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BULE 302 - Exam 4 > Criminal Law > Flashcards

Criminal Law Flashcards

1
Q

Michael Vick case:

basic

A
  • Dogfighting, animal cruelty
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2
Q

Michael Vick case:

details

A
  • EDVA, Richmond Division
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3
Q

Michael Vick case:

ruling/outcome

A
  • Pleaded guilty to federal charges
  • Served about 18 months in federal prison
    • Restitution Submitted by US attoryney
    • Signed by AUS Attorneys
  • Humane Society of US partnered with Michael Vick
    • Controversial
    • Important ambassador for HSUS because he is a role model
  • “To help more dogs than I hurt”
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4
Q

criminal liability

A

To be convicted of a crime, the state must show beyond a reasonable doubt that the Defendant:

  1. Performed an illegal act (actus reus) and…
  2. Had the required intent or state of mind (mens rea)

Without required intent = No conviction

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5
Q

corporate criminal liability

A
  • a corporation is a legal “person”
  • a corporation can be fined or denied legal privileges (license) for criminal activity
  • responsible corporate officers…
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6
Q

types of crimes:

violent crimes

A
  • Crimes against a person
    • Murder
    • Rape
    • Assault
    • Battery
  • Robbery
    • Aggravated robbery is with a deadly weapon
  • Degrees
    • Intent
    • Weapon
    • Level
    • Pain and suffering of the victim
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7
Q

types of crimes:

property crimes

A
  • Burglary
  • Larceny
  • Receiving stolen goods
  • Arson
  • Forgery
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8
Q

Julie is distressed about cats missing from Virginia larceny statute

A
  • Pets are considered chattel (property)
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9
Q

*white collar crimes *

A

nonviolent crimes involving a business transaction

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10
Q

types of crimes:

white collar crimes

A
  • Embezzlement
  • Mail and wire fraud
    • Usually an “add-on” charge
  • Bribery
    • First crime – person who makes the bribe
    • Second crime – person who takes the bribe
    • Foreign Corrupt Practices Act (FCPA)
      • Teeny-tiny exception: if you are doing business where small “bribes” are common practice
        • Cannot be major government official, only a ministerial position
        • (Okay for baksheesh, not reshua)
  • Theft of trade secrets – [not on exam]
  • Insider trading – [not on exam]
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11
Q

organized crime:

money laundering

A
  • Taking cash from an illegal source and making it look like it came from a lawful source
  • Doing some type of illegal business
  • Cash is bulky and suspicious
  • Transactions over $10,000 require tax form (IRS Form 8300)
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12
Q

Crazy Eddie - basic

A
  • Money laundering
  • 1980s - early 90s
  • Skimmed off millions from his company
  • To avoid taxes
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13
Q

Crazy Eddie - details

A
  • Strapped money to his body and put money in suitcases
    • Flight attendents thought he was disabled
  • Went to Israel and made several deposits (placement)
  • Israeli bank wired everything to Panama
    • Panama has very strict bank secrecy laws
  • From panama made transfers to off-shore accounts (layering)
  • From off-shore accounts, he sent the money back to legit Crazy Eddie business
  • Total of $8 million
  • Boosted the company IPO
  • $40 million windfall from IPO price boost
  • Sold his stock and was left with $30 million in profit
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14
Q

Crazy Eddie - ruling

A
  • Found in Israel in 1992, extradited to U.S.
  • Sentenced to 8 years in prison
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15
Q

organized crime:

mail fraud

A

???

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16
Q
  • defenses to criminal liability
A
  • Infancy (juvenile)
  • Involuntary intoxication
    • If a person was incapable of understanding act
  • Insanity [not on exam]
    • Defendant lacked substantial capacity to appreciate the wrongfulness of act or to conform act to law
  • Justifiable use of force
    • Use of deadly force if reasonable belief of imminent death or serious injury
    • Cannot use deadly force to protect property alone
  • Statute of limitations
  • Immunity/plea bargain
  • Others
17
Q

4th Amendment Protection

A
  • Search warrants and probable cause
  • Officer must have “probable cause”
    • Trustworthy evidence to convince a reasonable person
    • The warrant must be precise; no general warrants (“fishing expedition”)
  • Exceptions to warrant
18
Q

Search and seizure in business

A
  • Generally, government cannot enter business without a warrant
  • No warrant required for contaminated food or highly-regulated liquor or gun businesses; airport security
19
Q

5th Amendment Protection

A
  • Double jeopardy
    • Person cannot be retried for the same offense in the same court
    • What about state prosecution and federal prosecution?
    • What about civil action?
  • Self-incrimination
    • “right to remain silent” or not testify against yourself
    • Only applies to natural persons

TESTABLE – ignore note on slide!

20
Q

6th and 8th Amendments

A
  • Right to speedy trial
  • Jury trial
  • Public trial
  • Confront witnesses
  • Counsel
  • Prohibition on cruel and unusual punishment

NOT ON EXAM

21
Q

Exclusionary Rule

A

Evidence obtained in violation of constitutional procedures must be excluded

  • illegal evidence is “fruit of the poisonous tree”
  • deters police from misconduct
  • defense counsel will file motion to suppress evidence
22
Q

Miranda Rule

A
  • Miranda v. Arizona (1966)
  • Inform suspect of his rights when he is arrested
    • right to counsel
    • right to remain silent
    • other
  • prosecution must show that suspect knowingly, intelligently, and voluntarily waived Miranda rights
  • Arizona supreme court ruled that his rights had not been violated, but US Supreme Court reversed their decision
23
Q

Criminal Process

A
  1. Arrest
  2. Indictment (or information)
  3. Trial
    • Burden of proof on prosecution
    • Defendant does not have to prove anything
    • Must prove beyond a reasonable doubt
    • Not guilty does not equal innocent

BULE 302 - Exam 4 (3 decks)

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