Chapter 6: Criminal Law Flashcards
Prosecution must prove these two things in a crime
- criminal act or omission by the accused
- existence of a wrongful state of mind or intent at time of wrongful act or omission
If a special relationship exists that imposes a duty to act on a bystander, or if the bystander contributed through his actions to placing the victim in a dangerous situation, then the bystander will be guilty if he does not render assistance
criminal omission
(T/F) It is possible to be guilty of a crime without having the required criminal intent in a few kinds of special cases.
True
certain types of behavior that legislatures want to prevent regardless of the intent of the person engaging in the behavior, usually because of the inherently dangerous nature of the behavior and the danger it poses to others
Examples:
- traffic violations (speeding, running a red light, etc)
- driving under the influence
strict liability crimes
(T/F) Whenever a strict liability crime is involved, the the mental state of the person committing the act is relevant.
FALSE
If a person is accused of speeding or running a red light, for example, all that needs to be shown by the prosecutor is that the act occurred. It is irrelevant that the accused did not intend to speed or did not see the red light before crossing it; what is punishable is the act itself.
the most serious crimes and are punishable by more than one year’s imprisonment in a state or federal penitentiary
felonies
less serious criminal offenses that can carry a maxi- mum penalty of one year’s imprisonment
misdemeanors
minor offenses that typically are punishable by a fine or short prison sentence of 30 days or less
violations
Punishable by death or imprisonment from 15 years to life, or by a fine of up to $250,000
first-degree
Punishable by imprisonment of up to 15 years and/or a fine of up to $10,000
second-degree
Punishable by imprisonment of up to 5 years and/or a fine of up to $5,000
third-degree
include minor traffic infractions as well as such offenses as littering and spitting on the sidewalk
common violations
maximum fine for each common violation
$500 or less
nonviolent state or federal crimes committed in a business setting
white collar crime
(1) Not engaging in illegal behavior, even unknowingly;
(2) Keeping clear, concise, and organized records in the event that your business is investigated or subpoenaed;
(3) Complying with all local, state, and federal taxes; and
(4) Complying with all laws regarding workers, such as those from the Occupational Safety and Health Administration (OSHA), workers’ compensation board, Social Security, and the Federal Insurance Contributions Act (FICA).
primary concerns as business manager
- Intentionally accessing a computer without authorization to obtain:
* Information contained in a financial record of a financial institution, or con- tained in a file of a consumer reporting agency on a consumer;
* Information from any department or agency of the United States; or
* Information from any protected computer; - Intentionally accessing without authorization a government computer and affect- ing the use of the government’s operation of the computer; and
- Knowingly accessing a protected computer with the intent to defraud and thereby obtaining anything of value.
Computer Fraud and Abuse Act
intentional burning of another’s home
arson
second-degree felony
Damaging the personal or real property of another purposely, recklessly, or negligently by the use of explosives, fire, or other dangerous means
criminal mischief
can be third-degree felony, a class A, B, or C misdemeanor or a violation, depending on nature and extent of damage caused
breaking and entering any occupied structure with the intent of committing any crime inside
burglary
usually third-degree felony
but can be raised to a second-degree felony in many states if the crime is committed at night, if anyone is injured, or if burglar carries a weapon
Anyone who knowingly enters real property owned by another without permission to do so
Failure to leave another’s property when instructed to do so
criminal trespass
misdemeanor
A theft that is accomplished through either the use of force or the threat of force
robbery
usually second-degree felony
can become first-degree felony if perpetrator inflicts (or attempts) serious bodily harm
The intentional taking and carrying away of the property of another with the intent to permanently deprive the owner of its use
larceny
either 3rd degree felony or misdemeanor, depending on value of stolen property
The misappropriation of property in one’s care belonging to another
embezzlement
either 3rd degree felony or misdemeanor, depending on value of stolen property
A person who purchases or otherwise acquires stolen property
receiving stolen property
either 3rd degree felony or misdemeanor, depending on value of stolen property
A person who knowingly receives the benefit of services that are available for compensa- tion through the use of deception or any physical means to avoid paying for such services
theft of services
either 3rd degree felony or misdemeanor, depending on value of stolen property
any material alteration to a written document issued by another that is made in order to defraud or mislead anyone
forgery
felony or misdemeanor, depending on nature of offense
a check drawn on an account that no longer exists or on an account with insufficient funds to honor the check when it is presented
issue a bad check
misdemeanor
Using a forged or stolen credit card to obtain goods, services, or cash advances and using a credit card after it has been canceled or recalled constitutes
credit card fraud
3rd degree felony if > $500
misdemeanor if < $500
promising to give something of value in exchange for a public official’s official conduct (monetary, sexual, favors, etc)
bribery of a public official
misdemeanor
