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Law > Chapter Six > Flashcards

Chapter Six Flashcards

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1
Q

Crime

A

A wrong against society set forth in a statute and, if committed punishable by society through fines and/or imprisonment-and, in some cases, death

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2
Q

Beyond a reasonable debt

A

the standard proof used in criminal cases, if there is any reasonable doubt that a criminal defendant committed the crime with which she or he has been charged, then the verdict must be “not guilty”

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3
Q

Actus Reus

A

A Guilty (prohibited) act. The commission of a prohibited act is one of the two essential elements required for criminal liability, the other element being the intent to commit a crime.

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4
Q

Mens Rea

A

Mental state, or intent. Normally, a wrongful mental state is a necessary as a wrongful act to establish criminal liability. What constitutes such a mental state varies according to the wrongful action. Thus, for murder the mens rea is the intent to take a life.

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5
Q

Robbery

A

The act of forcefully and unlawfully taking personal property of any value from another. force or intimidation is usually necessary for an act of theft to be considered a robbery.

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6
Q

Burglary

A

The unlawful entry or breaking into building with the intent to commit a felony (some state statutes expand this to include the intent to commit any crime.)

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7
Q

Larceny

A

The wrongful taking and carrying away of another person’s personal property with the intent to permanently deprive the owner of the property. Some states classify larceny as either grand or petit, depending on the property’s value.

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8
Q

Arson

A

the intentional burning of another’s building. Some states have expanded this to include any real property regardless of ownership and the destruction of property by other means- for example, by explosion

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9
Q

Forgery

A

The fraudulent making or altering of any writings in a way that changes the legal rights and liabilities of another.

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10
Q

White collar crime

A

Nonviolent crime committed by individuals or corporations to obtain a personal or business advantage.

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11
Q

Embezzlement

A

The fraudulent appropriation of funds or other property by a person to whom the funds or property has been entrusted

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12
Q

money laundering

A

Engaging in financial transactions to conceal the identity, source, or destination of illegally gained funds.

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13
Q

Felony

A

A crime-such as, murder, arson, rape, or robbery- that carries the most severe sanctions, ranging from one year in a state or federal prison to the death penalty

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14
Q

misdemeanor

A

a lessor crime than a felony, punishable by fine or incarceration in jail for up to one year

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15
Q

petty offense

A

in criminal law, the least serious kind of criminal offense, such as a traffic or building code violation.

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16
Q

Self-Defense

A

The legally recognized privilege to protect oneself or one’s property against injury by another. the privilege applies to acts that are reasonably necessary to protect oneself, one’s property or another person.

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17
Q

Duress

A

unlawful pressure brought to bear on a person, causing the person to perform an act that she or he would not other wise have performed

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18
Q

entrapment

A

in criminal law, a defense in which the defendant claims that he or she was induced by a public offical- usually an undercover agent or police officer- to commit a crime that he or she would not otherwise have committed

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19
Q

Self-Incrimination

A

The giving of testimony that may subject the testifier to criminal prosecution. The fifth amendment to the US constitution protects against self-incrimination by providing that no person “shall be compelled in any criminal case to be witness against himself.”

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20
Q

Plea bargaining

A

the process by which a criminal defendant and the prosecutor in a criminal case work out a mutually satisfactory disposition of the case, subject to court approval; usually involves the defendant’s pleading guilty to a lesser offense in return for a lighter sentence.

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21
Q

Double Jeopardy

A

a situation occurring when a person is tried twice for the same criminal offense; prohibited by the fifth amendment to the US constitution

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22
Q

Search Warrant

A

An order granted by a public authority, such as a judge, that authorizes law enforcement personnel to search particular premises or property.

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23
Q

probable cause

A

reasonable grounds for believing that a person should be arrested or searched.

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24
Q

Exclusionary Rule

A

in criminal procedure, a rule under which any evidence that is obtained in violation of the accused’s rights guaranteed by the fourth, fifth, and sixth amendments to the US constitution, as well as any evidence derived from illegally obtained evidence, will not be admissible in court.

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25
Q

Indictment

A

A charge by a grand jury that a named person has committed a crime

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26
Q

Grand Jury

A

A group of citizens called to decide, after hearing the states evidence, whether a reasonable basis (probable cause) exists for believing that a crime has been committed and that a trial ought to be held.

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27
Q

Information

A

a Formal accusation or complaint (without an indictment) issued in certain types of actions (usually criminal actions involving lesser crimes) by a government prosecutor.

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28
Q

Computer crime

A

Any wrongful act that is directed against computers and computer parts or that involves the wrongful use or abuse of computers or software

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29
Q

Cyber crime

A

A crime that occurs online, in the virtual community of the internet, as opposed to the physical world.

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30
Q

Cyber fraud

A

Any misrepresentation knowingly made over the internet with the intention of deceiving another and on which a reasonable person would and does rely to his or her detriment

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31
Q

identity theft

A

the theft of identity information, such as a persons name, divers license number, or social security number. The information is then usually used to access the victims financial resources.

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32
Q

Trojan Horse

A

A computer program that appears to perform a legitimate function but in fact performs a malicious function that allows the sender to gain unauthorized access to the user’s computer; named after the wooden horse that enabled the greek forces to gain access to the city of Troy in the ancient story

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33
Q

vishing

A

a varation of phishing that involves some form of voice communication. The consumer recieves either a e-mail or a phone call from someone claiming to be from a legitamate buisness and asking for personal information. Instead of being asked to respond by e-mail as in phishing, the consumer is asked to call a phone number

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34
Q

Hacker

A

a person who uses one computer to break into another

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35
Q

Botnet

A

a network of computers that have been appropriated without knowledge of their owners and used to spread harmful programs via internet; short for robot network

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36
Q

malware

A

any program that is harmful to a computer or a computer user; for example, worms and viruses.

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37
Q

Worm

A

A computer program that can automatically replicate itself over a network such as the internet and interfere with the normal use of a computer a worm does not need to be attached to an existing file to move from one network to another

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38
Q

Virus

A

a computer program that can replicate itself over a network, such as the internet, and interfere wit the normal use of a computer. A virus cannont exist as a seperate entity and must attach itself to another program to move through a network

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39
Q

Cyberterriorist

A

A person who uses the internet to attack or sabotage buisness and government agencies with the purpose of disrupting infrastructure systems

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40
Q

Spam

A

bulk e-mails, particulary of commerical advertising, sent in large quantities without the consent of the recipients.

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41
Q

crime is regulated by

A

federal, state, city, and county governments.

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42
Q

Party bringing a civil suit

A

Victim

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43
Q

Party bringing a criminal suit

A

State

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44
Q

Wrongful civil act

A

harm to victim/ victim’s property

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45
Q

Wrongful criminal act

A

violate statute

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46
Q

Burden of proof civil

A

preponderance

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47
Q

burden of proof criminal

A

beyond a reasonable doubt

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48
Q

verdict civil

A

depends

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49
Q

verdict criminal

A

unanimous

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50
Q

Remedy civil

A

damages (compensatory/ punitive)

51
Q

Remedy criminal

A

punishable (fine, imprisonment, death)

52
Q

Violent crimes

A

crimes that cause others harm

53
Q

types of violent crimes

A
  • Murder

- Robbery (the taking of cash, personal property or thing of value from a person by way of force or fear.

54
Q

Property crimes

A

most common type of criminal activity

55
Q

types of property crimes

A
  • burglary
  • larceny (stealing or theft)
  • obtaining goods by false pretenses
  • receiving stolen goods
  • arson
  • forgery
56
Q

Mail and Wire Fraud

A
  • Federal crime to defraud the public

- mail fraud act of 1990

57
Q

Elements of mail and wire fraud

A
  1. mailing or causing to be mailed a writing
  2. for the purpose of executing a scheme to defraud; and
  3. scheme to defraud by false pretenses.
58
Q

Defenses to criminal liability

A
  • Mistake
  • Consent
  • Duress
59
Q

types of mistake

A
  • mistake of law

- mistake of fact

60
Q

mistake of law

A

the law was not published or made reasonably know to the public or the defendant relied on an offical statement of law that was wrong

61
Q

mistake of fact

A

negates the necessary criminal intent

62
Q

example of mistake of fact

A

taking someone’s book by mistake

63
Q

consent

A

the victim of the crime consents to a crime or encourages the defendant to commit the crime

64
Q

duress

A

the defendant was threatened with serious bodily harm or death and the harm threatened must be greater than the harm caused by the crime.

65
Q

Entrapment

A

the police/ government suggested and pressured the criminal defendant into committing a crime

66
Q

statute of limitations

A

the “window of oppertunity” for prosecution of certain crimes.

67
Q

immunity/ plea bargain

A

information exchanged for a lesser sentence or complete immunity from prosecution.

68
Q

M’Naghten Test

A

Did not know the nature and quality of the act or did not know that the act was wrong

69
Q

Irresistible-impulse test

A

may know act is wrong but cannot refrain from doing it

70
Q

Type of white collar crimes

A
  • embezzlement
  • mail and wire fraud
  • bribery
  • bankruptcy fraud
  • theft of trade secrets
  • insider trading
71
Q

embezzlement

A

“stealing” from your employer or a client

72
Q

bribery

A

occurs when a bribe is offered

73
Q

bankruptcy fraud

A

hiding or selling assets

74
Q

Self Defense: deadly force

A

can be used in self-defense if the defender reasonably believes that imminent death or grievous bodily harm will otherwise result, if the attacker is using unlawful force and if the defender has not initiated or provoked the attack

75
Q

Self defense: deadly force alternative

A

in some jurisdictions, deadly force can be used if the person believes it is necessary to prevent commission of a felony in the dwelling.

76
Q

Types of crime

A
  • Robbery
  • Burglary
  • Larceny
  • Arson
  • Forgery
  • Receiving stolen goods
  • obtaining goods by false pretenses.
77
Q

notes robbery

A

taking of money, personal property, or any other article of value from a person by means of force or fear

78
Q

notes burglary

A

breaking and entering the dwelling of another at night with the intent to commit a felony

79
Q

Larceny notes

A

the fraudulent intent to deprive an owner permanently of property

80
Q

arson notes

A

the willful and malicious burning of a building owned by another

81
Q

forgery notes

A

the fraudulent making or altering of any writing that changes the legal rights and liabilities

82
Q

receiving of stolen goods

A

knew or should have known the goods were stolen

83
Q

obtaining goods by false pretenses notes

A

eg using someone’ else’s credit card, knowningly writing a bad check.

84
Q

Felonies

A

most serious crimes- generally punishable by imprisionment for more than one year or by death

85
Q

Misdemeanors

A

if it isn’t a felony it is probably a misdemeanor; petty offenses” are a sub set of misdemeanors. fines and imprisionment for up to one year.

86
Q

Racketeer influenced corrupt organzations act (RICO)

A

organized crime control act of 1970

87
Q

propose of RICO

A

was to halt infiltration of legitmate business by organized crime.

88
Q

under RICO

A

it is unlawful to conduct or acquire an interests in an “enterprise” through a pattern of racketeering activity or through the collection of an unlawful debt.

89
Q

Double Jeopardy

A

No person (shall) be subject for the same offense twice put in jeopardy of life or limb. fifth amendment of the constitution of the United States.

90
Q

Could Ashley Judd “get away with” killing her husband in the movie double jeopardy?

A

no

91
Q

Double Jeopardy means

A

that once a criminal defendant is found not guilty of particular crime, the government may not reindict the person and try him/her again for the same crime

92
Q

Double Jeopardy does not prohibit

A

the filing of a civil suit against the criminal defendant to recover damages

93
Q

Double Jeopardy also does not

A

protect defendants against a “mistrial” in the first criminal case or trial for multiple counts of a crime arising out of a single act or subsequent prosecution by a different “sovereign” (i.e., the federal or state government) for a crime arising out of the same act for which the defendant has already been prosecuted.

94
Q

The exclusionary rule

A
  • fruit of the poisonous tree doctrine

- The miranda rule

95
Q

The Miranda Rule

A

come from Miranda v Arizona

96
Q

Miranda v Arizona

A

Ernesto Miranda amitted to the kidnapping and rape of an 18 year old woman; Miranda was not told of his right to remain silent, his right to have a lawyer present and the possibility that a lawyer could be appointed if he could not afford one.

97
Q

The exclusionary rule case

A

Herring v United States (2009)

98
Q

Constitution protections 4th amendment

A

Unreasonable search and seizures; probable cuase for search/ arrest warrants; probable cause means a “substantial likelihood that the person has committed or is about to commit a crime.

99
Q

Constitution protects 5th amendment

A

Due process of law; double jeopardy; self-incrmination

100
Q

constiutional protections 6th amendment

A

speedy trial; criminal trial by jury.

101
Q

constitutional protections 8th amendment

A

excessive bail/ fines and cruel and unusual punishment

102
Q

Defenses to criminal liability

A
  • infancy
  • intoxication
  • insanity
  • mistake
  • consent
  • duress
  • justifiable use of force/ self defense
  • entrapment
  • statute of limitations
  • immunity
103
Q

Infancy

A

defense to criminal liability any person who has not yet reached the age of majority

104
Q

intoxication

A

defense to criminal liablity has to be involuntary not voluntary

105
Q

Duress

A

defense to criminal liability the wrongful threat of another

106
Q

entrapment

A

defense to criminal liability.

107
Q

The essentials of criminal liability

A
  1. a guilty act

2. the guility state of mind

108
Q

A guilty act

A

the performance of a prohibited act of either “comission or omission -the actus reus

109
Q

The guilty state of mind

A

intent or mens rea (also applies to acts of criminal negligence and recklessness)

110
Q

The essentials of criminal liability theft example

A

theft is a criminal act. The actus reus is the taking of someone’s property. the mens rea is the knowledge that the property belongs to someone else and the intent to deprive the owner of his/her property

111
Q

Case about entrapment

A

US v deLorean 1983

112
Q

US v DeLorean

A

(1983) in the early 1980’s John DeLorean became a celebrity in the auto industry by designing popular sports cars. But by 1982, DeLorean’s business needed 17 Million to survive. The FBI, DEA, customs service, and LAPD orchestrated a sting operation in which they adked DeLorean to invest 1.8 million to import 100 killos of cocaine from South America. DeLorean was told he would make 24 million which he planned to use to salvage his company

113
Q

US v DeLorean aftermath

A

after his arrest, a federal judge acquitted DeLorean of all charges in 1984. The judge ruled that the authorities had entrapped DeLorean by making him an offer that was impossible to refuse.

114
Q

fourth amendment

A

is part of the bill of rights which guards against unreasonable search and seizures, along with requiring any warrant to be judicially sanctioned and supported by probable cause. It was adopted as a response to the abuse of the writ of assistance, which is a type of general search warrant, in the American Revolution. Search and arrest should be limited in scope according to specific information supplied to the issuing court, usually by a law enforcement officer, who has sworn by it.

115
Q

Fourth amendment case 1

A

Mapp v Ohio (1961)

116
Q

Mapp v Ohio

A

Fourth Amendment case (1961) the supreme court ruled that the fourth admendment applies to the states by way of the due process clause of the fourteenth amendment

117
Q

Fourth amedment case 2

A

Katz v United States (1967)

118
Q

Katz v United States (1967)

A

The Supreme Court ruled that the amendment’s protections do not apply when the searched party lacks a “reasonable expectation of privacy”

119
Q

Prosecution of crimes

A

the prosecutor represents government vs the criminal defendant. the evidentiary standard is proof beyond a reasonable doubt.

120
Q

Why the higher evidendiary standard for prosecution of crimes?

A

it is worse to convict an innocent person than let a guilty person go free

121
Q

Prosecution of crime penalties

A

penalties may include monetary fines, imprisionment or death.

122
Q

Who was Ernesto Miranada

A

Ernesto Miranda was retried after the supreme courts decision. in the second case, prosecutors presented evidence from Miranda’s former girlfriend who said that Miranda told her about the kidnapping and rape. Miranda was convicted again and served 11 years before being paroled in 1972. He was arrested and returned to prison several times thereafter

123
Q

Ernesto Miranda’s death

A

Miranda died in 1976 at age 34 after being stabbed during an argument in a bar. the police arrest a suspect who chose to remain silent after being read his rights. The suspect was released and no one was ever charged with the killing.

Law (13 decks)

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