Chapter 10 Flashcards
Crime
A wrong against society proclaimed in a statute and punishable by society through fines or imprisonment or death
Who brings this suit
Civil: person who suffered harm
Criminal: the state
wrongful act
Civil: causing harm to a person or to a persons property
Criminal: violating a statute that prohibits some type of activity
Burden of proof
Civil: preponderance of the evidence
Criminal: beyond a reasonable doubt
Verdict
Civil: three-fourths majority
Criminal: unanimous
Remedy:
Civil: damages to compensate for the harm
Criminal: punishment
Beyond a reasonable doubt
The standard used to determine the guilt or innocence of a person
- must be proved guilty beyond a reasonable doubt
Felonies
A crime such as arson, murder, rape, or robbery– that carries the most severe sanctions usually ranging from one year in a state or federal prison to the forfeiture of ones life
Misdemeanors
A lesser crime than a felony, punishable by a fine or imprisonment for up to one year in other than a state or federal prison
Petty offenses
The least serious kind of crime such as traffic or building code violations
What must exist for a person to be convicted of a crime
- The performance of a prohibited act (actus reus)
2. A specified state of mind, or intent on th to part of the actor (mens rea)
actus reus
A guilty (prohibited) act.
Mens rea
A wrongful mental state
- criminal intent
- recklessness
- criminal negligence
strict liability crimes
Offenses that do not require a wrongful mental state
- environmental laws, illegal drugs, etc
Types of crimes
Violent crimes, property crimes, public order crimes, white collar crime, organized crime
Robbery
The act of forcefully and unlawfully taking personal property of any value from another; force or intimidation is usually necessary
aggravated robbery
With the use of a deadly weapon
Violent crimes
Murder
Robbery
Etc
Property crimes
Burglary Larceny Obtaining goods with false pretenses Receiving stolen goods Arson Forgery
Burglary
The unlawful entry into a building with the intent to commit a felony
Larceny
The wrongful taking and carrying away of another persons personal property with the intent to permanently deprive the owner of the property
- stealing or theft without force or fear
Arson
The willful and malicious burning of property
Forgery
The fraudulent making or altering of any writing in a way that changes the legal rights and liabilities of another
- changing trademarks, falsifying public records, counterfeiting, altering a legal document
Public order crime
“Victimless crimes”
- public drunkenness, prostitution, gambling, illegal drug use
White collar crime
No violent crime committed by individuals or corporations to obtain a personal or business advantage
Embezzlement
The fraudulent appropriation of money or other property by a person to whom the money or property has been entrusted
Money laundering
Falsely reporting income that has been obtained through criminal activity as income obtained through a legitimate business enterprise
Self defense
The legally recognized privilege to protect ones self or property against injury by another
Necessity
A defense against liability , this defense is justifiable if the harm or evil sought to be avoided by a given action is greater than that sought to be or prevented by the law defining the offense charged
Duress
Unlawful pressure brought to bear on a person, causing the person to perform an act that he or she would not otherwise perform
- not a defense to murder
Entrapment
A defense in which the defendant claims that he or she was induced by a public official - usually an undercover agent or police officer - to commit a crime that he or she would otherwise not have committed
Defenses to crimes
Justifiable use of force Necessity Insanity Mistake Duress Entrapment
Plea bargaining
The process by which a criminal defendant and the prosecutor in a criminal case work out a mutually satisfactory disposition of the case, subject to court approval; usually involves the defendants pleading guilty to a lesser offense in return for a lighter sentence
Double jeopardy
A situation occurring when a person is tried twice for the same criminal offense; prohibited by the 5th amendment
Exclusionary rule
A rule under which any evidence that is obtained in violation of the accused’ constitutional rights guaranteed by the 4-6 amendments as well as any evidence derived from illegally obtained evidence will not be admissible in court
Exceptions to the Miranda rule
- a defendants statement that reveal the location of a weapon would be admissible under this exception
Indictment
A charge by a grand jury that a reasonable basis (probable cause) exists for believing that a crime has been committed and that a trial should be held
Grand jury
A group of citizens called to decide, after hearing the states evidence, whether a reasonable basis (probable cause) exists for believing that a crime has been committed and whether a trial ought to be held
Information
A formal accusation or complaint (without an indictment) issued in certain types of actions (usually lesser crimes) by a law officer, such as a magistrate
Computer crime
Any violation of criminal law that involves knowledge of computer technology for its perpetration, investigation, or prosecution
Cyber crime
A crime that occurs online in the virtual community of the internet as opposed to the physical world
Cyber fraud
Fraud that involves the online theft of credit card info, banking details, and other information for criminal use
Identity theft
The act of stealing another’s identifying information such as name, date of birth and social security number and using that information to access the victim’s financial resources
Phishing
Online fraud in which criminals pretend to be legitimate companies by using emails or malicious web sites that trick individuals and companies into providing useful info such as bank account numbers, social security numbers and credit card numbers
Botnets
Short for robot network– a group of computers that run an application that is controlled and manipulated only by the software source.
- a group of computers that have been infected by malicious robot software
- each connected computer becomes a zombie or drone
Malware
Malicious software programs designed to disrupt or harm a computer, network, smartphone or other device
Worm
A type of malware that is designed to copy itself from one computer to another without human interaction
Virus
A type of malware that is transmitted between computers and attempts to do deliberate damage to systems and data
