CH 6 - Criminal Law and Cyber Crime Flashcards

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0
Q

PREPONDERANCE OF EVIDENCE

A

A standard of proof that must be met by a plaintiff to win a civil action

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1
Q

BEYOND A REASONABLE DOUBT

A

Standard of proof in criminal cases

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2
Q

ACTUS REUS

A

Criminal act

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3
Q

MENS REA

A

Criminal mind

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4
Q

ROBBERY

A

Act of forcefully and lawfully taking personal property of any value from another

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5
Q

AGGRAVATED ROBBERY

A

Robbery + use of deadly weapons

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6
Q

LARCENY

A

Taking another’s property with the intention to permanently deprive them of it

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7
Q

LARCENY BY TRICK

A

False representations with the intention to defraud a victim into passing title in property to the wrongdoer

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8
Q

BURGLARY

Trespass + Felony

A

Breaking/ entering another’s property to commit a felony

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9
Q

RECEIVING STOLEN GOODS

A

Crime

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10
Q

ARSON

A

Burning/ charring another’s property

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11
Q

FORGERY

A

Altering official docs as checks, birth certificates

Fake ID considered fraud

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12
Q

WHITE COLLAR CRIME

A

Nonviolent crime committed by individuals or corporations to obtain personal/ business advantages

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13
Q

EMBEZZLEMENT

A

Larceny by trust (employer/ employee)

Working relationship doing something against your boss

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14
Q

MAIL + WIRE FRAUD

A

These laws are often applied when persons send out advertisements or e-mails with the intent to obtain cash or property by false pretenses

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15
Q

BRIBERY

A

Coima

Offering money favors to public officials in return for a given favor/ preference

16
Q

INSIDER TRADING

A

Unequal info for trading

17
Q

MONEY LAUNDERING

A

“Dirty $” –> Legit Business –> “Clean $”

18
Q

RICO

A

After money laundering they take over your “legal business”

19
Q

FELONY

A

A crime (arson, murder, rape, robbery) with severe sanctions

20
Q

MISDEMEANOR

A

Lesser crime than a felony (Fine/ jail up to 1 year)

21
Q

ENTRAPMENT

A

Public official pushes you into a crime

22
Q

STATUTE FOR LIMITATIONS

A

Time limit for prosecution

23
Q

PLEA BARGAINING (IMMUNITY TYPE)

A

Criminal defendant + prosecutor work out an agreement to dispose of the criminal case, subject to court approval

24
Q

SEARCH WARRANT

A

Order granted by a public authority to search premises/ property

25
Q

PROBABLE CAUSE

A

Reasonable grounds for believing that a search should be conducted or that a person should be arrested

26
Q

DOUBLE JEOPARDY

A

5th amendment requirement that prohibits a person from being tried twice for the same criminal offense

27
Q

5TH AMENDMENT PROTECTIONS

A
  • Requires due process of law
  • Prohibits double jeopardy
  • Protects against self-incrimination
28
Q

6TH AMENDMENT PROTECTIONS

A

Guarantees several important rights for criminal defendants:

  • a speedy trial
  • a trial by injury
  • public trial
  • right to confront witnesses
  • right to counsel
29
Q

8TH AMENDMENT PROTECTIONS

A

Prohibits:

  • bail and fines
  • cruel and unusual punishment
30
Q

EXCLUSIONARY RULE

A

Prevent evidence that is obtained illegally or w/o proper search warrant from being admissible in court

31
Q

MIRANDA RULE

A

Arrested individuals should be informed of certain constitutional rights