Chapter 10: Criminal Law Flashcards
crime
- positive/negative act that violates a penal law.
- it is an offense against a state or fed gov
- punishments are determined by statutes passed by fed and state legislatures within constitution
civil laws
concerns civil and private rights and remedies
felony
- serious crime
- punished more than a year in prison
- listed in class or degrees
misdemeanors
- less serious
- punished by fine or a year and less in prison
- class A B C
victimless crime
- no party is injured
- e.g: possession of illegal drugs
first degree murder
- murder has been planned
- committed with extreme cruetly
second degree murder
- not premeditated
- lesser punishments
manslaughter
- voluntary - involuntary
- unlawful killing committed recklessly or under influence of extreme mental distress
- heat of passion
white-collar crimes
- nonviolent crimes
- by corporations or individuals
to be convicted of a crime
gov must prove beyond a resonable doubt that
(1) the acused committed illegal act
(2) there was necessary intent or state of mind to commit the act
actus reus
- perform act with wrongful deed (guilty act)
mens rea
- wrongful purpose in the criminal act committed
criminal negligence
- Not intentional
- wrongful b/c someone failed to act w reasonable care that is expected under circumstances
miranda rights
persons accused of a crime, or held in suspicion of a crime, must be informed of their right to remain silent, and statements they make can be used as evidence against them
statute of limitations
if a crime if not prosecuted within the time set by statute of limitations, state loses the right to bring duit
toll
statute of limitations may toll : the clock stops running under circumstances
affirmative defense
defendant attempt to show that even if the prosecution’s claims are true , there are other facts which prevent the claims from constituting the crime charged
e.g: intoxication, insanity, self-defense, trap
entrapment
- legal to string straps on criminals
- entrapment can be a successful defense
- defendant has burden of proof
chain of custody
- evidence must be gathered, handled, presented properly
exclusionary rule
evidence gathered improperly may not be used at trial
- the fruit of the poisonous tree
warrant
- issued by a judge or appointed magistrate who, in the name of state, authorizes an officer to search for and seize any property, often called personal “effects”, that may be evidence of a crime
- must have probable cause
probable cause
reasonable grounds, based on their knowledge to date, believe that a person should be searched or arrested
prosecution process
- evidence would be considered by prosecuting attorney
- determination of what kind of charges to bring
- grand jury review potential cases
- grand jury determines probable cause
- grand jury issue an indictment when so requested by prosecutor
arraignment
- criminal charges filed -> accused is arrested by police based in warrant
- suspect is booked at police station
- arraignment: court appearance when district attorney gives accused copy of criminal charges
- arrange time for trial, bails…
- likely to have an attempt to obtain a plea bargain
nolo contendere - no contest
defendant may plead guilty, no contest, or innocent
discovery in civil
- procedure discovery rules focus on reducing surprises
- parties exchange relevant information before trial
- civil verdicts can be reversed if 1 party surprises another w important evidence
- anything must be turned over if requested
discovery in criminal
- parties do own investigations, disclosing only a subset to another
- before, law enforcement authorities may be conducting an investigation that defendant knows nothing about
- prosecution must disclose exculpatory evidence (evidence that might show defendant not guilty)
- if evidence is exculpatory is made by prosecution lawyers
- defendant has no obligation to disclose to prosecution any evidence showing him guilty
white-collar crime
- criminal activity for financial advantage
- a person dont need to be a high social status to commit such crimes
antritrust
price fixing, anti-competitive practices
- prison term can be as long as 10 yrs
bankruptcy fraud
- person lies/hides assets in bankruptcy proceedings
- creditors are given false information
- illegal pressure applied to bankruptcy petitioners
bribery
offer or taking of money to influence decisions
counterfeiting
copy of genuine item w/o authorization
credit card fraud
unauthorized use of credit card to obtain goods
computer and internet fraud
thief goes through trash to find discarded receipts then use acc numbers illegally
economics espionage
theft or misappropriation of valuable business information
embezzlement
someone is in trust w money then take it for personal use
environmental law violations
fed and state statutes provide for the possibilities of criminal conviction for enviromental harm
financial fraud
fed regulatory agencies oversee banks and other financial institutions
gov fraud
various law goven contracts w public agencies for provision of supplies and construction
- billing for good not delivered, double billing, deliver inferior good
healthcare fraud
over-billing and scams
insider trading
prohibit fraudulent activities of any kind in connection w the offer, purchase or sales of securities
insurance fraud
- insurance company charging higher rates than allowed
- policy holders lie abt the condition of property to get lower rates
mail fraud
fraud commited through mail
money laundering
hiding the truth abt the origins of money
Racketeer influenced and corrupt organizations Act - RICO
- used in wide range of action against persons, businesses, political protest group… aim primarily at Mafia
- in action: seizing defendant’s assets, prevent the transfer of assets, require defendant to post a performance bond
securities fraud
.
tax evasion
-Internal revenue service tracks down persons/businesses fail to file tax returns, fail to report all income, overstate expenses
Telephone and telemarketing fraud
schemes committed through phone
wire fraud
electronic communication involved in illegal activities
sentencing guildelines
created when congress mandated that the courts be given clear rules abt what sentences consistent across country
Guildelines for effective compliance
- compliance standards and procedures that reasonably capable of reducing prospect of criminal conduct
- high-level persons within organization to have overall responsibility to oversee compliance w standards and procedures
- effective communication of standards and procedures to all employees and agents, such as by training
- reasonable steps to achieve compliance w standards by monitoring and auditing the program
- consistent enforcement of standards
- when offenses do occur, reasonable steps to respond to the problem and to prevent further such offenses
