Criminal Law and Cyber Crime Flashcards
The standard of proof used in criminal cases.
Beyond Reasonable Doubt
The two elements that normally must exist before a person I held liable for a crime…
- The performance of a prohibited act.
- A specified state of mind or intent on the part of the actor.
There must be a concurrence.
These two acts must occur together.
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.
Actus Reus
The wrongful mental state (“guilty mind”), or intent, that is one of the key requirements to establish criminal liability for an act.
Mens Rea
A wrong against society proclaimed in a statute and, if committed, punishable by society through fines, imprisonment, or death.
Crime
Criminal Negligence
- “should have been aware of it”
- involuntary manslaughter
.
Responsible corporate officer doctrine a court may impose criminal liability on a corporate officer regardless of whether she or he participated in, directed, or even know about a given criminal violation.
.
No violent crime committed by individuals or corporations to obtain a personal or business advantage.
White-Collar Crime
The fraudulent appropriation of funds or other property by a person who was entrusted with the funds or property.
Embezzlement.
The purchase or sale of securities on the basis of inside information (information that has not been made available to the public)
Martha Stewart
Insider Trading
Th burden of proof in a criminal case is…
Beyond Reasonable Doubt
Actus Reus - Act
.
Mens Rea - Intent
.
An order granted by a public authority, such as a judge, that authorizes law enforcement personnel to search particular premises or property.
Search Warrant
Reasonable grounds for believing that a search should be conducted or that a person should be arrested.
Probable Cause
