CH 6 - Criminal Law and Cyber Crime Flashcards
PREPONDERANCE OF EVIDENCE
A standard of proof that must be met by a plaintiff to win a civil action
BEYOND A REASONABLE DOUBT
Standard of proof in criminal cases
ACTUS REUS
Criminal act
MENS REA
Criminal mind
ROBBERY
Act of forcefully and lawfully taking personal property of any value from another
AGGRAVATED ROBBERY
Robbery + use of deadly weapons
LARCENY
Taking another’s property with the intention to permanently deprive them of it
LARCENY BY TRICK
False representations with the intention to defraud a victim into passing title in property to the wrongdoer
BURGLARY
Trespass + Felony
Breaking/ entering another’s property to commit a felony
RECEIVING STOLEN GOODS
Crime
ARSON
Burning/ charring another’s property
FORGERY
Altering official docs as checks, birth certificates
Fake ID considered fraud
WHITE COLLAR CRIME
Nonviolent crime committed by individuals or corporations to obtain personal/ business advantages
EMBEZZLEMENT
Larceny by trust (employer/ employee)
Working relationship doing something against your boss
MAIL + WIRE FRAUD
These laws are often applied when persons send out advertisements or e-mails with the intent to obtain cash or property by false pretenses
BRIBERY
Coima
Offering money favors to public officials in return for a given favor/ preference
INSIDER TRADING
Unequal info for trading
MONEY LAUNDERING
“Dirty $” –> Legit Business –> “Clean $”
RICO
After money laundering they take over your “legal business”
FELONY
A crime (arson, murder, rape, robbery) with severe sanctions
MISDEMEANOR
Lesser crime than a felony (Fine/ jail up to 1 year)
ENTRAPMENT
Public official pushes you into a crime
STATUTE FOR LIMITATIONS
Time limit for prosecution
PLEA BARGAINING (IMMUNITY TYPE)
Criminal defendant + prosecutor work out an agreement to dispose of the criminal case, subject to court approval
SEARCH WARRANT
Order granted by a public authority to search premises/ property
PROBABLE CAUSE
Reasonable grounds for believing that a search should be conducted or that a person should be arrested
DOUBLE JEOPARDY
5th amendment requirement that prohibits a person from being tried twice for the same criminal offense
5TH AMENDMENT PROTECTIONS
- Requires due process of law
- Prohibits double jeopardy
- Protects against self-incrimination
6TH AMENDMENT PROTECTIONS
Guarantees several important rights for criminal defendants:
- a speedy trial
- a trial by injury
- public trial
- right to confront witnesses
- right to counsel
8TH AMENDMENT PROTECTIONS
Prohibits:
- bail and fines
- cruel and unusual punishment
EXCLUSIONARY RULE
Prevent evidence that is obtained illegally or w/o proper search warrant from being admissible in court
MIRANDA RULE
Arrested individuals should be informed of certain constitutional rights