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MGMT200 > Chapter 10: Criminal Law > Flashcards

Chapter 10: Criminal Law Flashcards

1
Q

crime

A
  • 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
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2
Q

civil laws

A

concerns civil and private rights and remedies

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3
Q

felony

A
  • serious crime
  • punished more than a year in prison
  • listed in class or degrees
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4
Q

misdemeanors

A
  • less serious
  • punished by fine or a year and less in prison
  • class A B C
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5
Q

victimless crime

A
  • no party is injured

- e.g: possession of illegal drugs

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6
Q

first degree murder

A
  • murder has been planned

- committed with extreme cruetly

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7
Q

second degree murder

A
  • not premeditated

- lesser punishments

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8
Q

manslaughter

A
  • voluntary - involuntary
  • unlawful killing committed recklessly or under influence of extreme mental distress
  • heat of passion
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9
Q

white-collar crimes

A
  • nonviolent crimes

- by corporations or individuals

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10
Q

to be convicted of a crime

A

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

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11
Q

actus reus

A
  • perform act with wrongful deed (guilty act)
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12
Q

mens rea

A
  • wrongful purpose in the criminal act committed
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13
Q

criminal negligence

A
  • Not intentional

- wrongful b/c someone failed to act w reasonable care that is expected under circumstances

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14
Q

miranda rights

A

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

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15
Q

statute of limitations

A

if a crime if not prosecuted within the time set by statute of limitations, state loses the right to bring duit

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16
Q

toll

A

statute of limitations may toll : the clock stops running under circumstances

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17
Q

affirmative defense

A

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

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18
Q

entrapment

A
  • legal to string straps on criminals
  • entrapment can be a successful defense
  • defendant has burden of proof
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19
Q

chain of custody

A
  • evidence must be gathered, handled, presented properly
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20
Q

exclusionary rule

A

evidence gathered improperly may not be used at trial

- the fruit of the poisonous tree

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21
Q

warrant

A
  • 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
22
Q

probable cause

A

reasonable grounds, based on their knowledge to date, believe that a person should be searched or arrested

23
Q

prosecution process

A
  • 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
24
Q

arraignment

A
  • 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
25
Q

nolo contendere - no contest

A

defendant may plead guilty, no contest, or innocent

26
Q

discovery in civil

A
  • 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
27
Q

discovery in criminal

A
  • 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
28
Q

white-collar crime

A
  • criminal activity for financial advantage

- a person dont need to be a high social status to commit such crimes

29
Q

antritrust

A

price fixing, anti-competitive practices

- prison term can be as long as 10 yrs

30
Q

bankruptcy fraud

A
  • person lies/hides assets in bankruptcy proceedings
  • creditors are given false information
  • illegal pressure applied to bankruptcy petitioners
31
Q

bribery

A

offer or taking of money to influence decisions

32
Q

counterfeiting

A

copy of genuine item w/o authorization

33
Q

credit card fraud

A

unauthorized use of credit card to obtain goods

34
Q

computer and internet fraud

A

thief goes through trash to find discarded receipts then use acc numbers illegally

35
Q

economics espionage

A

theft or misappropriation of valuable business information

36
Q

embezzlement

A

someone is in trust w money then take it for personal use

37
Q

environmental law violations

A

fed and state statutes provide for the possibilities of criminal conviction for enviromental harm

38
Q

financial fraud

A

fed regulatory agencies oversee banks and other financial institutions

39
Q

gov fraud

A

various law goven contracts w public agencies for provision of supplies and construction
- billing for good not delivered, double billing, deliver inferior good

40
Q

healthcare fraud

A

over-billing and scams

41
Q

insider trading

A

prohibit fraudulent activities of any kind in connection w the offer, purchase or sales of securities

42
Q

insurance fraud

A
  • insurance company charging higher rates than allowed

- policy holders lie abt the condition of property to get lower rates

43
Q

mail fraud

A

fraud commited through mail

44
Q

money laundering

A

hiding the truth abt the origins of money

45
Q

Racketeer influenced and corrupt organizations Act - RICO

A
  • 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
46
Q

securities fraud

A

.

47
Q

tax evasion

A

-Internal revenue service tracks down persons/businesses fail to file tax returns, fail to report all income, overstate expenses

48
Q

Telephone and telemarketing fraud

A

schemes committed through phone

49
Q

wire fraud

A

electronic communication involved in illegal activities

50
Q

sentencing guildelines

A

created when congress mandated that the courts be given clear rules abt what sentences consistent across country

51
Q

Guildelines for effective compliance

A
  1. compliance standards and procedures that reasonably capable of reducing prospect of criminal conduct
  2. high-level persons within organization to have overall responsibility to oversee compliance w standards and procedures
  3. effective communication of standards and procedures to all employees and agents, such as by training
  4. reasonable steps to achieve compliance w standards by monitoring and auditing the program
  5. consistent enforcement of standards
  6. when offenses do occur, reasonable steps to respond to the problem and to prevent further such offenses

MGMT200 (13 decks)

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