forgery, obtain goods by false pretenses, identity theft, credit card fraud.

– unauthorized access of another’s computer with intent to change the settings or access information

Hacking

accessing computer information with the intent to commit a fraud

Phishing

society generally condones or approves of the act under the circumstance.

Justification

society does not condone but determines punishment is less appropriate because of mitigating circumstances.

Excuse

- I broke the law to avoid an even greater harm. - Example, speeding in order to transport dying victim to hospital. - Generally a defense when acting in response to emergency not of your own making. - Society approves of this act.

Justification: Necessity | self defense

- I broke the law to avoid a different harm (maybe greater) - Example, I stole something for a drug dealer because he threatened to kill my family if I didn’t. - Society doesn’t condone but understands the reasonable person might have behaved in the same way under the circumstances.

Excuse: Duress Duress: when you act in response to a threat and you create a crime. - Threat was greater than the crime committed.

A person may be justified in using force against another person; however, there are limits to this rule. While a person can use force to protect himself or others from a real or threatened attack, the force used must be reasonable and not excessive under the circumstances.

Self defense

– can use lethal force without retreating if attacked in your own home.

Castle doctrine

Mistake of Fact: For specific-intent crimes an honest mistake may negate one of the elements of the offense You walk off with someone’s bag because you thought it was yours. Can you use this if a crime is strict liability?

Not larceny NO

Model penal Code Test | (KNOW) for Exam

Must prove defendant lacked substantial capacity either to appreciate the criminality of their conduct or to conform their conduct to the requirements of the law as a result of a mental disease or defect.

A public official gets the defendant to commit a crime that he or she would not have committed had it not been for overbearing actions of the public official.

Entrapment | not a good defense

Like the insanity defense, this is difficult to prove. Louis is standing outside his apartment on a public sidewalk. An undercover police officer offers Louis alcohol. Louis is underage. Louis takes the alcohol and drinks it. The police officer then arrests Louis.

Not Entrapment

intoxication on the part of the defendant was not intentional

Involuntary Intoxication Example: the drink of the defendant was spiked with a hallucinogen drug Works to negate the mental intent required by a crime

intoxication was brought about by the defendant’s intentional acts

Voluntary intoxication larceny, burglary, arson ex. Works to negate only specific intent crimes as the act of getting drunk can be viewed as negligent

Criminal suspect “must be warned prior to any questioning that he has the right to remain silent, that anything he says can be used against him in a court of law, that he has the right to the presence of an attorney, and that if he cannot afford an attorney one will be appointed for him prior to any questioning if he so desires.”

Miranda rights

Protection from double jeopardy Can’t be tried for a crime a second time if found “not guilty” the first time Right against self-incrimination Miranda v. Arizona case held that police must advise you of your constitutional rights before subjecting you to custodial interrogation Right of due process At a minimum you must be given notice and a hearing before you can be deprived of life, liberty or property.

Fifth Amendment protection

Right to a speedy/public trial Right to an impartial jury (facing > 6 months of prison) Right to be informed of the charges against you Right to confront all witnesses Right to have production of favorable witnesses Right to an attorney

Sixth Amendment Protection

Search warrant – an order granted by a public authority, such as a judge, that authorizes law enforcement personnel to search particular premises or property Probable Cause – reasonable grounds to believe that evidence of a crime is currently located in the place, or on the person to be searched. There are many exceptions to the warrant requirement Exigent Circumstances, Emergency, and Plain View Searches are just a few. (consent)

Fourth Amendment Protection ex. flush the drugs

A police officer is standing on the public sidewalk when he smells an odor of marijuana. He looks to his right and sees Marley smoking marijuana behind a house. The house is owned by Marley. The police arrest Marley and confiscate his marijuana pipe and drugs.

Search warrant example | Plain View Search

In a business setting police still need a warrant but businesses have a lower expectation of privacy so it is easier for a government official to get a warrant. In highly regulated industries no warrant is needed to do regular administrative searches because the public interest in regulation outweighs the privacy interest.

Fourth Amendment

any evidence that is obtained in violation of the accused’s constitutional rights is automatically excluded at trial

Exclusionary Rules Example: Police obtain a confession from Rita but they did not read her the Miranda rights and were legally required to do so. Rita’s confession would be excluded at trial.

Need a warrant unless there us no time to get one

Arrest

Defendant appears before judge

Initial Appearance

Grand jury issues an indictment (serious crimes) Grand jury determines whether or not there is probable cause for a trial Magistrate issues a criminal information for lesser crimes and this means no grand jury (less serious crimes)

Indictment or Information

court proceeding in which defendant hears charges in court and enters a plea

Arraignment Pleas Guilty “I did it” Not guilty “I did not do it” Nolo contendere “I am not saying I did it but I will accept the consequences”

State often wants information from criminals so the prosecution offers them immunity (meaning no liability for criminal acts disclosed to state)

immunity

the defendant and prosecution enter into a deal and the defendant gets a more lenient sentence.

Plea bargaining

Chapter 5 review Flashcards

Criminal Law (68 cards)