LEGL 2700 Chapter 13 Flashcards
what is a crime?
wrong against society
what is the process of criminal law?
- crime reported
- investigation
- arrest
- charges made by government
- arraignment
what are the elements of a crime?
mens rea and actus reus
what does mens real mean?
“a guilty mind”
what does actus reus mean?
“a guilty act”
what does general intent mean?
intentional to do the act that constitutes the crime
what does specific intent mean?
intention to achieve the harmful result
what are the classifications of crime?
felony and misdemeanor
in a felony case, who are you indicted by?
the grand jury
in a misdemeanor case, who charges you?
government
For a felony, how long can your sentence in prison be?
more than a year
For a misdemeanor, how long can your sentence in prison be?
less than a year
what are the pleas?
not guilty, guilty and Nolo Contendere
what does Nolo Contendere mean?
no contest
what happens when you plea nolo contendere?
you enter a guilty plea and are immediately sentenced, the plea cannot be used against you in a civil matter
what is a white collar crime?
any illegal offense that occurs in a business or professional setting that is committed to harm the business or for personal gains
true or false? when corporations are charged with a crime corporate officers can also be charged criminally.
true
what is larceny?
unlawful taking of personal property with the intent to deprive the rightful owner of it permanently
what are the 3 subtypes of larceny?
robbery, burglary and embezzlement
what is robbery?
property is taken by force or threat
what is burglary?
the breaking and entering of a premises with the intent to commit larceny
what is embezzlement?
trusted person takes money from a company or organization
what is conspiracy?
two or more individuals knowingly agree on a plan or scheme or method for carrying out an illegal act
what is required to be charged with conspiracy?
overt act
what is fraud?
the defendant made a false statement, knew the statement was false or recklessly indifferent regarding its truth and intended for the other party to rely on the false statement
what is mail and wire fraud?
unlawful to use the US postal service or electronic means on interstate communication to defraud someone
what does false mean in fraud?
known to be untrue or made with reckless indifference to its truth of falsity
what does defraud mean?
the material fact is vital to a reasonable person in determining whether to engage in a particular transaction
what does intent mean?
to act knowingly and with the specific intent to defraud someone
what made securities fraud a federal crime?
section 10b of the securities exchange act of 1934
what is health care fraud?
prosecution of false claims made to the federal government under the False Claims Act
what is an example of health care fraud?
billing for unperformed services
what is obstruction of justice?
commission of an act with the intent to obstruct legislative or judicial process
what are laws designed to protect the integrity of?
legislative and judicial proceedings and proceedings before federal departments or agencies
what is an example of obstruction of justice?
destroying evidence or lying to officials
what is false statement to a federal agency?
false statement must be related to a material matter and defendant must act willfully and with knowledge of falsity
what is exculpatory no?
exception that protected an individual when the person’s statement denies criminal wrongdoing
when was exculpatory no overruled?
in 1998 (Brogan v US, 118 US 805)
what is racketeer influenced and corrupt organizations act (RICO)?
imposes criminal and civil liability on businesspersons who engage in prohibited activities and interstate commerce
what is included in RICO?
proof of pattern of racketeering activity or collection of an unlawful debt
what is racketeering?
any act of threat involving specified state law crimes and federal offenses
what is cyber crime?
person who intentionally accesses a computer without authorization or exceeds authorized access to obtain classified, restricted or protected data and is subject to criminal prosecution
what is electronic theft?
hackers steal money, trade secrets, personnel records and customer lists
what is identity theft?
using access information to commit
what is endangering workers?
occupational safety and health act of 1970 imposes criminal sanctions for
what does OSHA impose criminal sanctions for endangering workers?
willfully violating an OSHA standard that causes the death of an employee, giving advanced notice of an OSHA inspection, and falsification of documents filed under OSHA
what is a kickback?
payments made to a person who facilitated a transaction
True or false? accepting a bribery to “fix” or “throw” a game is a federal crime
true
