Chapter 10 Criminal Law Flashcards
Breaking and entering into a dwelling with intent of commuting a felony
Some courts omit the “breaking” element
Deadly weapon changes a to b
Burglary
U lawful taking and varying away of someone else’s property with the intent to perminatly deprive the owner of possession
Larceny
Usually grouped into theft
Falls into different statutes in different states
Embezzlement larceny etc.
Obtaining goods by false pretenses
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
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
Willful and malicious burning of a building
Some states also a car or other personal property
Arson
Fraudulent making it altering of any writing in a way that changes legal rights and liabilities of another
Forgery
Public drunkeness
Protitution
Gambling
Illegal drug use
Are all
Public order crimes
Sometimes referred to as victimless crimes bc normally only harm the offender
Justifiable use of force
Self defense
Protect property
Prevent crime
Necessity
Necessary to prevent greater crime
M’naghten
If didn’t know the nature and quality of act of did not know act was wrong
Insanity deffense
Insanity
M’naghten - didn’t know quality and nature of act . Didn’t know it was wrong
Irresistible
Impulse
Mistake
Mistake of fact not of law
Duress
Wrongful threat of person induced another to preform an act that he or she would not otherwise have preformed
CANNOT BE USED IN MURDER
Police or government agents
Entice
Pressure or induce individual to commit
Entrapment
Critical issue of entrapment.
Was ^ predisposed to commit act or only did so because agent induced
Two criminal defenses
One of time
One in exchange for information.
State of limitations
Immunity
Arrest - booking - initial apearence - Preliminary hearing ( or grand jury) - indictment or information- arraignment - trial
Typical procedural steps in a criminal case
Amendment that says
No unreasonable search and seizure
Warrant must be issued with probable cause
4th amendment
No search and siezure
No warrant without cause
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
5th amendment
Right to a speedy public trial by jury
6th amendment
No exes dive bail
No cruel and unusual punishment
8th amendment
Crimes occurring in the business context
White collar crimes
A person who is entrusted with another’s property and fraudulently appropriates it
Embezzlement
Why isn’t embezzlement larceny
Wrong doer does not physically take property
Is embezzlement robbery ?
No because no force or fear is used
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
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
Five categories of criminal acts
Violent crimes Property crimes Public order crimes White collar crimes Organized crime
When a grand jury decides that someone should be charged with a alleged crime such a charge is called an…..
Indictment
Many lessor crimes do not require a grand jury but non the less the individual is formally charged via
Information
Involves the criminal defendant being brought before the court, informed of the charges and asked to enter a plea
Arraignment
Tracking of movements of a vehicle by the authorities requires a warrant
True or false
True
This law is possibly the most significant law addressing cyber crime
Computer fraud and abuse act
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
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
The exclusionary rule states that
Any evidence obtained in violation of the 4th 5th 6th amendment is generally not admissible at trial
Criminal law is what kind of law
Statutory
Under RICO does it matter wether a property owner knows about illegal use or property
No it does not matter
eBay- someone uses eBay to sell an item and item is not delivered
This constitutes
Online auction fraud
Consumer pays directly online for an item that is never delivered
Online retail fraud
An individual who has been the subject of crime can prosecute the alleged criminal
False
Burden of proof in criminal
Proceedings
Beyond a reasonable doubt
Remedy in criminal
Proceedings
Punishment
Fine, imprisonment or death
A physical
Attack can be a tort or crime or both
True
Battery is a tort that provides basis for both criminal and tort action
True or false
True
In criminal
Law the least serious kinds of criminal offenses such as traffic or building code violations
Petty offenses
Lesser crimes than felonies
Punishable by up to a year in prison
Misdemeanors
Crimes such as arson murder- rape- robbery- that carry the most severe sanctions
Felonies
Generally for a crime to have occurred one must have committed the guilty act and had a wrongful mental state
True
The circumstances under which criminal negligence can exist
A person consciously
Disregards a substantial and unjustifiable risk
Criminal negigence can occur when ^ was not aware of the risk
But should have been aware of it
Many of the over 4000 federal crimes do not require a wrongful mental state
True
Wrongful mental state is known as
Men’s rea
Because a corporation is a legal entity And not a person there can never be cooperate criminal liability
False
Under what doctrine can a court impose criminal liability on a corporate officer who knew about a given violation
Responsible corporate officer doctrine
Obtaining goods via false pretense is a crime that involves
Trickery
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
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
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
What enjoys no statute of limitations
Murder
No person shall be compelled to be a Wittness agaiant himself
Fifth amendment
Right to a speedy trial by public jury
Sixth amendment
No excessive bail
No cruel and unusual punishment
8th
No one to be deprived of liberty or property without due process of law
5th
No one can be tried for the same
Crime twice
5th
No unreasonable search and seizure
4th
Warrant must be issued with probably cause
Fourth
A search warrant cannot reach beyond what is described in the warrant
True
Most important Supreme Court case with respect to a criminal defendants procedural right
Miranda VS Arizona
Perhaps the most significant law addressing cyber crime is
Computer fried and abuse act
Which courts have exclusive jurisdiction over copyright claims
Federal courts
Posing as a bank to get someone’s credit card info would be considered
Phishing
A bribe occurs when
The offer is made
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
From birth to 7 years old a person cannot commit a crime beacUse they cannot from the required intent
True
Enacted to prevent payments to foreign giv officials to assist in obtaining or retaining business
Foreign corrupt policies act
Strict criminal liability is common in
3
Environmental laws
Illegal drugs
Laws effecting public health
Strict liability crimes do not require
Men’s rea
