Ch 8 Flashcards
felonies and misdemeanors
158
most serious type of crime
inherently evil crime
most crimes against persons (murder, rape)
certain businesses related crimes (bribery)
actus reus and mens rea
159
actus reus- guilty act
actual performance of a criminal act, killing someone
mens rea- evil intent
possession of the requisite state of mind to commit a prohibited act.
embezzlement
168
fraudulent conversion of property by a person to whom that property was entrusted
bank teller keeping the money rather than depositing it to customers account
extortion
169
threat to expose something about another person unless other person gives money or property.
blackmail
RICO
171
federal act that provides for both criminal and civil penalties for racketeering
mafia
privilege against self incrimination
177
fifth amendment
a person may not be requires to be a witness against him- or herself in a criminal case.
burden of proof in a criminal case
157
on the government to prove that the accused guilty of the crime charged.
Ann took Bonnie’s watch, without Bonnie knowing of the theft. Bonnie subsequently discovered her loss and was informed that Ann had taken the watch. Bonnie immediately pursued Ann. Ann pointed a loaded pistol at Bonnie, who, in fear of being shot, allowed Ann to escape. Wa Ann guilty of robbery? Of any other crime?
Not robbery–it is larceny and assault
Sam said to Carol, “Kim is going to sell me a good used car next Monday and then I’ll deliver it to you in exchange for your computer but I’d like to have the computer now.” Relying on this statement, Carol delivered the computer to Sam. Sam knew Kim had no car and would have none in the future, and he had no such arrangement with her. The appointed time of exchange passed, and Sam failed to deliver the car to Carol. Has a crime been committed? Discuss.
Yes – obtaining property by false pretenses
