Chapter 6: Criminal Law and Cyber Crime Flashcards
Crimes
wrongdoing against society as defined by statute
may result in fines, imprisonment, death
Beyond a Reasonable Doubt
Standard of proof (in criminal cases) state has to meet for jury to return verdict of guilty.
Felony
Most serious offenses punishable from 1+ year sentence through death penalty.
Misdemeanor
less serious / minor offense punishable by fine / one year in jail.
Petty Offense
Least serious offense (i.e. traffic / building code violation) punishable by fine / few days in jail.
In cases of a petty offense, the defendant ___________ _______ have the right to a jury trial.
does not
Two condititions necessary for something to be considered a crime.
1) Actus reus (guilty act)
2) Mens rea (guilty mind)
Actus Reus
guilty act necessary to establish criminal liability
Mens Rea
guilty mind (wrongful mental state) necessary to establish criminal liability
Criminal negligence occurs when the defendant takes an _____________, _____________________, and _________________ risk that results in harm.
unjustified; substantial; forseeable
Violent Crime
Crime against persons
Robbery
Taking another’s property by means of force or fear.
Property Crime
Crime in which defendant seeks economic gain, or damage of property.
Burglary
unlawful entry into building / home w/ intent to comit crime.
Larceny
Taking another’s personal property / possessions w/ intent to permanently deprive owner of the property.
Arson
intentionally burning a building.
Forgery
fradulent making / altering of writing in a way that changes legal rights and liabilities of anothre.
White Collar Crime
nonviolent illegal acts committed by person or business entity for personal or business-related advantage.
Embezzlement
Fraudulent appropriation of funds and property by person entrusted with another’s funds and property.
An example of embezzling is when a corporate officer ____________ checks, for herself, given to her by a ______________ ___________, that were meant to be placed in a corporate ______________.
pockets; third party; account
Insider trading
Profiting from sale / purchase of securities based on ‘insider information’ before information is released to the public.
Money Laundering
Finanancial transations that concel identity, source, or DESTINATION of illegally obtained funds.
Self-Defense
legally recognized privilege to use amount of force necessary to protect yourself, your property, and others (from injury).
Duress (Defense)
Person can’t be held liable bc he was pressured / coerced into committing criminal act.
Entrapment (Defense)
Person can’t be held liable when enticed to commit crime, by law enforcement (undercover) or govt. agents, (to prosecuted later).
Self Incrimination is when a _______________, who has allegedly committed a crime, gives _______________ during __________, or another ______________ proceeding, and in doing so may be _____________ themselves to criminal prosecution.
person; testimony; trial; legal; exposing
Plea Bargaining
When Prosecution and Defense reach mutually agreeable disposition
Agreement between Prosecution and Defense, wherein defendant will recieve more lenient punishment.
Search warrant
order from judge authorizing law enforcement to conduct search and seizure.
Probable Cause
reasonable grounds, based evidence / facts of case, to make a search.
Double Jeopardy (5th Amendment Right)
Can’t be tried twice for the same crime.
Exclusionary Rule
Illegally obtained evidence (“fruit of the poisonous tree”) is inadmissable in court.
Computer Crime
violation of criminal law wherein computer knowledge is used for perpetration, investigation, prosecution.
Responsible Corporate Officer Doctrine
holds corporate officers liable whether or not they had any part in a given criminal violation conducted by the corporation.
