Ch 13 Class Notes Flashcards
Punishments
Fines, jail, community service
Criminal law
Government forces statue law against individual
Criminal law: state of proof for criminal cases
Beyond a reasonable doubt
Are criminal cases carried out swiftly?
Yes
Actus Rea
Perform a guilty act
Mens Rea
Guilty mind/intent
When is someone found guilty for fraud
Intent to defraud and acts on it
Most common defense for fraud?
Negligence: it wasn’t intentional
3 main classifications of crime, how long a prison sentence is served in the less severe categories?
1 felonies
2 misdemeanors (under 5 years)
3 summary offenses (under 90 days)
4 types of felonies and their sentences?
1 capital (death/life without parole)
2 first degree felonies (life)
3 2nd degree felonies (10 years)
4 3rd degree felonies (5 years)
Consent
Giving up 4th Ammendment
Terry patdown
If someone’s armed don’t need probable cause
2 things someone can be arrested for
1 felony
2 crime committed in presence of police
Does having a highway check point established by the city of Indianapolis for the discovery of illegal narcotics violate the 4th Ammendment of unreasonable search and seizure?
Ruled at time it wasn’t sufficient to have these searches
However special needs have been expanded since ruling
Special needs search, examples
Other stops are ok because designed to serve special
Needs beyond normal need for law enforcement
Ex. Immigration controls or DUI
Burgers junkyard has stolen auto parts. What do the police need to search it?
Warrant with probable cause
3 exceptions to 4th amendment
1 reasonable suspicion
2 special needs beyond scope of law enforcement (regulating)
Specific activities
3 officer’s affidavit in court to get search warrant
Reasonable suspicion examples
Hot pursuit, have weapon, belief evidence is being destroyed
3 guidelines under the 5th Ammendment
1 self-incrimination
2 due process
3 double jeopardy
Self incrimination
2) what can it be seen as?
Have right to not testify against yourself
2) can be seen as admission of guilt
Due process
Conduct investigation
Inform them what they’re being investigated for
Double jeopardy
Can’t go after the same person for same crime twice
If they’ve already been prosecuted
What does the 5th Ammendment not protect?
Doesn’t protect against handing over documents
If an attorney files “motion to suppress”
2) what can it be used in
Anything from unreasonable search and seizure can’t be
used in criminal cases
2) can be used in civil cases
Procedural protections: exclusionary rule
Evidence obtained in violation of 4th, 5th and 6th
Ammendments can’t be used against defendant
Miranda Rule, requirements (am. 5, am. 6)
Required to be said by police to use evidence on date
Of arrest
AM V: right to remain silent (can be used against defendant)
AM VI: right to counsel
Why do white collar crimes occur?
1 not personal
2 lack of regulation
3 human nature to be deceptive
Securities fraud
Insider trading
Counterfeiting
Currency of account access fraud
Bankruptcy fraud
Debtor hides assets
Creditor files false claim
6 constitutional protections under the 6th Ammendment
1 speedy trial 2 trial by jury 3 public trial 4 confront witnesses 5 right to counsel 6 right to compulsory process
6 common white collar crimes
1 conspiracy 2 obstruction of justice 3 false statement to bank 4 false statement to federal agency 5 embezzlement 6 bribery
Conspiracy
Agreement to commit crime
Example of obstruction of justice
Lying
Embezzlement
Take property entrusted to you
Bribery
Offering value for influence
What happens to active participants who decide to withdraw from a conspiracy plan
They are still found guilty for association with any actors
Involved in the conspiracy
5 common property crimes affecting business?
1 robbery 2 burglary 3 larceny 4 obtaining goods under false pretenses 5 theft of trade secrets
Robbery
Use of force/threat of force
Burglary
Enter a structure to commit a crime
Larceny
Carrying away property of another
Example of obtaining goods under false pretenses
Use bad check/credit card
Money laundering
Deposit money from criminal activity (dirty) into bank
account of legitimate business
Racketeer Influenced & Corrupt Organizations Act (RICO)
One who commits 2 or more specified crimes within 10
Year period is guilty of racketeering,
a separate crime in Addition to committed crimes
Why was RICO created
To prosecute members of mafia
RICO: treble damages
Cover 3 times your damages under civil action
Self defense
Reasonable force: all situations
Deadly force: only in defense in belief of death or serious
Bodily harm
Mistake
No intention of mens Rea in crime
Entrapment
Law enforcement gets someone to commit something
Unlawful unless already in business of committing crime
If arrested, the first thing you want to do is?
Call a lawyer
When a boss tells employees in a email to clean up their files, what crimes have been committed? Defense?
1 tampering with evidence: could be conspiracy claim
2 obstruction of justice
Defense: doing what boss said
Failing to disclose a criminal conviction on a department of defense personnel security questionnaire
Equivalent of defrauding government
When the contract says $10K , but the actual costs were $8k and joe and Harry split the $2,000. What crimes are committed?
Conspiracy and larceny
If a CEO is charge with negligent homicide for bad safety standards, what is his defense?
Isn’t in charge of making those decisions
If knowledge if safety standards aren’t realized, that shows
Willfulness
When is a crime not conspiracy?
When only involves 1 person
You need more than one person to agree on something
