Chapter 6: Criminal Law and Cyber Crime

Question 1

Crimes

Answer 1

wrongdoing against society as defined by statute

may result in fines, imprisonment, death

Question 2

Beyond a Reasonable Doubt

Answer 2

Standard of proof (in criminal cases) state has to meet for jury to return verdict of guilty.

Question 3

Felony

Answer 3

Most serious offenses punishable from 1+ year sentence through death penalty.

Question 4

Misdemeanor

Answer 4

less serious / minor offense punishable by fine / one year in jail.

Question 5

Petty Offense

Answer 5

Least serious offense (i.e. traffic / building code violation) punishable by fine / few days in jail.

Question 6

In cases of a petty offense, the defendant ___________ _______ have the right to a jury trial.

Answer 6

does not

Question 7

Two condititions necessary for something to be considered a crime.

Answer 7

1) Actus reus (guilty act)
2) Mens rea (guilty mind)

Question 8

Actus Reus

Answer 8

guilty act necessary to establish criminal liability

Question 9

Mens Rea

Answer 9

guilty mind (wrongful mental state) necessary to establish criminal liability

Question 10

Criminal negligence occurs when the defendant takes an _____________, _____________________, and _________________ risk that results in harm.

Answer 10

unjustified; substantial; forseeable

Question 11

Violent Crime

Answer 11

Crime against persons

Question 12

Robbery

Answer 12

Taking another’s property by means of force or fear.

Question 13

Property Crime

Answer 13

Crime in which defendant seeks economic gain, or damage of property.

Question 14

Burglary

Answer 14

unlawful entry into building / home w/ intent to comit crime.

Question 15

Larceny

Answer 15

Taking another’s personal property / possessions w/ intent to permanently deprive owner of the property.

Question 16

Arson

Answer 16

intentionally burning a building.

Question 17

Forgery

Answer 17

fradulent making / altering of writing in a way that changes legal rights and liabilities of anothre.

Question 18

White Collar Crime

Answer 18

nonviolent illegal acts committed by person or business entity for personal or business-related advantage.

Question 19

Embezzlement

Answer 19

Fraudulent appropriation of funds and property by person entrusted with another’s funds and property.

Question 20

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 ______________.

Answer 20

pockets; third party; account

Question 21

Insider trading

Answer 21

Profiting from sale / purchase of securities based on ‘insider information’ before information is released to the public.

Question 22

Money Laundering

Answer 22

Finanancial transations that concel identity, source, or DESTINATION of illegally obtained funds.

Question 23

Self-Defense

Answer 23

legally recognized privilege to use amount of force necessary to protect yourself, your property, and others (from injury).

Question 24

Duress (Defense)

Answer 24

Person can’t be held liable bc he was pressured / coerced into committing criminal act.

Question 25

Entrapment (Defense)

Answer 25

Person can’t be held liable when enticed to commit crime, by law enforcement (undercover) or govt. agents, (to prosecuted later).

Question 26

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.

Answer 26

person; testimony; trial; legal; exposing

Question 27

Plea Bargaining

Answer 27

When Prosecution and Defense reach mutually agreeable disposition

Agreement between Prosecution and Defense, wherein defendant will recieve more lenient punishment.

Question 28

Search warrant

Answer 28

order from judge authorizing law enforcement to conduct search and seizure.

Question 29

Probable Cause

Answer 29

reasonable grounds, based evidence / facts of case, to make a search.

Question 30

Double Jeopardy (5th Amendment Right)

Answer 30

Can’t be tried twice for the same crime.

Question 31

Exclusionary Rule

Answer 31

Illegally obtained evidence (“fruit of the poisonous tree”) is inadmissable in court.

Question 32

Computer Crime

Answer 32

violation of criminal law wherein computer knowledge is used for perpetration, investigation, prosecution.

Question 33

Responsible Corporate Officer Doctrine

Answer 33

holds corporate officers liable whether or not they had any part in a given criminal violation conducted by the corporation.