Unit 2 Flashcards
(72 cards)
3 Essentials of a crime
1) demonstrate that his alleged acts violated a criminal statute
2) prove beyond a reasonable doubt that he committed those acts
3) prove that he had the capacity to form a criminal intent 135
the best example for commercial speech is…
an advertisement for a product, service, or business 139
obscene expression receives _____ First Amendment protection.
No 139
The Miller Test / Controlling obscenity test (3-part)
a) [That] the average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to the prurient interest;
b) that the work depicts or describes, in an offensive way, sexual conduct specifically defined by the applicable state law
c) that the work, taken as a whole, lacks serious literacy, artistic, political, or scientific value 140
Fair notice doctrine (2 parts)
a) statute must provide fair notice of what conduct is prohibited; and
b) and must NOT encourage arbitrary and discriminatory enforcement 142
8th Amendment
prohibits cruel and unusual punishment 143
mens rea
criminal intent 143
criminal law recognizes 3 General types of incapacity
Intoxication, infancy, and insanity 144
Evidence of a defendants nolo plea is ________ in later civil cases against the defendant
inadmissible 145
What remedy is commonly used for unreasonable searches or seizures?
The exclusionary rule 146
Surveillance, searches, and other investigatory intrusions of suspected terrorists require a warrant from the ______ court.
FISA 155
company records generally do ______ qualify for 5th Amendment protections.
NOT 159
corporations and similar entities have no ________ Amendment protections
5th 159
Due Process clauses are covered under the _____ Amendment
5th
6th Amendment
- speedy trial
- right to an attorney
- impartial jury
- right to confront and cross-examine witnesses against them 161
Corporations now may face criminal liability for almost any offense if the statute in question indicates a ________ to hold corporations responsible
Legislative intent 162
Strict liability offenses (under corporate offenses)
ordinarily require proof that the defendant committed some wrongful act 164
Vicarious liability offenses (under corporate offenses)
Impose criminal liability on a defendant for the acts of the third parties (usually their employees), but may require proof of some form of mens rea such as the defendants negligence or reckless failure to supervise 164
how does the “Corporate Sentencing guidelines” impose fines upon corporate violators?
Culpability score 165
Deferred prosecution agreement
Corporations can avoid formal criminal charges and trials in return for their agreement to pay monetary penalties and submit to outside monitoring of their activities 165
The Sarbanes-Oxley Act of 2002
- created the Public Company Accounting Oversight Board
- higher levels of accuracy in corporate reporting of financial info
- promote responsible conduct on part of the corporate officers and directors 169
In response to highly publicized financial scandals and accounting controversies involving Enron, Arthur Anderson, Global Crossing, WorldCom, and other firms, the _____________ of 2002 was enacted
The Sarbanes-Oxley Act of 169
The Foreign Corrupt Cractices Act
Criminalizes the offering or giving of anything of value to officials of foreign governments in an attempt to influence their official actions 169
Racketeer Influenced and Corrupt Organizations Act (RICO)
originally concerned with organized crime’s entry into legitimate business practices, it is presently a tool to attack unethical business practices 169
