Criminal Law Flashcards
(23 cards)
1
Q
Michael Vick case:
basic
A
- Dogfighting, animal cruelty
2
Q
Michael Vick case:
details
A
- EDVA, Richmond Division
3
Q
Michael Vick case:
ruling/outcome
A
- Pleaded guilty to federal charges
- Served about 18 months in federal prison
- Restitution Submitted by US attoryney
- Signed by AUS Attorneys
- Humane Society of US partnered with Michael Vick
- Controversial
- Important ambassador for HSUS because he is a role model
- “To help more dogs than I hurt”
4
Q
criminal liability
A
To be convicted of a crime, the state must show beyond a reasonable doubt that the Defendant:
- Performed an illegal act (actus reus) and…
- Had the required intent or state of mind (mens rea)
Without required intent = No conviction
5
Q
corporate criminal liability
A
- a corporation is a legal “person”
- a corporation can be fined or denied legal privileges (license) for criminal activity
- responsible corporate officers…
6
Q
types of crimes:
violent crimes
A
- Crimes against a person
- Murder
- Rape
- Assault
- Battery
- Robbery
- Aggravated robbery is with a deadly weapon
- Degrees
- Intent
- Weapon
- Level
- Pain and suffering of the victim
7
Q
types of crimes:
property crimes
A
- Burglary
- Larceny
- Receiving stolen goods
- Arson
- Forgery
8
Q
Julie is distressed about cats missing from Virginia larceny statute
A
- Pets are considered chattel (property)
9
Q
*white collar crimes *
A
nonviolent crimes involving a business transaction
10
Q
types of crimes:
white collar crimes
A
- Embezzlement
- Mail and wire fraud
- Usually an “add-on” charge
- Bribery
- First crime – person who makes the bribe
- Second crime – person who takes the bribe
- Foreign Corrupt Practices Act (FCPA)
- Teeny-tiny exception: if you are doing business where small “bribes” are common practice
- Cannot be major government official, only a ministerial position
- (Okay for baksheesh, not reshua)
- Teeny-tiny exception: if you are doing business where small “bribes” are common practice
- Theft of trade secrets – [not on exam]
- Insider trading – [not on exam]
11
Q
organized crime:
money laundering
A
- Taking cash from an illegal source and making it look like it came from a lawful source
- Doing some type of illegal business
- Cash is bulky and suspicious
- Transactions over $10,000 require tax form (IRS Form 8300)
12
Q
Crazy Eddie - basic
A
- Money laundering
- 1980s - early 90s
- Skimmed off millions from his company
- To avoid taxes
13
Q
Crazy Eddie - details
A
- Strapped money to his body and put money in suitcases
- Flight attendents thought he was disabled
- Went to Israel and made several deposits (placement)
- Israeli bank wired everything to Panama
- Panama has very strict bank secrecy laws
- From panama made transfers to off-shore accounts (layering)
- From off-shore accounts, he sent the money back to legit Crazy Eddie business
- Total of $8 million
- Boosted the company IPO
- $40 million windfall from IPO price boost
- Sold his stock and was left with $30 million in profit
14
Q
Crazy Eddie - ruling
A
- Found in Israel in 1992, extradited to U.S.
- Sentenced to 8 years in prison
15
Q
organized crime:
mail fraud
A
???
16
Q
- defenses to criminal liability
A
- Infancy (juvenile)
-
Involuntary intoxication
- If a person was incapable of understanding act
-
Insanity [not on exam]
- Defendant lacked substantial capacity to appreciate the wrongfulness of act or to conform act to law
-
Justifiable use of force
- Use of deadly force if reasonable belief of imminent death or serious injury
- Cannot use deadly force to protect property alone
- Statute of limitations
- Immunity/plea bargain
- Others
17
Q
4th Amendment Protection
A
- Search warrants and probable cause
- Officer must have “probable cause”
- Trustworthy evidence to convince a reasonable person
- The warrant must be precise; no general warrants (“fishing expedition”)
- Exceptions to warrant
18
Q
Search and seizure in business
A
- Generally, government cannot enter business without a warrant
- No warrant required for contaminated food or highly-regulated liquor or gun businesses; airport security
19
Q
5th Amendment Protection
A
-
Double jeopardy
- Person cannot be retried for the same offense in the same court
- What about state prosecution and federal prosecution?
- What about civil action?
-
Self-incrimination
- “right to remain silent” or not testify against yourself
- Only applies to natural persons
TESTABLE – ignore note on slide!
20
Q
6th and 8th Amendments
A
- Right to speedy trial
- Jury trial
- Public trial
- Confront witnesses
- Counsel
- Prohibition on cruel and unusual punishment
NOT ON EXAM
21
Q
Exclusionary Rule
A
Evidence obtained in violation of constitutional procedures must be excluded
- illegal evidence is “fruit of the poisonous tree”
- deters police from misconduct
- defense counsel will file motion to suppress evidence
22
Q
Miranda Rule
A
- Miranda v. Arizona (1966)
-
Inform suspect of his rights when he is arrested
- right to counsel
- right to remain silent
- other
- prosecution must show that suspect knowingly, intelligently, and voluntarily waived Miranda rights
- Arizona supreme court ruled that his rights had not been violated, but US Supreme Court reversed their decision
23
Q
Criminal Process
A
- Arrest
- Indictment (or information)
-
Trial
- Burden of proof on prosecution
- Defendant does not have to prove anything
- Must prove beyond a reasonable doubt
- Not guilty does not equal innocent
