Flashcards in Chapter Six Deck (123):
A wrong against society set forth in a statute and, if committed punishable by society through fines and/or imprisonment-and, in some cases, death
Beyond a reasonable debt
the standard proof used in criminal cases, if there is any reasonable doubt that a criminal defendant committed the crime with which she or he has been charged, then the verdict must be "not guilty"
A Guilty (prohibited) act. The commission of a prohibited act is one of the two essential elements required for criminal liability, the other element being the intent to commit a crime.
Mental state, or intent. Normally, a wrongful mental state is a necessary as a wrongful act to establish criminal liability. What constitutes such a mental state varies according to the wrongful action. Thus, for murder the mens rea is the intent to take a life.
The act of forcefully and unlawfully taking personal property of any value from another. force or intimidation is usually necessary for an act of theft to be considered a robbery.
The unlawful entry or breaking into building with the intent to commit a felony (some state statutes expand this to include the intent to commit any crime.)
The wrongful taking and carrying away of another person's personal property with the intent to permanently deprive the owner of the property. Some states classify larceny as either grand or petit, depending on the property's value.
the intentional burning of another's building. Some states have expanded this to include any real property regardless of ownership and the destruction of property by other means- for example, by explosion
The fraudulent making or altering of any writings in a way that changes the legal rights and liabilities of another.
White collar crime
Nonviolent crime committed by individuals or corporations to obtain a personal or business advantage.
The fraudulent appropriation of funds or other property by a person to whom the funds or property has been entrusted
Engaging in financial transactions to conceal the identity, source, or destination of illegally gained funds.
A crime-such as, murder, arson, rape, or robbery- that carries the most severe sanctions, ranging from one year in a state or federal prison to the death penalty
a lessor crime than a felony, punishable by fine or incarceration in jail for up to one year
in criminal law, the least serious kind of criminal offense, such as a traffic or building code violation.
The legally recognized privilege to protect oneself or one's property against injury by another. the privilege applies to acts that are reasonably necessary to protect oneself, one's property or another person.
unlawful pressure brought to bear on a person, causing the person to perform an act that she or he would not other wise have performed
in criminal law, a defense in which the defendant claims that he or she was induced by a public offical- usually an undercover agent or police officer- to commit a crime that he or she would not otherwise have committed
The giving of testimony that may subject the testifier to criminal prosecution. The fifth amendment to the US constitution protects against self-incrimination by providing that no person "shall be compelled in any criminal case to be witness against himself."
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 defendant's pleading guilty to a lesser offense in return for a lighter sentence.
a situation occurring when a person is tried twice for the same criminal offense; prohibited by the fifth amendment to the US constitution
An order granted by a public authority, such as a judge, that authorizes law enforcement personnel to search particular premises or property.
reasonable grounds for believing that a person should be arrested or searched.
in criminal procedure, a rule under which any evidence that is obtained in violation of the accused's rights guaranteed by the fourth, fifth, and sixth amendments to the US constitution, as well as any evidence derived from illegally obtained evidence, will not be admissible in court.
A charge by a grand jury that a named person has committed a crime
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 that a trial ought to be held.
a Formal accusation or complaint (without an indictment) issued in certain types of actions (usually criminal actions involving lesser crimes) by a government prosecutor.
Any wrongful act that is directed against computers and computer parts or that involves the wrongful use or abuse of computers or software
A crime that occurs online, in the virtual community of the internet, as opposed to the physical world.
Any misrepresentation knowingly made over the internet with the intention of deceiving another and on which a reasonable person would and does rely to his or her detriment
the theft of identity information, such as a persons name, divers license number, or social security number. The information is then usually used to access the victims financial resources.
A computer program that appears to perform a legitimate function but in fact performs a malicious function that allows the sender to gain unauthorized access to the user's computer; named after the wooden horse that enabled the greek forces to gain access to the city of Troy in the ancient story
a varation of phishing that involves some form of voice communication. The consumer recieves either a e-mail or a phone call from someone claiming to be from a legitamate buisness and asking for personal information. Instead of being asked to respond by e-mail as in phishing, the consumer is asked to call a phone number
a person who uses one computer to break into another
a network of computers that have been appropriated without knowledge of their owners and used to spread harmful programs via internet; short for robot network
any program that is harmful to a computer or a computer user; for example, worms and viruses.
A computer program that can automatically replicate itself over a network such as the internet and interfere with the normal use of a computer a worm does not need to be attached to an existing file to move from one network to another
a computer program that can replicate itself over a network, such as the internet, and interfere wit the normal use of a computer. A virus cannont exist as a seperate entity and must attach itself to another program to move through a network
A person who uses the internet to attack or sabotage buisness and government agencies with the purpose of disrupting infrastructure systems
bulk e-mails, particulary of commerical advertising, sent in large quantities without the consent of the recipients.
crime is regulated by
federal, state, city, and county governments.
Party bringing a civil suit
Party bringing a criminal suit
Wrongful civil act
harm to victim/ victim's property
Wrongful criminal act
Burden of proof civil
burden of proof criminal
beyond a reasonable doubt
damages (compensatory/ punitive)
punishable (fine, imprisonment, death)
crimes that cause others harm
types of violent crimes
-Robbery (the taking of cash, personal property or thing of value from a person by way of force or fear.
most common type of criminal activity
types of property crimes
-larceny (stealing or theft)
-obtaining goods by false pretenses
-receiving stolen goods
Mail and Wire Fraud
-Federal crime to defraud the public
-mail fraud act of 1990
Elements of mail and wire fraud
1. mailing or causing to be mailed a writing
2. for the purpose of executing a scheme to defraud; and
3. scheme to defraud by false pretenses.
Defenses to criminal liability
types of mistake
-mistake of law
-mistake of fact
mistake of law
the law was not published or made reasonably know to the public or the defendant relied on an offical statement of law that was wrong
mistake of fact
negates the necessary criminal intent
example of mistake of fact
taking someone's book by mistake
the victim of the crime consents to a crime or encourages the defendant to commit the crime
the defendant was threatened with serious bodily harm or death and the harm threatened must be greater than the harm caused by the crime.
the police/ government suggested and pressured the criminal defendant into committing a crime
statute of limitations
the "window of oppertunity" for prosecution of certain crimes.
immunity/ plea bargain
information exchanged for a lesser sentence or complete immunity from prosecution.
Did not know the nature and quality of the act or did not know that the act was wrong
may know act is wrong but cannot refrain from doing it
Type of white collar crimes
-mail and wire fraud
-theft of trade secrets
"stealing" from your employer or a client
occurs when a bribe is offered
hiding or selling assets
Self Defense: deadly force
can be used in self-defense if the defender reasonably believes that imminent death or grievous bodily harm will otherwise result, if the attacker is using unlawful force and if the defender has not initiated or provoked the attack
Self defense: deadly force alternative
in some jurisdictions, deadly force can be used if the person believes it is necessary to prevent commission of a felony in the dwelling.
Types of crime
-Receiving stolen goods
-obtaining goods by false pretenses.
taking of money, personal property, or any other article of value from a person by means of force or fear
breaking and entering the dwelling of another at night with the intent to commit a felony
the fraudulent intent to deprive an owner permanently of property
the willful and malicious burning of a building owned by another
the fraudulent making or altering of any writing that changes the legal rights and liabilities
receiving of stolen goods
knew or should have known the goods were stolen
obtaining goods by false pretenses notes
eg using someone' else's credit card, knowningly writing a bad check.
most serious crimes- generally punishable by imprisionment for more than one year or by death
if it isn't a felony it is probably a misdemeanor; petty offenses" are a sub set of misdemeanors. fines and imprisionment for up to one year.
Racketeer influenced corrupt organzations act (RICO)
organized crime control act of 1970
propose of RICO
was to halt infiltration of legitmate business by organized crime.
it is unlawful to conduct or acquire an interests in an "enterprise" through a pattern of racketeering activity or through the collection of an unlawful debt.
No person (shall) be subject for the same offense twice put in jeopardy of life or limb. fifth amendment of the constitution of the United States.
Could Ashley Judd "get away with" killing her husband in the movie double jeopardy?
Double Jeopardy means
that once a criminal defendant is found not guilty of particular crime, the government may not reindict the person and try him/her again for the same crime
Double Jeopardy does not prohibit
the filing of a civil suit against the criminal defendant to recover damages
Double Jeopardy also does not
protect defendants against a "mistrial" in the first criminal case or trial for multiple counts of a crime arising out of a single act or subsequent prosecution by a different "sovereign" (i.e., the federal or state government) for a crime arising out of the same act for which the defendant has already been prosecuted.
The exclusionary rule
-fruit of the poisonous tree doctrine
-The miranda rule
The Miranda Rule
come from Miranda v Arizona
Miranda v Arizona
Ernesto Miranda amitted to the kidnapping and rape of an 18 year old woman; Miranda was not told of his right to remain silent, his right to have a lawyer present and the possibility that a lawyer could be appointed if he could not afford one.
The exclusionary rule case
Herring v United States (2009)
Constitution protections 4th amendment
Unreasonable search and seizures; probable cuase for search/ arrest warrants; probable cause means a "substantial likelihood that the person has committed or is about to commit a crime.
Constitution protects 5th amendment
Due process of law; double jeopardy; self-incrmination
constiutional protections 6th amendment
speedy trial; criminal trial by jury.
constitutional protections 8th amendment
excessive bail/ fines and cruel and unusual punishment
Defenses to criminal liability
-justifiable use of force/ self defense
-statute of limitations
defense to criminal liability any person who has not yet reached the age of majority
defense to criminal liablity has to be involuntary not voluntary
defense to criminal liability the wrongful threat of another
defense to criminal liability.
The essentials of criminal liability
1. a guilty act
2. the guility state of mind
A guilty act
the performance of a prohibited act of either "comission or omission -the actus reus
The guilty state of mind
intent or mens rea (also applies to acts of criminal negligence and recklessness)
The essentials of criminal liability theft example
theft is a criminal act. The actus reus is the taking of someone's property. the mens rea is the knowledge that the property belongs to someone else and the intent to deprive the owner of his/her property
Case about entrapment
US v deLorean 1983
US v DeLorean
(1983) in the early 1980's John DeLorean became a celebrity in the auto industry by designing popular sports cars. But by 1982, DeLorean's business needed 17 Million to survive. The FBI, DEA, customs service, and LAPD orchestrated a sting operation in which they adked DeLorean to invest 1.8 million to import 100 killos of cocaine from South America. DeLorean was told he would make 24 million which he planned to use to salvage his company
US v DeLorean aftermath
after his arrest, a federal judge acquitted DeLorean of all charges in 1984. The judge ruled that the authorities had entrapped DeLorean by making him an offer that was impossible to refuse.
is part of the bill of rights which guards against unreasonable search and seizures, along with requiring any warrant to be judicially sanctioned and supported by probable cause. It was adopted as a response to the abuse of the writ of assistance, which is a type of general search warrant, in the American Revolution. Search and arrest should be limited in scope according to specific information supplied to the issuing court, usually by a law enforcement officer, who has sworn by it.
Fourth amendment case 1
Mapp v Ohio (1961)
Mapp v Ohio
Fourth Amendment case (1961) the supreme court ruled that the fourth admendment applies to the states by way of the due process clause of the fourteenth amendment
Fourth amedment case 2
Katz v United States (1967)
Katz v United States (1967)
The Supreme Court ruled that the amendment's protections do not apply when the searched party lacks a "reasonable expectation of privacy"
Prosecution of crimes
the prosecutor represents government vs the criminal defendant. the evidentiary standard is proof beyond a reasonable doubt.
Why the higher evidendiary standard for prosecution of crimes?
it is worse to convict an innocent person than let a guilty person go free
Prosecution of crime penalties
penalties may include monetary fines, imprisionment or death.
Who was Ernesto Miranada
Ernesto Miranda was retried after the supreme courts decision. in the second case, prosecutors presented evidence from Miranda's former girlfriend who said that Miranda told her about the kidnapping and rape. Miranda was convicted again and served 11 years before being paroled in 1972. He was arrested and returned to prison several times thereafter