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Chapter 10 Criminal Law Flashcards

1
Q

Breaking and entering into a dwelling with intent of commuting a felony

Some courts omit the “breaking” element

Deadly weapon changes a to b

A

Burglary

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2
Q

U lawful taking and varying away of someone else’s property with the intent to perminatly deprive the owner of possession

A

Larceny

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3
Q

Usually grouped into theft

Falls into different statutes in different states

Embezzlement larceny etc.

A

Obtaining goods by false pretenses

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4
Q

To receive goods that that a person knows or should know we’re stolen.
Is a crime.

True of false

Need the owner know the true owner or have paid for the goods

A

True it is a crime

The person does not need to know the owner and it doesn’t matter if the person paid for the goods or not

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5
Q

Willful and malicious burning of a building

Some states also a car or other personal property

A

Arson

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6
Q

Fraudulent making it altering of any writing in a way that changes legal rights and liabilities of another

A

Forgery

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7
Q

Public drunkeness
Protitution
Gambling
Illegal drug use

Are all

A

Public order crimes

Sometimes referred to as victimless crimes bc normally only harm the offender

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8
Q

Justifiable use of force

A

Self defense
Protect property
Prevent crime

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9
Q

Necessity

A

Necessary to prevent greater crime

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10
Q

M’naghten

A

If didn’t know the nature and quality of act of did not know act was wrong

Insanity deffense

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11
Q

Insanity

A

M’naghten - didn’t know quality and nature of act . Didn’t know it was wrong

Irresistible
Impulse

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12
Q

Mistake

A

Mistake of fact not of law

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13
Q

Duress

A

Wrongful threat of person induced another to preform an act that he or she would not otherwise have preformed

CANNOT BE USED IN MURDER

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14
Q

Police or government agents
Entice
Pressure or induce individual to commit

A

Entrapment

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15
Q

Critical issue of entrapment.

A

Was ^ predisposed to commit act or only did so because agent induced

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16
Q

Two criminal defenses

One of time

One in exchange for information.

A

State of limitations

Immunity

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17
Q 
Arrest - booking - initial apearence - 
Preliminary hearing ( or grand jury) - indictment or information- arraignment - trial
A

Typical procedural steps in a criminal case

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18
Q

Amendment that says

No unreasonable search and seizure

Warrant must be issued with probable cause

A

4th amendment
No search and siezure
No warrant without cause

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19
Q

Amendment that says

No one tried twice
No one deprived of liberty or property without due process
No person can be forced as a witness against self

A

5th amendment

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20
Q

Right to a speedy public trial by jury

A

6th amendment

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21
Q

No exes dive bail

No cruel and unusual punishment

A

8th amendment

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22
Q

Crimes occurring in the business context

A

White collar crimes

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23
Q

A person who is entrusted with another’s property and fraudulently appropriates it

A

Embezzlement

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24
Q

Why isn’t embezzlement larceny

A

Wrong doer does not physically take property

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25
Is embezzlement robbery ?
No because no force or fear is used
26
This change says It is a federal crime to devise any scheme to defraud the public using Mail Commercial carriers Phone TV Internet email
Mail and wire fraud
27
What three types of bribery are considered crimes
Bribery of Public officials Commercial bribery Bribery of foreign officials May include kickbacks, payoff, special favor, services
28
Five categories of criminal acts
``` Violent crimes Property crimes Public order crimes White collar crimes Organized crime ```
29
When a grand jury decides that someone should be charged with a alleged crime such a charge is called an.....
Indictment
30
Many lessor crimes do not require a grand jury but non the less the individual is formally charged via
Information
31
Involves the criminal defendant being brought before the court, informed of the charges and asked to enter a plea
Arraignment
32
Tracking of movements of a vehicle by the authorities requires a warrant True or false
True
33
This law is possibly the most significant law addressing cyber crime
Computer fraud and abuse act
34
Under the --- it is illegal for U.S. citizens to bribe foreign officials to get new business Violation can result in how many years in prison
FCpA 5 years
35
FCPA
Foreign corrupt practices act Makes it illegal for a U.S. Citizen to bribe a foreign official to get new business Up to 5 years in prison
36
The exclusionary rule states that
Any evidence obtained in violation of the 4th 5th 6th amendment is generally not admissible at trial
37
Criminal law is what kind of law
Statutory
38
Under RICO does it matter wether a property owner knows about illegal use or property
No it does not matter
39
eBay- someone uses eBay to sell an item and item is not delivered This constitutes
Online auction fraud
40
Consumer pays directly online for an item that is never delivered
Online retail fraud
41
An individual who has been the subject of crime can prosecute the alleged criminal
False
42
Burden of proof in criminal | Proceedings
Beyond a reasonable doubt
43
Remedy in criminal | Proceedings
Punishment Fine, imprisonment or death
44
A physical | Attack can be a tort or crime or both
True
45
Battery is a tort that provides basis for both criminal and tort action True or false
True
46
In criminal | Law the least serious kinds of criminal offenses such as traffic or building code violations
Petty offenses
47
Lesser crimes than felonies | Punishable by up to a year in prison
Misdemeanors
48
Crimes such as arson murder- rape- robbery- that carry the most severe sanctions
Felonies
49
Generally for a crime to have occurred one must have committed the guilty act and had a wrongful mental state
True
50
The circumstances under which criminal negligence can exist
A person consciously | Disregards a substantial and unjustifiable risk
51
Criminal negigence can occur when ^ was not aware of the risk
But should have been aware of it
52
Many of the over 4000 federal crimes do not require a wrongful mental state
True
53
Wrongful mental state is known as
Men's rea
54
Because a corporation is a legal entity And not a person there can never be cooperate criminal liability
False
55
Under what doctrine can a court impose criminal liability on a corporate officer who knew about a given violation
Responsible corporate officer doctrine
56
Obtaining goods via false pretense is a crime that involves
Trickery
57
Today RICO ( racketeer influenced and corrupt organizations act) has allowed it to be applied to cases that have little or nothing to do with organized crime
True
58
Generally you can use the amount of non-deadly force nessisary to protect yourself your dwelling, or other property and you will avoid criminal liability
True
59
Mistake of fact rather than mistake of law can often excuse criminal lability if the mistake negates the mental state nessisary to commit a crime
True
60
What enjoys no statute of limitations
Murder
61
No person shall be compelled to be a Wittness agaiant himself
Fifth amendment
62
Right to a speedy trial by public jury
Sixth amendment
63
No excessive bail No cruel and unusual punishment
8th
64
No one to be deprived of liberty or property without due process of law
5th
65
No one can be tried for the same | Crime twice
5th
66
No unreasonable search and seizure
4th
67
Warrant must be issued with probably cause
Fourth
68
A search warrant cannot reach beyond what is described in the warrant
True
69
Most important Supreme Court case with respect to a criminal defendants procedural right
Miranda VS Arizona
70
Perhaps the most significant law addressing cyber crime is
Computer fried and abuse act
71
Which courts have exclusive jurisdiction over copyright claims
Federal courts
72
Posing as a bank to get someone's credit card info would be considered
Phishing
73
A bribe occurs when
The offer is made
74
Taking, money, belongings, article of value by means of force or fear Use of deadly weapon changes charge From a to b
Robbery Aggravated robbery
75
From birth to 7 years old a person cannot commit a crime beacUse they cannot from the required intent
True
76
Enacted to prevent payments to foreign giv officials to assist in obtaining or retaining business
Foreign corrupt policies act
77
Strict criminal liability is common in 3
Environmental laws Illegal drugs Laws effecting public health
78
Strict liability crimes do not require
Men's rea

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