Chapter 7-14 Flashcards

Question

Child Abuse

Answer 1

-Actions that physically, mentally or emotionally endanger the welfare of a child

Answer 2

-Knowingly acting in a manner likely to be injurious to the physical, mental, or moral welfare of a child

Answer 3

Physical, emotional, or sexual abuse of one's husband or wife

Answer 4

-Infliction of physical or mental harm on elderly persons

Answer 5

-Also known as false arrest, this is the tort or crime of unlawfully restraining a person

Answer 6

-The forcible abduction and carrying away of a person against that person's will

Answer 7

-The carrying away of something ~In kidnapping, the carrying away of the victim *In larceny, the carrying away of the victim's property

Answer 8

-The abduction of another person without a demand for ransom

Answer 9

-The offense of unlawfully taking and confining a person until a specified payment is made to the offender

Answer 10

-The act in which the perpetrator of a robbery or some other crime forcibly detains innocent bystanders

Answer 11

-Action taken by one parent to deliberately retain or conceal a child from the other parent

Answer 12

-A law in force in all fifty states that generally continues jurisdiction for custody of children in the home or resident state of the child

Answer 13

-A federal act adopted in 1980 designed to prevent jurisdictional conditions over child custody matters ~The primary goal of the statute is to reduce an incentive for parental child snatching

Answer 14

-In general, this term refers to all the rights protected by the federal and state constitutional and statutes ~The term is often used to denote the right to be free from unlawful discrimination

Answer 15

-Crimes in which the victim is selected on the basis of race, ethnicity, religion, gender, or sexual orientation

Answer 16

-Crimes against persons are typically a state, rather than a federal legislative function -Assult and battery were misdemeanors under common law -Today, simple assault and battery remain misdemeanors -Assault and battery of public officers are typically felonies -Aggravated assault and aggravated battery are also felonies

Answer 17

-Assault ~The attempt to inflict bodily injury upon another person -Aggravated Assault ~An assault committed with a dangerous weapon or with intent to commit a felony -Battery ~The unlawful use of force against another person that entails some injury or offensive touching -Aggravated Battery ~A battery committed by use of an instrument designed to inflict great bodily harm on the victim

Answer 18

-Assault ~Does not require physical contact with the victim *Shooting in the direction of a person *Threatening someone with a weapon ~Aggravating factors *Deadly weapon *Great bodily harm -Battery ~Requires physical contact with the victim *Hitting or pushing someone *Offensive touching *Using excessive force to break up a fight *Intentionally tripping another person *Using excessive force in disciplining a child

Answer 19

-There is no consensus about what constitutes great bodily harm. Another question is whether psychological harm should be taken into account too -Question ~At what point does spanking a child become child abuse -Case law CA ~Child abuse is the willful infliction of a cruel or inhuman corporal punishment or any injury that result in a 'traumatic condition' -Case ~Four-year-old Timmy threw his breakfast at his mother because he was unhappy that they weren't going to Disneyland for the day. The mother puts him in timeout, but Timmy continues to act up, hitting his mother and spitting at her. Him mother wants to give him a spanking on his butt but misses and hits his head instead. Timmy falls over and hits his head on the floor. The doctor diagnoses a concussion.

Answer 20

-Simple assault and battery ~Prosecutors typically has to prove the act and general (not specific) intent -Aggravated assault and battery ~Prosecutors have to prove specific intent to "do great bodily harm," or "to commit a specific felony" -Defenses ~Statutory law defines the degree of force that can be used by teachers, police, etc. ~Unintentional ~Reasonable ~Self-defense

Answer 21

-Mayhem consisted of willfully and maliciously injuring another so as to render the victim less able in fighting -Statutory crime in most states -Some statutes also includes injuries that disfigure a person -Prosecutors typically have to prove general intent -Most of the crimes that fell under mayhem are now included under aggravated murder and attempted murder

Answer 22

-Intentional or reckless physical or mental harassment, abuse, or humiliation, often as part of an initiation -Hazing frequently occurs in the process of initiation into clubs, fraternities, sororities, athletic teams, and other groups -It mostly involves foolish pranks, but often it also results in serious injury -Many colleges and universities have prohibitions against hazing

Answer 23

-Many colleges and universities have made hazing a chargeable offense ~Harvard 2007 *Following two near-fatal cases of alcohol poisoning, Harvard College approved a new policy under which student organization or athletic team leaders might be held responsible for serious incidents involving hazing or the consumption of alcohol or drugs ~At C.K McClatchy High School students smeared peanut butter all over the door handles and railing. They didn't think about the repercussion this would have for the many students with peanut allergies. While some were warned in time and were able to stay home, one unlucky student was rushed to the hospital because of a peanut allergy attack -What may be the goals of the hazing pranks? -Debate which other ways (as an alternative to hazing) could be used by fraternities to promote cohesion among the members

Answer 24

-Following or placing a person under surveillance and threatening that person with bodily harm, sexual assault, confinement, or constraint, or placing that person in reasonable fear or boidly harm, sexual assault, confinement, or restraint -In 2006, an estimated 3.4 million persons age 18 or older were victims of stalking -In 1990 CA was the first state to make stalking a crime -The Federal statute was amended as part of the Violence Against Women Act (2000) -During the 1990s a number of defendants attacked stalking laws on ground that they violated the First Amendment ~Most courts have upheld the constitutionality of stalking laws

Answer 25

-Harassing and threatening a person through persistent online contact so that the person is placed in fear for his or her safety -Illinois has criminalized cyberstalking as a felony -Several other states have amended their statutory definitions of stalking to include cyberstalking

Answer 26

-Forcible rape is the sexual intercourse by force and against the will of the victim -Statutory rape is the strict liability offenses of having sexual intercourse with a minor, irrespective of the minor's consent -Marital exception (Hale's Rule) remained valid in England until 1991 ~A person can also be charged as an aider or abettor if he or she assisted or procured another man to rape a wife

Answer 27

-Purpose was to protect young women from sexual intercourse ~Age requirements vary from 16 to 18 -Force and consent are irrelevant ~Women under the age of 16, 17u, or 18 are unable to consent due to their age -Strict liability offense, consent is irrelevant -There is considerable opposition to statutory rape laws ~Laws are out of touch with present-day sexual mores ~Deprive women in their late teens of exercising a personal choice

Answer 28

-Gender-neutrality -Criminalizing forcible sex between spouses -Expanding the definition to include rape with foreign objects -Dividing the offense of sexual battery into classifications and degrees -Enacting rape shield laws ~Statutes that protect the identity of rape victim and/or prevent disclosure of a victim's sexual history

Answer 29

-Protect victims or rape from embarrassment and humiliation -Overcome victim's reluctance to testify -Theory is that the victim's prior sexual activity is irrelevant because it says nothing about the question of whether the victim was raped -Judicial Reform ~Victims of rape should receive no more scrutiny that other crime victims ~Women not required to "resist to the utmost"

Answer 30

-Oral or anal sex between persons or sex between a person and an animal (bestiality) -Sodomy can be consensual or unconsensual -Unconsensual sodomy is a crime and is often charged along with rape -Consensual sodomy is not a crime and the US Supreme Court has held that states may not prohibit consensual sodomy between same sex partners

Answer 31

-1994 (Megan Law) ~Upon releasee from prison offenders must register with local law enforcement agencies ~Registration must include their address ~Information is publically available -Debate ~Laws are overly inclusive *They include too many petty offenses such as public exposure **Peeing in the park *Laws punish people based on status rather than wrongful acts

Answer 32

-The US Supreme Court held that Alaska's Sex Offender Registration Act (2003) may be applied retrospectively to defendants who were convicted prior to the implementation of the Act ~Two defendants had challenged the statute on the basis that the statute was punitive cannot be applied retrospectively ~The Court disagreed stating that sex offender registries are not-punitive and that protection of the public has priority

Answer 33

-janet Allison was found guilty of being "party ot the crime of child molestation" because she let her 15-year-old daughter have sex with a boyfriend. They young couple late married. But Ms. Allison will spend the rest of her life pubicaly branded as a sex offender -John Couey, a man with a long criminal history and a history of sex offenses against children, kidnapped, raped, and killed a girl by burying her alive in a 2.5 ft. deep hole under his porch -Currently about three-quartes of a million sex offenders are registered in the US -Debate the problems associated with the large number of registered sex offenders, including supervision, fairness, and effectiveness of the laws

Answer 34

-Actions that physically, mentally, or emotionally endanger the welfare of a child -Since the 1980s child abuse has increased -Assault, battery (aggravate, sexual), neglect -Due of the age and vulnerability of the child they are strict liability crimes -Most misdemeanors -Statutes require medical professionals and social workers to report instances of suspected child abuse -Controversy emerges over the question whether

Answer 35

-Physical, emotional, or sexual abuse of one's husband or wife -Courts can issue protective orders -Violence Crime and Law Enforcement Act of 1994 ~Interstae domestic violence ~Case *Christopher Bailey was convicted of kidnapping, and interstate domestic violence for assaulting his wife and driving her around West Virginia and Kentucky until he finally brought her to an emergency room

Answer 36

-Infliction of physical or mental harm on elderly persons -Often handled through local and state regulatory agencies -Most proceedings are civil -Some states have criminal proceedings ~Illinois *It is a felony to intentionally or recklessly cause injury to a vulnerable elderly person ~Case *Dale and Janice Simerter's uncle was brought to the hospital. Hospital staff recounted that he had not had food in a week, was covered in urine and dried feces, and laid in a fetal position that took at least two weeks to develop. The Simerters were convicted of elderly abuse

Answer 37

-False imprisonment is the crime of unlawful restraining a person -Not all states have statutes that make false imprisonment a crime -Most states with statutes classify it as a misdemeanor -Scenarios ~Unlawful arrest by police officers ~Prison warden fails to release inmate ~Storekeeper detains customer for shoplifting without a basis for such suspicion ~An overzealous male does not allow his female companion to leave the apartment without yielding to his sexual demands

Answer 38

-Kidnapping is forcible abduction and forcibel carrying away of persons against that person's will -Classified as a serious felony ~Simple kidnapping ~Kidnapping for ransom -Asportation ~Carrying away property of the victim -Federal Kidnapping Act ~Implemented after Lindbergh kidnapping ~Hostage taking -Defenses ~Lack of movement ~Consent of the victim

Answer 39

-Action taken by one parent to deliberately retain or conceal a child from the other parent -Typically between divorced or separated couples -Uniform Child Custody Jurisdiction and Enforcement Act ~Continues jurisdiction for custody of children in the home or resident state of the child -Parental Kidnapping Prevention Act ~Designed to prevent jurisdictional conflict over child custody matter. Reduce incentive of parental child snatching

Answer 40

-All rights protected by the federal and state constitutions -Aims to prevent discrimination -Protect individuals from injurious conduct by pubic officials or other person acting under the authority of the government -Conspiracy against rights -Deprivation of rights under color of law

Answer 41

-The US Supreme Court upheld the conviction of Judge David Lanier for threating a women ot deny child custody in order ot extort sexual favors from her in his chamber ~The Court ruled that the Judge acted willfully under the color of state law and had deprived his victim of her constitutional right to be free from sexual assault

Answer 42

-Crimes in which the victim is selected on the basis of race, ethnicity, gender, or sexual orientation -Motivated by bias -Offenses against property and persons -Hate Crimes prevention Act ~Eliminated the requirement that the victim be engaging in a federally protected activity -In more states courts can enhance criminal penalties when defendants are convicted of hate crimes

Answer 43

-Property that has physical form, substance, and value in itself

Answer 44

-A synonym for theft ~At common law, larceny was defined as the unlawful taking of property with the intent of permanently depriving the owner of same

Answer 45

-The crime of obtaining money or property through misrepresentation

Answer 46

-The crime of using a position of trust or authority to transfer or convert the money or property of another to oneself

Answer 47

-Knowing receiving possession and control of personal property belonging to another with the intent to permanently deprive the owner of possession of such property

Answer 48

-Major form of larceny ~Theft of a sufficient value of property to make the crime a felony

Answer 49

-Minor form of larceny ~Theft of property of sufficiently small value that the offense is classified as a misdemeanor

Answer 50

-The willful design to take goods or services from another without permission or authority of law

Answer 51

-The crime of taking money or property from a person against that person's will by means of force or intimidation

Answer 52

-A robbery made worse by one or more aggravating factors, such as the perpetrator being armed with a dangerous weapon or actually inflicting harm on the victim

Answer 53

-Taking a motor vehicle from someone by force and violence or by intimidation

Answer 54

-Also known as blackmail ~The crime of obtaining money or property by threats of force or the inducement of fear

Answer 55

-The vernacular term for extortion

Answer 56

-The crime of making a false written instrument or materially altering a written instrument with the intent to defraud

Answer 57

-The crime of passing a false or worthless instrument, such as a check, with the intent to defraud or injure the recipient

Answer 58

-Making an imitation of something with the intent to deceive ~Making imitations of US coins and currency

Answer 59

-Laws making it an offense to knowingly pass a worthless check

Answer 60

-At common law, breaking and entering a dwelling of another during the nighttime with the intent to commit a felony therein ~Modern statutes typically expand the offense beyond dwellings and eliminate the "nighttime" element

Answer 61

-Forceful, unlawful entry into a building or conveyance

Answer 62

-A more heinous form of burglary, in which the perpetrator is armed with a dangerous weapon or persons are present in the home at the time of the break-in

Answer 63

-The knowing control of instruments, machines, or substances designed to enable one to forcefully break into buildings or vaults in order to carry out the intent to seal or destroy property

Answer 64

-The crime of intentionally burning someone else's house or building ~Now commonly extended to other property as well

Answer 65

-Synonym for vandalism ~The willful destruction of the property of another persons

Answer 66

-Synonym for malicious mischief ~The willful destruction of the property of another person

Answer 67

-Larceny ~All other crimes of theft developed from larceny ~Deprivation of the owner's interest in personal property ~Wrongs concerning a person's land gave raise civil, not criminal, remedies ~Larceny applied mostly to tools, household items, and domestic animals -False Pretenses ~Obtaining money or property through misrepresentation ~Came into being in 1757 before the American Revolution -Embezzlement ~Using a position of trust or authority to transfer or to convert the money or property of another to oneself ~Prosecutor had to prove the accused intended to defraud the victim ~Receiving stolen property

Answer 68

-Modern theft includes larceny, theft of vehicles, shoplifting, looting, carjacking, and extortion -Federal approaches ~18 U.S.C.A. 641 *Places crimes so kindred as to belong in one category ~Embezzlement, theft, receiving stolen goods ~18 U.S.C.A. 659 *Provides penalties for embezzling or unlawful taking the contents of any vehicle moving in interstate of foreign commerce or from passengers therein

Answer 69

-State Approaches ~All states now include tangible and intangible property under the definition of larceny ~Newer statutes include other crimes besides theft and impose penalties based on the amount and character of the stolen property ~Grand theft is a serious misdemeanor ~Intent to deprive *The willful design to take goods or services from another without permission or authority of law

Answer 70

-One of the well-known embezzlement crimes was committed by Bernard Madoff who ran a Ponzi scheme. With this scheme he embezzled money from dozens of people starting in the early 1970s. Investors lost about $18 billion. Among the investors were many middle class persons who lost their entire savings -In 2009 Madoff was convicted of 11 federal felonies and sentenced to 150 years in prison -Discuss the appropriateness of the sentence as compared to sentences given for violent crimes such robbery, murder, and rape

Answer 71

-The crime of taking money or property from a person against that person's will by means of force or intimidation -Under common law, robbery was an aggravated form of larceny where the taking was accomplished by force or violence -Force or violence have to happen before or at the same time as the taking of the victim's property -Offense against the person ~It usually involves assault or battery -Federal Laws ~Statute includes bank robbery *If it is federally chartered institution or its deposits are federally insured ~Prosecutor need only establish general intent -State Laws ~Some states have codified the common law ~Other states classify robbery according to degree ~Aggravated robbery

Answer 72

-The US Supreme Court held that an unloaded gun is a "dangerous weapon" -The display of a gun instills fear in the average citizen; as a consequence, it creates an immediate danger that a violent response will ensue ~McLaughlin and a companion had robbed a bank with an unloaded weapon ~They had argued that an unloaded weapon was not a "dangerous weapon"

Answer 73

-Taking of a motor vehicle from someone by force and violence or by intimidation -Anti-Car Theft Act of 1992 ~Makes it a crime to take a -Amended Statute 18 U.S.C.A. 2119 ~A carjacking *Attempted carjacking ~A carjacking resulting in a serious bodily injury *Attempted carjacking ~A carjacking resulting in death *Attempted carjacking -General intent offense

Answer 74

-The US Supreme Court affirmed the federal carjacking law applies to defendants with the conditional intent of harming drivers who resist ~Holloway was convicted of carjacking. He and his companion had approached occupied vehicles and threatened to kill the occupant if they did not turn over the keys ~The trial judge instructed the jury that the "conditional" intent requirement was met as long as the defendant intended to cause death or serious bodily harm

Answer 75

-Robbery ~Taking money or property from a person against that person's will by means of force or intimidation ~Property is taken by threat of force without consent ~Felonious taking ~Taking property off the victim's "person or immediate presence" ~Requires general intent -Extortion ~Obtaining money or property by threats of force or the inducement of frea ~Also called blackmail ~Property is taken by threat of force with consent ~Property does not have to be taken from the victim's "person or immediate presence" ~Requires specific intent

Answer 76

-The crime of making a false written instrument or materially altering a written instrument with the intent to defraud ~Altering the grades on a college transcript -Under federal law the prosecuting must prove the "intent to pass bad money" -Counterfiting ~Making an intimidation of something with the intent to deceive *Making imitations of US coins and currency

Answer 77

-In 1983, the popular West German magazine Stern made the shocking announcement that they had 62 handwritten diaries from Adolf hitler -The content of the diaries challenged the historical views concerning Hitler's character and actions, presenting him as more amiable than had been documented. Many who had known Hitler personally were shocked because they had experienced firsthand the atrocities committed by him -After a few weeks, it was discovered the diaries were forgeries, even though Stern had asked experts to verify the authenticity of the diaries. Unfortunately, the experts compared the diaries to "original documents" that were also forged by the same person, Konrad Kujau.

Answer 78

-The crime of passing a false or worthless instrument, such as a check, with the intent to defraud or injure the recipient -The word "utter" distinguished the actual forgery from the act of passing a forged instrument ~Knowing delivering a forged check -Generally classified as a felony

Answer 79

-At the beginning of the banking business, the passing of bad checks became a serious problem -At the time it was not classified as forgery -Now states have passed worthless-check statutes ~It is usually classified as a misdemeanor ~Offenders typically have to pay a fee *Recipients (such as stores) often tells customers what the fee is for a bad check

Answer 80

-Breaking and entering a dwelling of another -Someone is guilty of burglary regardless of lawful entry of the dwelling ~Intentionally remaining in a department store with the intent to commit an offense therin after the store closes for the day -Home invasion ~Offender is armed with a dangerous weapon or persons are present in the home at the time of the break-in -Possession of burglar's tools ~If the possession has the intent to use the tools for burglary purposes

Answer 81

-intentionally burning someone else's house or building; now commonly extended to vehicles and structures ~In many states proof of damages by smoke or scorching is sufficient -Prosecution must prove an intentional criminal act -It can be a misdemeanor or felony -Burning property with the intent to defraud an insurance company ~Specific intent crime

Answer 82

-John Orr, a former fire captain and arson investigator for the Glendale Fire Department in Southern Califorina, set a series of fires around Las Angeles during the 1980s and 90s -The fires always started around highways and near arson investigation conventions -John Orr was arrested after police matched a fingerprint on the time-delay device -Orr was sentenced to life in prison

Answer 83

-Synonym from vandalism -Willful destruction of the property of another person ~Graffiti ~Interruption or impairment of transportation, supply of water or gas

Answer 84

-Mistake of fact ~Mary unintentionally takes the wrong jacket the airport -Mistake of law ~Mistakes concerning ownership rights -Lack of intent -Alibi -Insanity -Duress -Intoxication

Answer 85

-Economic offenses characterized by deception or abuse of trust and often involving the use of computers or other modern technologies

Answer 86

-Syndicated involved in racketeering and other criminal activities

Answer 87

-The practice of lending money at illegal rates of interest

Answer 88

-A system of organized crime traditionally involving the extortion of money from businesses by intimidation, violence, or other illegal methods

Answer 89

Corporations charged with criminal offenses

Answer 90

-In white-collar crimes cases, the scope of an agent's authority depends on whether the commission of the offense was authorized, requested, commanded, preformed, or recklessly tolerated by the board of directors or by a high managerial agent acting in behalf of the corporation within the scope of his or her office or employment

Answer 91

-A federal statute prohibiting any contract, combination, or conspiracy in restraint of trade ~The act is designed to protect and preserve a system of free and open competition *Its scope is broad and reaches individuals and entities in for profit and nonprofit activities as well as local governments and educational institutions

Answer 92

-Violations of laws designed to protect the public from price-fixing, price discrimination, and monopolistic practices in trade and commerce

Answer 93

-Sellers unlawfully entering into agreements as to the price of products or services

Answer 94

-Illegally manipulating the submission of bids to obtain a contract, usually from a public body

Answer 95

-Federal law criminalizing fraud and related activities in connection with computers

Answer 96

-Cards, plates, codes, electronic serial numbers, personal identification numbers, and telecommunications services, equipment, instrument identifiers, and other means that can be used to obtain goods or services

Answer 97

-Controversial act of Congress enacted in 2001 to strengthen the federal government's efforts to combat terrorism

Answer 98

-Stealing software, data computer access codes, computer time, and so on

Answer 99

-An offense consisting of obtaining property or services by false pretenses through use of a computer or computer network

Answer 100

-An offense consisting of the unauthorized copying, alteration, or removal of computer data, programs, or software

Answer 101

-Crimes committed using computers and the Internet

Answer 102

-The crime of knowingly producing, using, or trafficking in counterfeit credit cards, personal identification numbers, access codes, account numbers, etc. with the intent to fraudulently obtain money, goods, or services

Answer 103

-The crime of using someone else's personal information ~Such as their name, social security number, or credit card number *Without their permission to commit fraud or other crimes

Answer 104

-Products of the human intellect, such as inventions, plays, stories, films, music, and trade secrets

Answer 105

-A government grant of the right to exclude others from producing or using a discovery or invention for a certain period of time

Answer 106

-A form of legal protection provided to the authors of original literary, musical, artistic, and architectural works as well as videos, computer software, and databases

Answer 107

-The crime of knowing trafficking in conuterfeit labels affixed or designed to be affixed to copies of musical recordings, computer programs, motion pictures, etc.

Answer 108

-A distinctive word, phrase, or graphic symbol used to distinguish a commercial prodcut

Answer 109

-The offense of using a registered trademark to falsely market a product or service

Answer 110

-A formula, pattern, physical device, idea, process, compilation of information, or other information that provides a business with a competitive advantage

Answer 111

-A federal statute making it a crime for a person to knowingly make a false and material statement to a US government agency to obtain a government benefit or in connection with performing work for the government

Answer 112

-Dishonest or deceitful acts committed by one who seeks relief under laws designed to protect honest debtors from their creditors

Answer 113

-A federal statute that makes it unlawful for a person to knowingly present a false or fraudulent claim to the US government

Answer 114

-A federal statute designed to protect patient privacy, promote portability of health insurance coverage, and deter fraud in the provision of medical services

Answer 115

-A scheme devised or intended to defraud or to obtain money or property by fraudulent means, or using or causing the use of the mails in furtherance of the fraudulent scheme

Answer 116

-A fraudulent scheme that uses interstate television, radio, or wire communications

Answer 117

-The offense of disguising illegal income to make it appear legitimate

Answer 118

-Engaging in multiple smaller transactions to avoid currency reporting requirements

Answer 119

-Transactions in securities by a person who operates inside a corporation and, by using material nonpublic information, trades to his or her advantage without first disclosing that information to the public

Answer 120

-The 1934 act of Congress regulating the sale of securities in interstate commerce

Answer 121

-Making purchases and sales of securities in a client's account simply to generate commissions for the broker

Answer 122

-False or deceptive conduct performed with the intent of violating revenue laws, especially the Internal Revenue Code

Answer 123

-An association or group of people that carries out organized crime activities

Answer 124

-A 1946 act of Congress authorizing criminal penalties for whoever in any way or degree obstructs, delays, or affects commerce or the movement of any article or commodity in commerce by robbery or extortion or attempts or conspires so to do, or commit or threatens physical violence to any person or property in furtherance of a plan or purpose to do anything in violation of the act

Answer 125

-Federal law dealing with organized crime ~Title IX of the act is entitled "Racketeer influenced and Corrupt Organizations" and is commonly referred to by the acronym RICO

Answer 126

-A federal law enacted in 1970 imposing civil and criminal liability where two or more acts of racketeering show a pattern of criminal activity carried on by an enterprise ~Many states now have adopted RICo laws

Answer 127

-To obtain a conviction under the federal RICO statute, the government must establish the defendant's involvement in a "pattern of rackteering" that requires proof of the occurrence of at least two predicate acts of racketeering within a period of ten years, excluding any period of imprisonment

Answer 128

-Prior acts of racketeering used to demonstrate a pattern of racketeering in a RICO prosecution

Answer 129

-An individual partnership, corporation, association, union or other legal entity

Answer 130

-White collar crimes are economic offenses characterized by deception or abuse of trust and often involving the use of computers or other modern technologies ~Perpetrators typically come from the middle or upper-class ~Alomst always nonviolent ~Rapid growth of the internet has helped white collar criminals *Identity theft, fraud, theft of intellectual property -Organized crimes are syndicates involved in racketeering and other criminal activities ~Often attempt to gain political influence through graft and corruption ~FBI and US Department of Justice have special units *Racketeering, loan-sharking, drug trafficking

Answer 131

-Prosecution must prove the offender committed the act "knowingly and willfully" -Most offenders are charged under Article 1, Section 8 of the US Constitution, which grants Cngress power over postal, bankruptcy, and taxing matters and authority to regulate interstate domestic and foreign commerce -Federal prosecutors also often charge offenders with conspiracies ~Large-scale corporate fraud ~Telephone, mail, and e-mail solicitations as fraud ~Selling unregistered securities ~Obtaining undeserved diplomas ~Participation in phony contests

Answer 132

-Under common law, corporations could not be held criminally liable for its acts -Its members can be held liable -Strict liability crimes ~No men's rea required -Today, under the rule of the "scope of an agent's authority," corporations can be held liable for the acts of their agents -An agent's scope of authority depends on whether the commission of the offense was authorized, requested, commanded, performed, or recklessly tolerated by the board of directors or by a high managerial agent

Answer 133

-At the beginning of 2001 the energy company Enron was still considered a giant in the market and its sales, profits, and stock were soaring. At the end of 2001 Enron filed for bankruptcy -Starting in early 2001, analysts started to doubt the company's reported profits and questioned Enron's unusual practice of not releasing a balance sheet along with its earning statements -Enron CEOs Skilling and Ken Lay dismissed all criticisms, but investors' confidence started to decreases. Stock values decreased from $80 to $7 within a few months -Skilling and Ken Lay were indicated on several federal charges including making false statement and securities and wire fraud. While the CEO's had lied to their employees and shareholders and persuaded them to keep their shares, Skilling and Lay sold their own shares when they were still high and made a considerable profit. The employees lost all of their retirement savings and their jobs. Shareholders lost millions of dollars -Altogether 16 people plead guilty to criminal charges. Ken Lay committed suicide in 2006

Answer 134

-Sherman Antitrust Act prohibits any contract. combination, or conspiracy in restraint of trade -Goal is to protect free and open competition -Reaches individuals and entities in for-profit and non-profit activities, as well as local governments, and educational institutions -US Justice Department enforces the law ~Two or more entities formed a conspiracy ~Unreasonable restraint of trade or commerce ~Interstate in nature ~General intent

Answer 135

-In 2012 British Airways was fined 58.5 million pounds for fuel price-fixing from 2006 to 2008 -British Airways and Virgin Atlantic conspired in raising fuel surcharges from 5 pounds to 60 pounds per flight, Thus, customers flying in areas serviced by only these two airlines had no choice but to pay the high fuel surcharge -virgin Atlantic received immunity for blowing the whistle on British Airways -Discuss why price-fixing is a criminal offense. Who are the victims of price fixing

Answer 136

-Computer Fraud and Abuse Act of 1984 ~Federal law criminalizing fraud and related activity in connection with computers -It is also a federal crime to "knowingly with intent to defraud" produce, use, or traffic in counterfeit access devices ~Applies to cards, plates, codes, electronic serial numbers, mobile identification numbers, personal identification numbers, telecommunication services, equipment, and instrument identifiers -USA Patriot Act of 2001 expanded the definition of "protected computers" to include computers outside the US that affect "interstate or foreign commerce of communication of the US" -Nearly every state has enacted laws proscribing computer offenses -Antispam laws

Answer 137

-Fraud involving credit cards and debit cards, ATMs, and PINs -The goal is to gain access to money, goods, and services -Includes ~Access device that is cancelled or revoked ~Altered access device ~Counterfeit access device ~Device of person and use by another is not authorized *Hacking into someone's e-mail account

Answer 138

-Christopher Chaney plead guilty to hacking into the e-mail accounts of Scarlett Johansson and 50 other individuals -He was sentenced to 10 years in prison and a fine of $66,179 -Chaney distributed private photos of the celebrities to gossip websites -Debate the importance of safeguarding your identity and personal information. How can you safeguard your information? -What could thieves do with your personal information?

Answer 139

-The crime of using someone else's personal information without their permission to commit fraud or other crimes -Theft of wallets and purses, mail, and computer data, and gathering information from home and car burglaries ~Thieves can change the victim's address, insurance, buy goods, borrow money, etc. -Congress enacted the Identity Theft and Assumption Deterrence Act of 1998 ~Felony offense -Most states have enacted specific statutes

Answer 140

-Products of the human intellect, such as inventions, plays, stories, films, music, and trade secrets -US Constitution, Article 1, Section 8, Clause 8 -Most disputes are civil matters, but some matters fall under criminal jurisdictions ~Patent infringement, copyright infringement, trademark counterfeiting, and theft of trade secrets

Answer 141

-The right to exclude others from producing or using a discovery or invention for a certain period of time ~Medications, Apple iPod technology -Prosecution must prove deceitful intent -Fines or imprisonment

Answer 142

-A form of legal protection provided to the authors of original literary, musical, artistic, and architectural works as well as videos, computer software, and databases -Determination of whether such violation is a felony or misdemeanor depends on the quantity and value of the items distributed -Bootlegging ~Knowingly trafficking in counterfeit labels affixed or designed to be affixed to copies

Answer 143

-No Electronic Theft (NET) Act of 1997 -Copyright infringement can be prosecuted even if the defendant lacks a commercial or financial motive -Fines and prison terms depend on quantity and value of the infringement ~Illegally downloading movies or music from the internet, copying DVD's

Answer 144

-A trademark is a distinctive word, phrase, or graphic symbol used to distinguish a commercial product -Trademark counterfeiting is the offense of using a registered trademark to falsely market a product or service -Trademarks are registered with the US Patent and trademark Office -When a genuine trademark is affixed to a counterfeit product, it becomes a "spurious mark" ~Counterfeit handbags from "Gucci"

Answer 145

-A formula, pattern, physical device, idea, process, compilation of information, or other information that provides a business with a competitive advantage -Frequently handled in civil courts -Economic Espionage Act of 1996 -Also prohibits foreign governments from stealing trade secrets

Answer 146

-It is crime for a person to knowingly made a false and material statement to a US government agency to obtain a government benefit or connection with performing work for the government

Answer 147

-Knowing and fraudulent concealment of assets, taking false oats, and related conduct

Answer 148

-Medicare or Medicaid fraud

Answer 149

-Federal Mail Fraud Statute -Intended to defraud or to obtain money or property by fraudulent means, or using or causing the use of the mails in furtherance of the fraudulent scheme

Answer 150

-Schmuck, a used-car distributor, purchased used cars, rolled back their odometers, and then sold the cars. He was convicted of mail fraud. Schmuck argued that he had not used mailings to further his fraudulent acts -The US supreme Court upheld the conviction stating that mailings by the dealer were essential to his fraudulent acts

Answer 151

-Money laundering is the offense of disguising illegal income to make it appear legitimate -Money Laundering Control Act of 1986 -Crimes fall into three categories Acts committed with intent to promote unlawful activity ~Acts that conceal ownership, control, or source of funds ~Acts designed to avoid certain currency reporting laws -Banks have to report cash deposits in excess of $10,000 ~Structuring is the engagement in multiple smaller transactions to avoid currency reporting requirements

Answer 152

-Ratzlaf ran up a debt of $100,000 playing blackjack at a casino. The casino gave him one week to pay. Ratzlaf paid in sums of $10,000 to pay off his debt to avoid the currency reporting requirement. He was convicted for willfully violating the anti-structuring provision -The US Supreme Court affirmed his conviction by stating that "willfully" means that the defendant acted with knowledge

Answer 153

-Insider trading is the transactions in securities by a person who operates inside a corporation and, by using material nonpublic information, trades to his or her advantage without first disclosing that information to the public ~Martha Stewart *ImClone insider trading affair -Churning is making purchases and sales of securities in a client's account simply to generate commissions for the broker -Ponzi Schemes ~Unknown investors are paid abnormally high rates of return using money from new investors ~The money is never invested; instead it is used to pay off initial investors *Bernard Madoff

Answer 154

-Chiarella printed the announcement of corporate takeover bids. He used that information to purchase stock in companies targeted for takeover. -The US Supreme Court reversed his conviction, stating that Chiarelly had no obligation to disclose the information to everyone because he was not a party to the actual transaction

Answer 155

-False or deceptive conduct performed with the intent of violating revenue laws, especially the Internal Revenue Code -Prosecution must prove a willful act -Violations ~Deliberating underreporting or omitting income ~Overstating the amount of deductions ~Failure to supply information required by law ~Failure of employer to pay over taxes

Answer 156

-Crime syndicates are associations or groups of people that carry out organized crime activities -Hobbs Act ~Authorized criminal penalties for obstruction of the movement of articles or commodity in commerce ~Most prosecutions were based on extortion by public officials using force, violence, or fear

Answer 157

-Imposes civil and crimial liability where two or more acts of racketeering show a pattern of criminal activity carried by an enterprise -Government must prove at least two acts of racketeering ~Predicate acts -Allows the government to seize assets obtained from criminal activities -Increases criminal penalties -Enterprise applies to private and public entities -Also used for white-collar criminals

Answer 158

-Conduct widely considered immoral such as prostitution, gambling, and drug abuse

Answer 159

-Constitutional right to engage in intimate personal conduct or make fundamental life decisions without interference by the government

Answer 160

-Sexual intercourse between unmarried persons ~An offense at common law

Answer 161

-Voluntary sexual intercourse between a married person and someone other than that person's spouse

Answer 162

-The crime of inducing a women to have sexual intercourse outside of wedlock on the promise of marriage

Answer 163

-Oral or anal sex between persons or sex between a person and an animal ~The latter is commonly referred to as bestiality

Answer 164

-Sexual intercourse with a close blood relative or, in some cases, a person related by affinity

Answer 165

-The crime of being married to more than one person at the same time

Answer 166

-The state or practice of having more than one spouse simultaneously

Answer 167

-The practice of selling sexual favors

Answer 168

-The illegal trade in human being for the purpose of migration, labor, or commercial sexual exploitation

Answer 169

-The intentional exposure in public of private areas of a person's body

Answer 170

-Indecent exposure of a person's private parts in public, indecent touching or fondling of a child

Answer 171

-The practice of seeking sexual gratification by observing the naked bodies or sexual acts of others, usually from a hidden vantage point

Answer 172

-Explicit sexual material that is patently offensive, appeals to a prurient or unnatural interest in sex, and lacks serious scientific, artistic, or literary content

Answer 173

-Material that is extremely graphic in its depiction of sexual conduct

Answer 174

-An excessive or unnatural interest in sex

Answer 175

-That which is obviously offensive or disgusting

Answer 176

-Material depicting persons under the age of legal majority in sexual poses or acts

Answer 177

-Operating or playing a game for money in the expectation of gaining more than the amount played

Answer 178

-A drawing in which prizes are distributed to winners selected by lot from among those who have participated by paying consideration

Answer 179

-A common from of illegal gambling in which one places a bet on a number with the hope that it will correspond to a preselected number

Answer 180

-The legal elements that constitute gambling under most statutes that make it an offense to gamble

Answer 181

-The offense of appearing in public while intoxicated

Answer 182

-The crime of driving while intoxicated by alcohol or drugs

Answer 183

-The crime of driving under the influence of alcohol and drugs

Answer 184

-The offense of operating a motor vehicle while one's blood-alcohol level is higher than allowed by law

Answer 185

-A statute that the enacting authority claims will be enforced zealously and without exception

Answer 186

-Any property that is inherently illegal to produce or possess

Answer 187

-A test administered by police to people suspected of driving while intoxicated ~Usually consists of requiring the suspect to demonstrate that ability to preform such physical acts as touching one's finger to one's nose or walking backwards

Answer 188

-A device that detects the amount of alcohol in a sample of a person's breath

Answer 189

-Law providing that by accepting a license, a driving arrested for a traffic offense consents to urine, blood, and breath tests to determine blood-alcohol content

Answer 190

-A federal law listing controlled substances according to their potential for abuse ~States have similar statutes

Answer 191

-Drugs designated by law as contraband

Answer 192

-Items closely associated with the use of illegal drugs

Answer 193

-The practice of employing a set of characteristics through to typify people engaged in drug smuggling in order to identify such persons

Answer 194

-Laws, regulations, or policies that require students or employees to undergo chemical testing of their urine to determine whether they are free of illicit drugs

Answer 195

-Government confiscation of private property obtained through or otherwise involved in criminal activity pursuant to a criminal conviction of the owner of said property

Answer 196

-Taking of property used in or obtained through unlawful activity pursuant to a civil proceeding in which the property itself is named as the defendant

Answer 197

-A specialized court or division of a crout designed to deal specifically with defendants charged with violating laws proscribing the possession and use of controlled substance ~Drug courts emphasized rehabilitation of offenders

Answer 198

-Fornication, adultery, and seduction ~Sexual intercourse between unmarried persons ~Rarely prosecuted today due to changing moral values -Sodomy ~Oral or anal intercouse ~Struck down in Lawrence v. Texas (2003) -Incest ~Sexual intercourse between related persons ~Laws are still intact -Bigamy and Polygamy ~Having one or more spouses ~Rarely prosecuted

Answer 199

-Sexual activity for hire -Illegal in all states except Nevada -Historically laws were directed against the prostitutes -More recent laws also target the solicitor -Critics of law argue that it fulfills a socially desirable function because it furnishes an outlet for sexual impulses ~Lessens sexual attacks on women ~Legalization would help take this activity from organized crime ~Increases ability of police to control many of the problems that accompany unregulated prostitution

Answer 200

-Indecent exposure of “private parts” is usually a misdemeanor. -Lewd and lascivious conduct is an offense that includes indecent exposure, but also indecent touching or fondling of a child. -Courts have generally excluded the buttocks. -Exotic dancing in night clubs or private parties is typically regulated by local ordinances.

Answer 201

-Glen Theatre wanted to provide totally nude dancing, but under Indiana law dancers had to wear pasties or a G-string. Glen Theatre argued that exotic dancing was protected by the First Amendment (freedom of expression). -The U.S. Supreme Court disagreed, stating that Indiana’s law did not violate the First Amendment and Glen Theatre cannot provide nude dancing.

Answer 202

-Obtaining sexual gratification from seeing another persons sexual organs or sexual activities. -Most states only prohibit voyeurism in private places. -It is also prohibited to videotape or otherwise record someone.

Answer 203

-Merchants are not allowed directly observe or make use of video cameras or other visual surveillance devices to observe or record customers in the merchant's dressing room -In 2012, police arrested Robert Liguori, of Mastic Beach, for putting video cameras in a dressing room during a swimsuit fashion show -He was charged with four counts of unlawful surveillance (felony charge)

Answer 204

-Explicit sexual material that is patently offensive -Under common law it was a misdemeanor -Hard-core pornography is material that is extremely graphic in its depiction of sexual conduct -Miller Test ~Whether material appeals to prurient interest ~Whether it is patently offensive -Miller did not satisfy those who sought to ban pornography -Post-Miller ~Does it lack serious artistic value ~First Amendment extends to "gangsta rap"

Answer 205

-Jenkins was convicted of violating Georgia's obscenity law for showing the movie "Carnal Knowledge" in a movie theatre -The U.S. Supreme Court reversed his conviction stating that the film did not fall under obscenity because it did not "focus on the bodies of actors during scenes of ultimate sexual acts" ~It also stated that under Miller, juries do not have unbridled discretion to decide what is "patently offensive"

Answer 206

-Material depicting persons under the age of legal majority in sexual poses or acts -Not protected under the First Amendment -Protection of the well-being of children -Possession of child pornography is also illegal ~Internet has dramatically increased availability -Typically a felony -Child Pornography Prevention Act of 1996 ~Virtual child pornography is also prohibited

Answer 207

-Ferber distributed two films showing 16-year-old boys masturbating. Ferber was indicted under the New York statute that made it a crime to "knowingly promote sexual performances by children under the age of 16" ~He was convicted of two counts of child pornography -The U.S. Supreme Court upheld New York's statute and his conviction stating that the statute was not overly broad and does not violate the First and Fourteenth Amendments

Answer 208

-Operating or playing a game for money in the expecting of gaining more than the amount played -Federal laws and many state laws prohibit gambling ~Exception *Law Vegas -Lotteries are legal; however, and so are state-franchised dog and horse tracks -Prosecuting and Issues ~Consensual nature of gambling makes it difficult to apprehend offenders ~Charitable events (Bingo) ~Gambling via the internet

Answer 209

-"Animal rights" -State laws protect animals from torture, maiming, grossly overworking, lack of food, drink, and shelter, confinement in a cruel manner, and injury -Laws generally also prohibit cockfighting, dog fighting, and other forms of fighting -One of the controversial questions is whether the use of animals for scientific research constitutes cruelty

Answer 210

-U.S. law allows animals to be burned, shocked, poisoned, isolated, starved, drowned, addicted to drugs, and brain-damaged for the purpose of scientific research. For instance, burn experiments are conducted on live pigs and dogs, burning up to one-third of their body to test wound healing with the medication clenbuterol -Animal tests are also used for cosmetic products such as shampoos, soap, toothpaste, The products are often put in the animal's eyes, especially rabbits, to test their impact. The rabbits experience great pain as their eyes are held open for days or even weeks with clips -Researchers have developed very important medications (against cancer, flu, and many other illnesses) using animal testing -Animal rights groups free animal causing millions of dollars in damages and threaten researchers with violent acts -Debate the question whether such practice as described above constitute animal cruelty. Give two arguments for and two arguments against using animal for scientific research

Answer 211

-Oldest and most widely abused drug -In 1919, Congress ratified the Eighteenth Amendment to the Constitution, making alcohol use, manufacture, and sale illegal (Prohibition) -Prohibition lasted until 1933, when it was repealed due to the great impact on the crime rate and lack of support in the population ~Violent crime increase ~Greatly promoted organized crime

Answer 212

-All state prohibit the purchase and use of alcohol by minors -Public drunkenness is typically a misdemeanor -Offenders are usually taken into custody and released once they have sobered up -Growing awareness that alcoholism is a disease ~Some states have new laws that require police to take intoxicated people to treatment facilities rather than the jail or police station

Answer 213

-Driving while intoxicated by alcohol or drugs -All fifty states a blood alcohol level of .08 as the limit -Most states require mandatory jail terms (usually 24-48 hours) for first-time offenders -Jail time increased with subsequent violations -Other Penalties ~Fines and restitution ~Suspension or revocation of driving privileges

Answer 214

-Massechusetts enacted a statute that mandate the "suspension of a driver's license for refusing to take a breath-analysis test upon arrest for operating a motor vehicle while under the influence of liquor" -Montrym appealed his conviction arguing that the statute violated his due process right by not affording him a presuspension hearing -The U.S. Supreme Court decided that the statute was valid because is served a compelling state interest

Answer 215

-Drugs like marijuana and opium have been used for thousands of years -In contract to alcohol, drugs are illegal -The Harrison Act from 1914 criminalized opiate and cocaine use. except for medical purposes as prescribed by doctors -State laws also started to emerge -Marijuana also became illegal in the 1930s after the end of the prohibition

Answer 216

-1972 Uniform Controlled Substance Abuse Act ~Purpose was to achieve uniformity among state and federal laws with regard to the classification of drugs -Schedule I Drugs ~Opiates, hallucinogens, depressants, and stimulants *Drugs that are unsafe for use even under medical treatment -Schedule II Drug ~Cocaine, morphine, amphetamines *High potential for abuse but accepted medical use

Answer 217

-Marijuana violations lead to nearly half of all drug arrest -Marijuana is widely available -Courts have generally declined to reassess its legislative judgment -Marijuana has a medicinal purpose and demand is growing -Between 1996 and 2012, seventeen states legalized small amounts of marijuana for medical use ~Creates a conflict with federal law

Answer 218

-Two women who used marijuana for medical reasons legally in California were arrested by federal agents. The DEA destroyed their marijuana plants -The women filed suit arguing that Congres, under the Commerce Clause, has no right to prohibit the possession and use of marijuana -The U.S. Supreme Court denied the argument stating that the Commerce Clause is broad enough to deal with social problems

Answer 219

-Crystal meth is a stimulant that has become a national epidemic -Many people started to make meth ~Produces highly toxic by products ~Highly flammable -2005 Combat Methamphetamine Epidemic Act ~Increases penalties for smuggling and selling methamphetamine ~Made it more difficult to acquire the precursor chemicals used to make meth

Answer 220

-Many drug-trafficking violations of federal law involve prosecution for conspiracy -Police often depend on confidential informants -Prosecutors have to prove general intent -Prosecution must prove actual or constructive possession ~Actual *Contraband was found on the accused ~Constructive *Person has ownership or control -Proof of intent to sell or distribute drugs ~Direct or circumstantial evidence

Answer 221

-Started under Nixon in 1973 -Mandatory minimum sentences ~Rockefeller Durg laws established the first mandatory prison sentences for drug crimes in New York ~54% of federal prisoners are drug offenders -Drug testing of public employees and public school students ~Confirmed by the U.S. Supreme Court in 1989 -Asset forfeiture ~Forfeiture of property used in connection with drugs or obtained from drug money

Answer 222

-A specialized court or division of a court designed to deal specifically with defendants charged with violating laws proscribing the possession and use of controlled substances -Defenders are diverted into a drug court that includes treatment and constant supervision -The first drug court was implemented in Miami, Fl in 1989 -Currently there are more than 2,000 drug courts

Answer 223

-A report from the Congressional Research Service from 2010 suggests that drug courts are effective in reducing drug use and recidivism among offenders -Drug courts treat drug abuse as a disease that requires long-term treatment, a support system, and supervision -Discuss the consequences of drug use and how it relates to crime -Why is it important to reduce drug use?

Answer 224

-A violation of a criminal provision of an environmental statute such as the Clean Air Act, the Clean Water Act, the Refuse Act, and so forth

Answer 225

-The crime of disposing of garbage of other waste material along a public street or road, or in public parks, beaches, or waterways

Answer 226

-State statutes or local ordinances prohibiting or restricting smoking in all or specified public places

Answer 227

-Local laws restricting the making of excessive noise

Answer 228

-Taking of game illegally, either by hunting protected species, hunting out of season, hunting in areas in which hunting is prohibited, or violating restrictions as to the number or size of animals that may be taken

Answer 229

-Criminal responsibility based solely on the commission of prohibited act

Answer 230

-Federal law that prohibits traffic in food, drugs, and cosmetics prepared or handled under unsanitary circumstances or under conditions that render them injurious to health

Answer 231

-Criminal offenses of statutory origin dealing with public health and the environment. ~The term is also used to denote noncriminal violations of regulations promulgated by government agencies in the executive branch

Answer 232

-The basic standard for liability in civil cases ~The failure to exercise ordinary care or caution

Answer 233

-A person who holds a supervisory position in an organization, and may be subject to criminal liability for regulatory offenses committed by subordinates

Answer 234

-Local law regulating the use of land

Answer 235

-Independent agency within the executive branch of the national government with principal responsibility for the enforcement of federal environmental laws, promulgation of environmental regulation, and administration of environmental programs

Answer 236

-The first major environmental statute enacted by Congress ~The Act authorizes the Army Corps of Engineers to regulate the use of the navigable waters of the U.S.

Answer 237

-A section of the Rivers and Harbor Act that makes it unlawful to discharge refuse matter of any kind into any navigable water of the U.S.

Answer 238

-A federal statute designed to enhance the quality of the air by regulating, deterring, and penalizing polluters

Answer 239

A federal statue designed to enhance the quality of bodies of public water by regulating, deterring, and penalizing polluters

Answer 240

-Any discernible, confined, and discrete conveyance from which pollutants are or may be discharged

Answer 241

-The major federal law dealing with the transportation, storage, and disposal of hazardous waste

Answer 242

-Federal statute authorizing the Environmental Protection Agency to prohibit the manufacture, distribution, or use of chemicals that present unreasonable risks to the environment and to regulate the disposal of such chemicals

Answer 243

-Federal statute commonly known as the Superfund Law ~Its purpose is to finance cleanup and provide for civil suits by citizens *The act also imposes reporting requirements for the collection and disposal od solid wastes **CERCLA imposes criminal penalties on those who act in a supervisory capacity and who are in a position to detect, prevent, and abate a release of hazardous substances

Answer 244

-Federal law enacted in 1978 to protect the environment against noise pollution

Answer 245

-Federal law protecting certain species of migratory birds from hunting within the U.S. and the territories

Answer 246

-Federal statute designed to conserve ecosystems by preserving wildlife, fish, and plants ~The act imposes criminal penalties against any person who knowingly violates regulations issued under the act

Answer 247

-Industrial Revolution ~People recognized the need to protect public health -Health depends on a health environment ~Examples *Environmental crimes, littering, noise, ordinances, anti-smoking laws -Originated from Congress and cities, not common laws -Regulatory agencies -Usually strict liability crimes

Answer 248

-For public offenses the main issue is that offenders often neglect to comply with laws -Offenses are considered mala prohibita -Usually strict liability crimes ~Criminal responsibility based solely on the commission of a prohibited act ~State v. Budd (1980) *It is a criminal offense to dispose of garbage in a ditch, pond, or stream

Answer 249

-Prohibits traffic in food, drugs, and cosmetics prepared or handled under unsanitary conditions that render them injurious to health -Purpose ~Safeguard the consumer -Sets standards for adulterated food -Defined misbranded foods -Classifies misbranded drugs

Answer 250

-There was an attempt to outlaw Coca-Cola because of the excessive amount of cocaine used -Coca-Cola replaced cocaine with caffeine, but the Supreme Court ruled that the amount used was excessive -Coca-Cola agreed to reduce the amount of caffeine in a compromise with the government -Do you think that the government should regulate what consumer can eat and drink by regulation food companies? -Should the government regulate drinks like Monster and Red bull? What are the problems?

Answer 251

-Violations of federal food and drug laws fall under regulatory offenses -Criminal liability attaches without proof of intent for all misdemeanors -Specific intent must be proven for felonies -Critics state that these violations should not be strict liability crimes ~It labels people as criminal who are without moral fault

Answer 252

-Zoning is primarily concerned with the use and regulation of buildings and structures -Planning is a broader term embracing the systematic and orderly development of a community -Local zoning ordinances -Enforcement via administration of civil courts -Most violations are misdemeanor -No intent requirement

Answer 253

-Commerce Clause ~Enables Congress to enact laws protecting the environment -Environmental agencies ~Most state agencies coordinate with the Environment Protection agency (EPA) -Rivers and Harbors Act (1899) ~It is a misdemeanor to discharge refuse matter of any kind into a navigable water

Answer 254

-The U.S. Supreme Court held that the government can prosecute those who discharge refuse into navigable waters ~Pennsylvania Industrial Chemical Corp. have been convicted of discharging iron and concrete pipes into navigable waters without a permit

Answer 255

-Sets federal standards for air quality -The purpose is to enhance the quality of air by establishing stricter standards -There are criminal sanctions for violations and falsifying documents ~Enforcement is the responsibility of the states and local governments ~Punishments consists mostly of fines, but imprisonment is a possibility, too

Answer 256

-Federal Water Pollution Control Act (1972) ~Regulates industrial discharge into navigable waters -Rapanos v. U.S. (2006) ~Navigable waters are only relatively permanent standing or flowing bodies of water ~Prohibits discharge of pollutants from any point source -Courts tend to hold personnel with supervisory functions to high standards

Answer 257

-Gulf of Mexico -Oil spill flowed for three months from a BP oil platform after an explosion on April 20, 2010 that killed 11 men and injured 17 others -The spill caused extensive damage to the marine and wildlife habitat and destroyed the beaches -BP was sentenced to pay $4.5 million in fines -What other consequences of the oil spill con you think of?

Answer 258

-Details regulations for hazardous waste -Penalties ~Fines ~Up to five years in prison -States are encouraged to establish standards -Illegal actions include ~Transporting hazardous waste to unpermitted facilities ~Storing, disposing, or treating hazardous waste without a permit -Omitting material information or making a false statement

Answer 259

-Prohibits the manufacture, distribution, and use of chemicals that present unreasonable risks to the environment and to regulate the disposal of such chemicals -Primarily civil penalties, but criminal prosecution is possible ~Rboert Earl Ward Jr.

Answer 260

-Food, drug, and cosmetics are protected and distributed by corporations -Corporate officers can be held accountable if they failed to supervise production and distribution ~Misbranding of food due to the lack of control mechanisms -U.S. v. Park (1975) ~Park had failed to use his authority in operating the company to prevent food storage in contaminated places

Answer 261

-The U.S. Supreme Court stated that corporate officers can be held criminally liable for acts of the corporation ~Dotterweich's company had purchased drugs from various pharmaceutical manufacturers and put their own label on the drugs ~This was considered misbranding -The U.S. Supreme Court upheld Dotterweich's conviction arguing that he was in responsible position to prevent public danger

Answer 262

-Congress passed the Quite Communities Act in 1978 ~Details prohibited acts and punishment -Staes and local governments are responsible for protecting communities against noise pollution ~For instance, apartments may prohibit the use of loud audio equipment -Supreme Court held that ordinances must provided a required clear notice and sufficiently definite warning of prohibited

Answer 263

-The government has restricted smoking in public buildings and places of public accommodating and transportation ~Airplanes, Buses, Schools -Flordia Initiate ~ State-enacted laws prohibiting smoking in restaurants and other public places ~Exception are stand-alone bars ~Punishment is fines

Answer 264

-New York's Comprehensive Smoking Ban ~People may not smoke in places of employment, indoor areas of bars and restaurants, subways, and numerous other enclosed areas -The future of smoking bans ~Laws are becoming more restrictive ~Most constitutional attacks on non-smoking regulations based on equal protection and due process grounds and the right of privacy have failed

Answer 265

-A state has to protect wildlife by regulating fishing in public and private streams and by controlling the taking of game -Migration Bird Act ~Protects certain species of migratory birds from hunting ~Violation is typically a misdemeanor ~It is a felony to take bird with intent to sell

Answer 266

-Designed to conserve ecosystems by preserving wildlife fish and plants -Imposes criminal penalties against any person who knowingly violates regulations issued under the act ~Nesting Sea Turtles

Answer 267

-Whales are an endangered species -Whales were hunted excessively for their oil, and to be used for food, clothing, and other products -As technology advanced more and more whales were killed -1946 International Convention for the Regulation on Whaling -Why is it important to protect endangered species and wildlife in general?

Answer 268

-A group of individuals, usually five or more, assembled to commit an unlawful act or to commit a lawful act in an unlawful manner

Answer 269

-At common law, a disturbance of the peace that was similar to a riot but failed to carry out the intended purpose

Answer 270

-A public disturbance involving acts of violence, usually by three or more people

Answer 271

-Crimes that disturb the public tranquility and order ~A generic term encompassing disorderly conduct, riot, etc.

Answer 272

-The crime of instigating or provoking a riot

Answer 273

-Illegal behavior that disturbs the public peace or order

Answer 274

-The common-law offense of going about without any visible means of support

Answer 275

-Standing around idly ~"hanging out"

Answer 276

-Minor crimes or infractions involving the operation of motor vechicles

Answer 277

-Violations of laws restricting or prohibiting the manufacture, sale, transfer, possession, or use of certain firearms

Answer 278

-Laws regulating the manufacture, importation, sale, distribution, possession, or use of firearms

Answer 279

-Controversial act of Congress enacted in 2001 to strengthen the federal government's efforts to combat terrorism

Answer 280

-A federal law enacted in 1968 that made it a crime to travel or use interstate or foreign commerce facilities in connection with inciting, participating in, or aiding acts of violence

Answer 281

Unnecessarily loud sounds that interfere with the public peace health and welfare ~Sounds emitted that exceed the levels permitted by law or ordinance

Answer 282

-Local laws requiring people, typically minors, to be off the streets by a certain time of night

Answer 283

-Begging for money in public

Answer 284

-Rules for the operation of motor vehicles on the public streets

Answer 285

-Non-criminal violations of a law ~Often refer to minor traffic violations

Answer 286

-Court of limited jurisdiction whose main function is the adjudication of traffic offenses and other minor misdemeanors

Answer 287

-The recent trend toward treating minor motor vehicle offenses ~Speeding *As civil infractions rather than crimes

Answer 288

-Laws requiring automobile drivers and passengers to wear seat belts

Answer 289

-Laws requiring that children below a specified age be restrained by approved safety devices when riding in automobiles

Answer 290

-The offense of using a cell phone or other handheld device to send text messages or emails while operating a motor vehicle

Answer 291

-An offense that in and of itself justifies police stopping and citing or arresting a motorist

Answer 292

-An offense that does not in and of itself justify police stopping and citing a motorist ~Police can issue a citation for a secondary offense only if they have stopped a driver for a primary offense

Answer 293

-This phrase, from the Second Amendment to the U.S. Constitution, refers to a citizen army subject to government regulations ~In the early history of the U.S., the militia was the set of able-bodied men who could be pressed into military service by the governor of the state *The National Guard is its modern counterpart

Answer 294

-A weapon carried on or about a person in such a manner as to hide it from the ordinary sight of another person

Answer 295

-This 1968 statute prohibits firearms dealers from transferring handguns to people who are younger than twenty-one, nonresidents of the dealer's state, and those who are otherwise prohibited by state or local laws from purchasing or possessing firearms. -It also forbids possession of a firearm to, people in a number of categories, including convicted felons, users of controlled substances, those adjudicated as incompetent or committed to mental institutions, illegal aliens, those dishonorably discharged from the military, those who have renounced their citizenship, and fugitives from justice

Answer 296

-Federal statute making it a crime "for any individual knowingly to possess a firearm at a place that the individual knows, or has reasonable cause to believe, is a school zone." -This law was declared unconstitutional by the U.S. Supreme Court in U.S. v. Lopez (1995)

Answer 297

-Legislation passed by Congress in 1993 requiring a five-day waiting period before the purchase of a handgun, during which time a back-ground check of the buyer is conducted

Answer 298

-The crime of making war against one's own government or giving aid and comfort to its enemies

Answer 299

-The crime of turning over state secrets to a foreign government

Answer 300

-The crime of infiltrating and destroying a nation's war-making capabilities

Answer 301

-The crime of advocating or working toward the violent overthrow of one's own government

Answer 302

-The crime of inflicting terror on a population through the indiscriminate killing of people and destruction of property, often with explosive devices

Answer 303

-A federal statute designed to effectuate reforms in the administration of the death penalty by curtailing successive petitions for habeas corpus by prisoners sentenced to death

Answer 304

-Wrongfully seizing control of an aircraft by force, violence, the threat of force or violence, or any other form of intimidation

Answer 305

-Under the law of nations, a robbery at sea

Answer 306

-Weapons designed to kill large numbers of people and/or damage extensive areas ~Includes nuclear, radiological, biological, and chemical weapons

Answer 307

-Violations of criminal provisions of the immigration and Nationality Act, a federal law that relates to immigration

Answer 308

-Government has an obligation to protect public order and safety ~Ciminal law -Government must also protect the security of the nation ~Military forces and intelligence agencies ~Criminal law

Answer 309

-Crimes against public order are rooted in the common law ~Includes breaches of the peace, inciting a riot, disorderly conduct, and violation of noise ordinances ~If three or more people met together with the intention of cooperating to disturb the public peace is was considered an unlawful assembly ~If they took steps to achieve their plan it was a rout ~If they executed their plan it was a riot

Answer 310

-Primary responsibility rests on local and state governments ~Ordinances prohibit unlawful assemblies and riots ~Disorderly conduct -Conflict between keeping peace and the First Amendment rights ~Right to free speech and assembly ~May be restricted only where necessary to achieve a compelling public interest

Answer 311

-The U.S. Supreme Court stated that the First Amendment rights to free speech and assembly cannot be restricted on the sidewalk in front of the Supreme Court because the sidewalk is not part of the Court ~Mary Grace has been told by police that, according to statute 40 U.S.C.A she could not hold up her sign displaying the text of the First Amendment on the sidewalk in front of the Supreme Court. ~The statute was declared unconstitutional on the basis that the First Amendment cannot be restricted on public grounds

Answer 312

-In proscribes interstate travel and use of mail, telegraph, radio, or television with intent to incite, encourage, participate in, or carry on a riot ~To aid or abet any person in inciting or participating in a riot or committing any act of violence in furtherance of a riot -The Act has been challenged for its vagueness -In 1972 the U.S. Court of Appeals for the Seventh Circuit held that the Anti-Riot Act is not unconstitutionally vague or overly broad

Answer 313

-The U.S. Supreme Court reversed the conviction of several students who had need convicted for breaching the peace ~The students had been watching the speeches and singing of several African American students. The police asked them to disperse and when they failed to do so arrested the students ~The Court argued that the students were peaceably expressing their opinion ~The Fourteenth Amendment does not permit the State to make criminal the peaceful expression of unpopular views

Answer 314

-The Occupy Wall Street Movement started on September 17, 2011 protesting social and economic ineqality and the corporation on government -The protesters were gathing in Zuccotti Park, located in New York City's Wall Street -The FBI and DHS had monitored Occupy Wall Street as a terrorist threat -The police put up barricades, which were pushed back by the protesters who were then arrested

Answer 315

-In the feudal England vagrancy referred to ~Being without visible means of support ~Being without employment ~Being able to work, but refusing to do so -In the 1800 American states defined a wide variety of conduct as vagrancy -By the 1950s laws were mostly limited to alcoholics and derelicts -In 1972 the US Supreme Court ruled the statutes were too vague, but most states continued their practices against homelesss and alcoholics for years

Answer 316

-The US Supreme Court stated that the vagrancy statuse was so vage as to lead to arbitrary arrests and conviction for vagrancy ~Papachristou had been convicted for violating a Jacksonville vagrancy ordinance

Answer 317

-After Papchristou, the states began to enact new laws ~More narrow ~Focused on preventing crime, such as prostitution -Several cities and states enacted an ordinance against loitering ~Many were held unconstitutiona;;y vage ~Loitering laws must focus on conduct, not a peron's status or association -Homeless People in Flordia ~It is a violation of law to overnight in public places

Answer 318

-The US Supreme Court held that Chicago's Gang Congregation Ordinance was unconstitutionally vague ~Chicago enacted the ordinance which states that police officres may arrest anyone whom he reasonably believes to be a gang member loitering in a public place ~The Court argued that orsinance was unconstitutional because it did not specify which behaviors were prohibited and therefore failed to give ordinary citizens adequate notice

Answer 319

-Before Papachristou v. City of Jacksonville, vagrancy laws regularly included ordinances against begging -After the Court invalidated the vagrancy laws, cities enacted new ordinances against begging, which were called panhandling -The US Supreme Court has not takten up the constitutionality of these statutes yet -State Courts have typically struck down ordinance laws against begging in public

Answer 320

-Mostly strict liability offenses ~Speeding, failing to yield the right-of-way, wearing a seat belt, texting while driving, etc. -1980s Rule of the Road ~Made traffic rules more uniform across states ~But there are still many differences -Decriminalizing traffic offenses ~Until 1960s most offenses were misdemeanors ~Offenses are not crime, but a civil infraction ~Traffic courts

Answer 321

-More than 300,000 violent crimes were committed with firearms in 2008 -The Second Amendment protects the right to bear firearms -People who are mentally ill or who have a felony record are excluded from this right -States and the Federal Government have the right to impose gun regulation laws ~Background checks ~Concealed weapons

Answer 322

-In 2012 Adam Lanza went on a rampage killing 26 people at Sandy hook Elementary school in Connecticut -The victims included his mother, 20 children, and 6 teacherws and administrators -Discuss the dangers associated with the ease of access to weapons and the fact that statistivally, on average, each American owns one firearm

Answer 323

-Treason ~The crime of making war against one's own government or giving aid and comfort to its enemies ~No one has been convicted of treason since World War II -Espionage ~The crime of turing over state secrets to a foreign government ~Intelligence Identities Protection Act of 1982-

Answer 324

-Sabotage ~The crime of in infiltration and destroying a nation's war-making capabilities ~Includees sabotage during war or national emergency ~30 year mandatory prison sentence -Sedition ~The crime of advocating or working toward the violent overthrow of one's government ~Sedition Act of 1798

Answer 325

-Terrorism is the crime of inflicting terror on a population through the indiscriminate killing of people and destruction of property, often with explosive devices -Anti-Terrorism and Effective Death Penalty Acgt of 1996 ~Expanded federal jurisdiction with respect to investigation and prosecuting of international terrorism ~Enacted after the Oklahoma City bombing

Answer 326

-Enacted after the terrorist attacks on 9/11 -Prohibits ~Support for terrorist orgnizations inside and outside the US ~Racketeering and fraud in connection with certain cybercrimes ~Possession of biological weapon -Allows for ~Civil forfeiture ~Secret warrants and searches

Answer 327

-Aircraft piracy ~Wrongfully seizing control of an aircraft by force, violence, the threat of force or violence, or any other form of intimidation ~Includes civil (Commercial and private) and military aircrafts -Naval piracy ~A robbery at sea ~Carries a life sentence as the maximum penalty

Answer 328

-Since 2005 piracy off the coast of Somalia has greatly increased -Pirates attacked commercial shops, but also military vessels -The pirates argue they are portecting their territorial waters from illegal dumping of toxic waste by commercial ships ~The toxic waste destroyed the fishing grounds and the Somali fishermen turned to piracy -Others agured the financial gain is the main motivation

Answer 329

-Weapons designed to kill large numbers of people and/or damage extensive areas -Includes nuclear, radiological, biological, and chemical weapons -The threat of using weapons of mass destruction is also a criminal offense. ~Johnie Wise and Jack Abbott Grebe were convicted for threatening to use biological weapons. They had sent e-mails to government agencies

Answer 330

-Violations of criminal provisions of the Immigration and Nationality Act, a federal law that relates to immigration -Congress has plenary power over immigration -Most immigrants come over the southern border -Political differences between Democrats and Republicans have hindered a unified approach towards illegal immigration

Answer 331

-The crime of offering, giving, requesting, solicitating, or reciving something of value to influence a decision of a public official

Answer 332

-Offering, solicitating, or accepting a benefit or consideration in respect to a business or professional matter in violation of a person's duty of fidelity

Answer 333

-Offering anything of value to a participant or offical in an amateur or professional athletic contest to vary his or her performance

Answer 334

-The crime of making a material false statement under oath

Answer 335

-A requirement that to prove a defendant guilty of perjury, the prosecution must prove the falsity of the defendant's statements either by two witnesses or by one witness and corroborating documents or circumstances

Answer 336

-Commission of the offense of perjury by a witness who makes conflicting statements under oath

Answer 337

-The crime of procuring someone to lie under oath

Answer 338

-The withdrawal or repudiation of previous statement ~In some instances, a person who has lied under oath is permitted to recant to avoid being charged with prejury

Answer 339

-The crime of impeding or preventing law enforcement or the administration of justice

Answer 340

-The crime of obstructing or opposing a police officer making an arrest

Answer 341

-The crime of concealing a felony committed by another

Answer 342

-The acceptance of money or something else of value in exchange for an agreement not to prosecute a person for committing a crime

Answer 343

-Unlawfully fleeing to avoid arrest or confinement

Answer 344

-A person found to be in contempt of court

Answer 345

-Being held in contempt of court pending the performance of some court-ordered act

Answer 346

-Punishment imposed by a judge against a person who violates a court order or otherwise intentionally interferes with the administration of the court

Answer 347

-An obstructive or insulting act committed by a person in the immediate presence of the court

Answer 348

-An act committed outside the presence of the court or obstructs a judicial proceeding

Answer 349

-Breaches of public trust ~Can lead to the erosion of public trust -Common law offenses ~Bribery, perjury, and subornation of perjury, resisting arrest, obstruction of justice, compunding a crime, and escape ~Offenses were misdemeanors ~Concept of criminal contempt *Maintain authority of the court *Respect due to judicial officers

Answer 350

-The crime of offering, giving, requesting, soliciting, or receving something of value to influence the decision of a public official -Felony under modern law -Often associated with white-collar and organized crime ~Obtaining a government contract -Prosecuting must prove act and corrupt intent -The only recognized defese is entrapment

Answer 351

-Commercial bribery includes certain corrupt business practices ~Fraudulent acts of purchasing agents -Sports bribery is the offer in an amateur of professional athletic contest to vary his or her performance ~Includes accepting bribes

Answer 352

-In the figure skating competition a panel of judges from different countries evaluate the performance -During the Olympics the Frencg and Russian judges exchanged bribes to secure wins for their teams ~The Russian judges voted for the French ice dancers and in return the French judges voted for the Russian pairs

Answer 353

-Making a false statement under oath ~Witnesses in court ~Filing a false tax return -Prosecution must prove that the defendant took and oath and made a false statement while under oath -Two-witness rule ~Prosecution must prove the falsity of the defendant's statement either with two witnesses or one witness and corroborating documentation or evidence

Answer 354

-The US Supreme Court held that the materiality of the witness statement is a question for the jury ~Gaudin was on trial for making false statements to the Department of Housing and Development about loan documents -The trial judge instructed the jury that the issue of materiality was a court matter -The Supreme Court disagreed and reversed Gaudin's conviction

Answer 355

-Federal statutes prohibit making false statements without taking an oath ~Rod Blagojevic -Criticism ~It is unfair for the government to prosecute someone merely for denial of wrongdoing -The government cannot charge someone for refusing to talk to them

Answer 356

-Recantation ~Withdrawal or repudiation of previous statements ~Sometimes also possible when a person lied under oath -Nelson v. State (1985) ~The court held that retraction of a false statement is a defense if the retraction occurs in the same proceeding and the statement is retracted before it becomes manifest that the fabrication is or will be exposed

Answer 357

-Roger Clemens was a famous baseball pitcher and was accused of using performance enhancing drugs -At a congressional hearing in 2008 he lied about his use of steroids and human growth hormone to imporve his performance ~Called doping -He was tried for making false statements and perjury -The prosecution based its case mainly on one key witness ~His doctor Brian McNamee *Asked for a prison term -The jury found him not guilty in 2012

Answer 358

-The crime of impeding or preventing law enforcement or the administration of justice -Examples ~Obstructing an officer, tampering with jurors or witnesses, and preparing false evidence ~Delaying or hindering the apprehensionn of persons sought by law enforcement -There is a duty for citizens to come to the assistance of law enforcement officers upon request

Answer 359

-Casey Anthony was charged with murdering her two-year old daughter Caylee -Casey failed to report her daughter missing for several weeks -Caylee was found dead a few weeks later -The defense argued that Caylee had accidentally drowned in the pool and that Casey was too afraid to report it to the authorities

Answer 360

-Compunding a Crime ~The acceptance of money or something else of value in exchange for an agreement not to prosecute a person for committing a crime ~It is a statutory crime -Misprision of Felony ~Concealing the felony committed by another ~It is not a statutory crime for most states ~States rely on statutes making it an offense to become an accessory after the fact to an offense ~It is a felony offense under federal law

Answer 361

-Unlawfully fleeing to avoid arrest or confinement -Puinshment is more severe if the escape is forceful -Prosecutor must typically establish specific intent ~Not returing to custody after furlough or temporary release ~Escaping from a detention facility

Answer 362

-Unlawful confinement or custody ~Sometimes used by people who were imprisoned innocent (State v. Dickson, 1980) -Duress or necessity ~People v. Lovercamp (1974) ~Specific threat of death ~Courts have not recognized inhumane conditions or lack of medical treatment as a necessity defense

Answer 363

-The US Supreme Court held that the defendants should have rendered to authorities as soon the duress or necessity had lot its coercive force ~Bailey and three other prisoners escaped from prison by crawling through a window ~They argued that the conditions in prison were intolerable and escape was necessary ~The court upheld their conviction for escape

Answer 364

-Criminal Contempt ~Being held in contempt of court pending the performance of some courtordered act ~Goal is to coerce the person to obey a court order *Failing to pay court-ordered child support -Civil Contempt ~Violation of a court order or otherwise intentionally interfering with the administration of the court ~Embarrassment of the court

Answer 365

-Direct Contempt ~An obstructive or insulting act committed by a person in the immediate presence of the court ~Disruption of the examination of a witness -Usually handled summarily -Indirect Contempt ~An act committed outside the presence of a court that insult the court or obstructs a judicial proceeding -Constructive contempt ~Juror who discusses the facts of a case with a news reporter -Proceddings are more formal

Answer 366

-The US Supreme Court upheld the conviction of 11 lawyers of the Communist Party for violating the Smith Act ~The Smith Act prohibits acts with the goal to overthrow the US government -The defendants were convicted for "their presistent obstructive colloquies, objections, arguments, and many groundless charges against the court

Answer 367

-Act of purposefully impeding lagislative activities ~Failue to answer questions pertinent to the question under inquiry ~Failing to appear as a witness ~Refusal to produce requested documents -Prosecutor must prove deliberate and intentional refusal

Answer 368

-The US Supreme Court overturned the conviction of Watkins for failing to answer questions about the other susptected Communists ~He was convicted for legislative contempt ~The US Supreme Court overruled the conviction stating that his due process rights were violated ~The court was also concerned about possible violations of the First Amendment

Answer 369

-Refers to the set of doctrines under which individuals are held accountable for criminal conduct

Answer 370

-A defense in which the defendant denies committing the crime or claim that the prosecution lacks sufficient evidence of the defendant's guilt

Answer 371

-A defense to a criminal charge in which the defendant admits to the criminal act but denies criminal responsibility

Answer 372

-The standard of proof that is constitutionally required to be met before a defendant can be found guilty of a crime or before a juvenile can be adjudicated as a delinquent

Answer 373

-Evidence that has greater weight than countervailing evidence

Answer 374

-Defense to a criminal charge that places the defendant at some place other than the scene of the crime at the time the crime occurred

Answer 375

-The condition of being below the age of legal majority

Answer 376

-Condition in which a person has impaired physical or mental capacities due to the ingestion of drugs or alcohol

Answer 377

-The state of becoming drunk or intoxicatied of one's own free will

Answer 378

-Intoxication that is not the result of a person's intentional ingestion of an intoxicating substance ~A person may become involuntarily intoxicated through the trickery or fraud of another person or through the inadvertent ingestion of medicine

Answer 379

-A degree of mental illness that negates the legal capacity or responsibility of the affected person

Answer 380

-A plea that admits criminal conduct but raises the insanity defense

Answer 381

-Under this rule, for a defendant to be found not guilty by reason of insanity, it must be clearly proved that , at the time of committign the act, the defendant was suffering such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or if he did know it, that he did not know what he was doing was wrong

Answer 382

-A test for insanity that allowed a person who knew an act was wrong but acted under an uncontollable desire or duress of mental disease to be excused from a criminal act

Answer 383

-A test for determining insanity developed by the US Court of Appeals for the District of Columbia Circuit in the case of Durham v. US (1954) ~Under this test, a person is not criminally responsible for an unlawful act if it was the product of a mental disease or defect

Answer 384

-A test proposed by the American Law Institute to determine if a defendant is legally insane

Answer 385

-The doctrine that a person is not responsible for criminal conduct if at the time of such conduct, as a result of mental disease or defect, the person lacked substantial capacity either to appreciate the wrongfulness of his or her conduct or to conform his or her conduct to the requirements of the law

Answer 386

-An act of Congress that specifies that insanity is an affirmative defense to a prosecution under a federal statute and details the requirements for establishing such a defense

Answer 387

-An evidentiary standard that is higher than the standard of "preponderance of the evidnect" but lower than the standard of "beyond a reasonable doubt"

Answer 388

-A form of verdict that may be rendered in some states where the jury finds that the defendant's mental illness does not deprive the defendant of substantial capacity sufficient to satisfy the insanity test but warrants the defendant's treatment in addition to incarceration

Answer 389

-The condition under which a person performs a set of actions during a state of unconsciousness

Answer 390

-The use of illegal confinement or threats of harm to coerce someone to do something he or she would not do otherwise

Answer 391

-A condition that compels or require a certain course of action

Answer 392

-An erroneous opinion of legal principles applied to a set of facts

Answer 393

-A defense asserting that a criminal defendant acted from an innocent misunderstanding of fact rather than from a criminal purpose

Answer 394

-The necessary and reasonable use of force by a person in self-defense, defense of another, or defense of property

Answer 395

-The degree of force that may result in the death of the person against whom the force is applied

Answer 396

-Force that does not result in death

Answer 397

-The protection of one's person against an attack

Answer 398

-The commonlaw requirement that a person being attacked "retreated to the wall" before using deadly force in self-defense

Answer 399

-Statutes providing that a person faced with a threat of bodily harm may use force to repel the threat and is not required to retreat

Answer 400

-Under this test, the judge or jury places themselves in the shoes of a hypothetical reasonable and prudent person to defendant's use of deadly force was permissible

Answer 401

-A test used by courts to deremine whether it was approprite for a defendant to use deadly force in self-defense ~Under this approach, the jury is asked to place itself in the shoes of the defendant

Answer 402

-A group of symproms typically manifested by a woman who has suffered continued physical or mental abuse, usually from a male with whom she lives

Answer 403

-A group of symptoms typically manifested by a child who has suffered continued physical or mental abuse, often from a parent or person having custody of the child

Answer 404

-The maximum degree of force that is necessary to accomplish a lawful purpose

Answer 405

-The defense asserted by one who claims the right to use reasonable force to prevent the commission of a felony against another person

Answer 406

-The right of a defendant charged with an offense to assert that he or she used reasonable force to protect his or her home or property

Answer 407

-An exception to the retreat rule allowing the use of deadly force by a person who is protecting his or her home and its inhabitants from attack, especially from a trespasser who intends to commit a felony or inflict serious bodliy harm

Answer 408

-Exemption from civil suit or prosecution

Answer 409

-A grant of immunity that forbids prosecutors from using immunized testimony as evidence in criminal prosecutions

Answer 410

-A grant of immunity applying to all offenses that a witness's testimony related to

Answer 411

-A grant by a prosecutor with approval of a court that makes a witness immune from prosecution in exchange for the witness's testimony

Answer 412

-A privilege to be free from arrest and prosecution that is granted under international law to diplomats, their staff, and their household members

Answer 413

-Either of two special immunitites given to members of Congress ~The exemption from arrest while attempting a session of the body to which the memebr belongs, excluding an arrest for treason, breach of the peace or a felony ~The exemption from arrest or questioning for any speech or debate entered into during a legislative session

Answer 414

-The condition of being tried twice for the same criminal offense

Answer 415

-Evidence that falls short of establishing what is required by law, usually refferring to evidence that does not legally establish an offense or a defense

Answer 416

-The balance or preponderance of the evidence ~Weight of the evidence is to be distinguished from "legal sufficiency of the evidence," which is the concern of an appellate court

Answer 417

-That which is clearly or boviously necessary or essential

Answer 418

-A test applied by courts to deter- mine if the charges against a defendant would con- stitute a violation of the constitutional prohibition against double jeopardy— that is, being tried twice for the same offense. ~The Blockburger test holds that it is not double jeopardy for a defendant to be tried for two offenses if each of- fense includes an element that the other offense does not

Answer 419

- A test applicable to the Double Jeopardy Clause of the Fifth Amendment. ~If, to establish an essential element of an offense charged, the government will prove conduct that constitutes an offense for which the defendant has already been prosecuted, a second prosecution is barred

Answer 420

- Test that bars separate punish- ment for offenses that have the same elements or for one offense that includes or is included in another offense

Answer 421

- A law proscribing prosecu- tions for specific crimes after specified periods of time

Answer 422

- Causing to cease. ~For example, one who conceals himself or herself from the authorities gener- ally causes a tolling of the statutes of limitation on the prosecution of a crime

Answer 423

-The act of government agents induc- ing someone to commit a crime that the person would not otherwise be disposed to commit

Answer 424

- Whether the defendant’s criminal intent originated in the mind of the police officer or the defendant was pre- disposed to commit the offense

Answer 425

- Under this approach to determining whether police engaged in entrap- ment, a court inquires whether the police meth- ods were so improper that they were likely to induce or ensnare a reasonable person into committing a crime

Answer 426

-Singling out defendants for prosecution on the basis of race, religion, or other impermissible classifications

Answer 427

-Criminal responsibility refers to a set of doctrines under which individuals are held accountable for criminal conduct. -Stems from the English common law ~Justification and excuse defenses ~Mistake of fact ~Self-defense -Fifth Amendment furnishes immunity defense and double jeopardy

Answer 428

-Negative Defenses ~Defendant denies committing the crime. ~Prosecution lacks sufficient evidence of defendant’s guilt. ~Alibi defense ~Prosecutor must prove guilt beyond a reasonable doubt -Affirmative Defenses ~Defendant admits criminal act but denies criminal responsibility. ~There was a justification or excuse, or defendant lacked the capacity to form criminal intent. ~Defendant must prove affirmative defense by a preponderance of the evidence

Answer 429

-Infancy ~Children under a certain age are not able to form criminal intent. ~Under common law the age was set as 7. ~With the development of juvenile courts age limitations decreased. *Kent v. United States (1966) *Rehabilitation is the main goal ~Under certain circumstances children can be tried as adults

Answer 430

-Attorney General’s National Task Force on Children Exposed to Violence has released a report that calls for an end to laws and regulations that prosecute children as adults in adult courts. -More than 200,000 children are tried as adults each year. -The youngest children who have been sentenced to life were 13 years old. Many children tried as adults for violent crimes were exposed to violence and abuse at a young age. Current law ignores the social problems and dysfunction that causes these crimes. -In 2012, 32 members of Congress urged U.S. Attorney General Eric Holder to strengthen federal regulations and essentially prohibit states and localities from incarcerating any person younger than 18 in an adult prison or jail as a

Answer 431

-Voluntary intoxication is not typically accepted as an excuse defense. ~But it is in some states used to determine whether the defendant could form specific intent. ~Most courts reject this defense for general intent crimes. -Involuntary intoxication through trickery or fraud or inadvertent ingestion of medicine ~Removes criminality from an act

Answer 432

-A degree of mental illness that negates the legal capacity or responsibility of the affected person. -M’Nathten rule ~At the time of committing the act, the defendant was suffering such a defect of reason that he did not know what he was doing was wrong. ~Irresistible impulse test -Durham test ~Mental disease or defect ~Did not receive support -ALI standard ~Substantial capacity test -Current federal law ~Insanity Defense Reform Act of 1984 *Psychiatric evidence of impaired volitional control is inadmissible. *Psychiatric evidence may be used to negate specific intent. ~Clear and convincing evidence standard *Burden of proof was shifted to the defendant. -Some states have abolished insanity defense

Answer 433

-Eric Clark was charged with killing a police officer. He asserted the insanity defense due to suffering from paranoid schizophrenia. ~The Arizona law did not include part of the M’Naghtan rule “the defendant did not understand the nature and quality of the act” and Clark was convicted of first-degree murder. ~He appealed and the U.S. Supreme Court ruled that the Arizona statute did violate Clark’s due process rights and that states may refuse to allow psychiatric testimony short of insanity to negate mens rea requirements

Answer 434

-Duress ~The use of illegal confinement or threats of harm to coerce someone to do something he or she would not otherwise do. -Necessity ~Forces beyond the actor’s control ~Economic duress has not been accepted -Consent ~Physical injury consented to must result from conduct that is not intended to cause serious injury. -Mistake of law ~Erroneous opinion of legal principles ~Ignorance is no excuse -Mistake of fact ~Innocent misunderstanding of fact rather than from criminal purpose