Criminal law Flashcards

1
Q

Genocide

A

to destroy in part or whole a national, ethnic, racial or religious group by killing member or causing serious bodily harm intentionally inflicting poor conditions of life, forced transfers, or measures intended to prevent birth.

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2
Q

Crimes Against Humanity

A

Murder, extermination, enslavement, deportation, imprisonment or deprivation of physical liberties, violation of fundamental international law, torture, sexual violence, forced disappearace, prosecution of any identifiable group or similar inhumane acts

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3
Q

War Crimes

A

murder, poor treatment of pows, slave labor, torture

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4
Q

Command Responsibility

A

Defense used to place blame on the highest chain of command. (Soldier was only following orders from commander)

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5
Q

Money Laundering
Three Stages

A

Placement, Layering. Integration

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6
Q

Smurfing

A

Multiple “smurfs” deposit small amounts of money into different banks but the same account.

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7
Q

Types of people who launder money

A

People who got A LOT through illegal business (drug cartels, trafficking, etc.)

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8
Q

Shell companies

A

Real legal companies that have no assets or business.

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9
Q

Jurisdiction

A

Either the state becomes a party to the statue (either the accused or the victim) or a non party state accepts the court’s jurisdiction to investigate the crime. Although, the ladder is rare as states don’t appreciate the interference of the ICC.

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10
Q

Complementarianism

A

“Complementarianism is a theological view in some denominations of Christianity, Rabbinic Judaism, and Islam, that men and women have different but complementary roles and responsibilities in marriage, family life, and religious leadership. Complementary and its cognates are currently used to denote this view.”

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11
Q

Signatory

A

Someone who agrees onto the statue (ie: Rome statute signatory)

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12
Q

Rome Statute

A

The rome statute was the law and standards set in place for the ICC. Determines the role and capacities of the court and those that work at the ICC. Additionally, states ICC jurisdiction and the requirements for different crimes and defenses to be utilized during trial.

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13
Q

ICC v. ICJ (International Court of Justice) -

A

They are both international organizations. However, ICC is for convicting an individual, while ICJ is for a groups, such as nations

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14
Q

How to find embezzlement:

A

Customer complaints, access to accounts, spending by defendants, falsified wires, etc…

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14
Q

Foreclosure Rescue

A

Scheme where an individual asks someone with a good credit score to take out a loan to rescue a family that’s house is under risk of foreclosure. The schemer will use the loan money to pay off the mortgage and then pocket the rest. In the end the house would go back on foreclosure as the mortgage is only typically paid once and the person who participated by taking out the loan has their credit score destroyed.

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15
Q

Nuremberg

A

Trials that occurred in the aftermath of the Holocaust and aimed to bring retribution and deterrence for the actions committed during the genocide.

16
Q

Crimes at Nuremberg

A

Crimes against peace, crimes against humanity, and war crimes. (Genocide was insituted later, as a result of the Holocaust.

17
Q

ICTY

A

Was established to prosecute those in kahoots with the war crimes committed in former Yugoslavia during the war. Most importantly, by holding individuals accountable regardless of their position, the ICTY’s work has dismantled the tradition of impunity for war crimes and other serious violations of international law. This included head of state, prime ministers, etc etc

18
Q

ICTR

A

Rwanda tribunals were a result of the Rwanda genocide, which took place due to the preparation of superiority ideologies encouraged by colonizers. Tensions had started to arise between the Hutu and Tutsi, which ultimately led to the genocide which occured over 100 days. Ultimately, international court would take too long due to the amount of suspects so the Rwandan government hosted an amakuru, where they tried individuals in a quick trial without utilizing documents, but witness testimonies.

19
Q

Embezzlement

A

Theft or misappropriation of funds placed in one’s trusts or belonging to one’s employers

20
Q

Types of white collar crime

A

Fraud, identity theft, money laundering, embezzling, sanctions violations, books and records violations, tax fraud, bribery, etc..

20
Q

How to combat embezzlement:

A

Require separate signatures for large dollar amounts, monitor accounts for abnormal behavior, background checks, process to review customer complaints, etc…

21
Q

Superior Orders

A

A defense which means that someone only committed a crime because someone in a higher position told them to

22
Q

Duress

A

Committing a crime because they have no other choice / out of dire circumstances

23
Q

Self Defense

A

Committing a crime to defend yourself or someone else

24
Q

Lack of Mens Rea

A

Doing something without intention or realization of what you’re doing / hard to determine reasoning behind crime committed