Chapter 8: criminal law and a cyber crimes Flashcards
Accountant-Client Privilege
a state law that provides that an accountant cannot be called as a witness against a client in a court action; federal courts do not recognize this
Arraignment
a hearing during which the accused is brought before a court and is
- informed of the charges against him or her
- asked to enter a plea
Arrest
a situtation in which a person is taken into custody for the alleged commission of a crime
Arrest Warrant
a document for a persons detainment based on a showing of probable cause that the person committed a crime
Arson
the willful or malicious burning of a building
Attorney-Client Privilege
a rule that says a client can tell his or her lawyer anything about the case without fear that the attorney will be called as a witness against the client
Bail
an amount of money established by a court that a person who has been arrested may post with the court in order to be released, usually jail, pending the trial of his or her case
Bail Bond
an instrument that is purchased from a bail bonds person by a person who has been arrested and ordered to post a bond with the court in order be released from custody
Beyond a Reasonable Doubt
a doctrine that requires that the government prove that the accused is guilty beyond a reasonable doubt in order to be found guilty of a crime
Blackmail
the name of a crime that consists of a threat to expose something about another person unless that other person gives money or property
Booking
an administrative procedure that occurs at a police station after person is arrest whereby the arrest is recorded, the suspect is fingerprinted and photographed
Bribery
a crime in which one person gives another person money, property, favors, or anything else of value for a favor in return
Burden of Proof
a burden a plaintiff bears to persuade the trier of fact of the merits of his or her case
Burglary
the taking of personal property from anothers home, office, or commercial or other type of building
Civil RICO
a federal statute that permits a civil lawsuit to be brought by persons injured by a pattern of racketeering to recover treble damages from the racketeer for injury cause to the plaintiffs business or property
Common Crime
ordinary crimes that are committed against persons and property
Corporate Criminal Liability
criminal liability of corporations for actions of their officers, employees, or agents
Counterfeit Access Device and Computer Fraud Abuse Act (CFAA)
a federal statute that makes it a federal crime to access a computer knowingly to obtain
- restricted federal government information
- financial records of financial institutions
- consumer reports of consumer reporting agencies
Crime
a violation of statute for which the government imposes a punishment
Criminal Act (actus reus)
the performance of a criminal act prohibited by law
Criminal Conspiracy
a crime in which two or more person enter into an agreement to commit a crime, and an overt act is taken to a further the crime
Criminal Fraud (false pretense or deceit)
a crime that involves obtaining title to property through deception or trickery
Criminal Intent
mens rea: evil intent
the requisite state of mind when an act was performed for an accused to be found guilty of an intent crime
Criminal Law
laws that prohibit certain conduct and provide an incentive for persons to act reasonably in society and imposes penalties on persons who violate them
Criminal RICO
a federal statute that makes it a crime to acquire or maintain an interest in, use income from, or conduct or participate in the affairs of an enterprise through a pattern of racketeering activity
Cruel and Unusual Punishment
a clause of the 8th Amendment to the US Constitution that protects criminal defendants from torture and other cruel and abusive punishment
Cyber Crime
crimes that committed using computers, e-mail, the Internet, and other electronic means
Defendant
a party who is being sued
Defense Attorney
the lawyer who represents the accused defendant in a criminal trial
Double Jeopardy Clause
a clause of the 5th Amendment to the US Constitution that protects persons from being tried twice for the same crime
8th Amendment
an amendment to the US Constitution that protects criminal defendants from cruel and unusual punishment
Embezzlement
the fraudulent conversion of property by a person to whom that property was entrusted
Exclusionary Rule
a rule that says evidence obtained from an unreasonable search and seizure can generally be prohibited from introduction at a trial or an administrative proceeding against the person searched
Extortion
a threat to expose something unless that other person gives money or property; blackmail
Extortion Under Color of Official Right
extortion of a public official
Felony
the most serious type of crime; inherently evil crime
Felony Murder Rule
a rule that stipulates that if a murder is committed during that commission of another crime, even through the perpetrator did not originally intent to commit murder, the perpetrator is liable for the crime of murder
5th Amendment
provides that no person “shall be compelled in any criminal case to be a witness against himself”
General Intent Crime
a crime that requires that the perpetrator either knew or should have known that his or her actions would lead to harmful results
Grand Jury
a special jury that hears evidence of serious crimes against an accused person, evaluates the evidence presented, and determines whether there is sufficient evidence to hold the accused for trial
Guilty
a plea that may be entered by an accused at her or her arraignment whereby the accused states that he or she committed the crime that he or she is charged with
Hung Jury
a jury that cannot come to a unanimous decision about the defendants guilt
Identity Theft
a theft in which someone steals information about another person and poses as that person and takes the innocent persons money or property or to purchase goods and services using the victims credit information
Identity Theft and Assumption Deterrence Act
a federal statute that makes it a federal crime to knowingly transfer, or use, without authority, the identity of another person with the intent to commit any unlawful activity
Immunity From Prosecution
the governments agreement with a person not to use any evidence given by that person against that person
Indictment
the charge of having committed a crime, based on the judgement of a grand jury
Information
the charge of having committed a crime, based on the judgement of a grand jury
Information Infrastructure Protection Act (IIP Act)
a federal statute that makes it a federal crime for anyone to intentionally access and acquire information from a protected computer without authorization
Intent Crime
a crime that requires the defendant to be found guilty of committing a criminal act with criminal intent
Involuntary Manslaughter
a non-intent crime that occurs when the death of a person results from the reckless or grossly negligent conduct of a another person
Judgement Proof
a situation in which a defendant does not have the money to pay a civil judgement
Kickback (Payoff)
the name of a crime in which one person gives another person money, property, favors, or anything else of value for a favor in return
Larceny
the taking of anothers personal property other than from his or her person or building
Magistrate
a judge
Mail Fraud
the use of mail to defraud another person
Mala In Se
inherently evil
Mala Prohibita
crimes that are not inherently evil but are prohibited by society
Mens Rea
“evil intent” ; the possession of the requisite state of mind to commit a prohibited act
Miranda Rights
rights that a suspect must be informed of before being interrogated so that the suspect will not unwittingly give up his or her 5th amendment rights
Misdemeanor
a less-serious crime; not inherently evil but prohibited by society
Money Laundering
the crime of running illegally obtained money through legitimate business to “wash” the money and make it look as though it was earned legitimately
Money Laundering Control Act
a federal statue that makes it a crime to
- knowingly engage in money transaction through a financial institution involving property from an unlawful activity worth more than 10,000
- knowingly involving the proceeds of an unlawful activity
Murder
the unlawful killing of a human being by another aforethought - element of mens rea
Nolo Contendere
a plea entered by a criminal defendant who has been sued by the government whereby the accused agrees to the imposition of a penalty but does not admit guilt
4th Amendment
protects against unreasonable search and seizure
Nonintent Crime
a crime that imposes criminal liability without a finding of mens rea
Not Guilty
a plea that may be entered by an accused at her or his arraignment whereby the accused states that he or she did not commit the crime that the or she is charged with
Parent-Child Privilege
a privilege granted to an accused through the 5th amendment to the US constitution to keep his or her child or his or her parents from testifying against him or her; could testify if accused is charged with harming his or her parent or child
Penal Code
a collection of criminal statutes
Plaintiff
the party who files a complaint that initiates a lawsuit
Plea
an accused statement whether he or she is guilty or not guilty of the crime charged at his or her arraignment
Plea Bargain
negotiations between an accused and the government with the intent of reaching an agreement between the parties to avoid a trial
Plea Bargain Agreement
an agreement in which the accused admits to a lesser crime than charged and government agrees to impose a lesser sentence than might have been obtained had case gone to trial
Presumed Innocent Until Proven Guilty
a legal rule that provides that a person charged with a crime in the United States is presumed innocent until proven guilty
Priest/Rabbi/Minister/Imam-Penitent Priviledge
a privilege granted to an accused through the 5th Amendment to the US Constitution to keep his or her psychiatrist or psychologist from testifying against him or her
Privilege Against Self-Incrimination
a provision of the 5th Amendment to the US Constitution that provides that a person need not be a witness against himself or herself in any criminal case
Probable Cause
evidence if the substantial likelihood that a person either committed or is about to commit a crime
