LEGL 2700 Chapter 13

Question 1

what is a crime?

Answer 1

wrong against society

Question 2

what is the process of criminal law?

Answer 2

1. crime reported
2. investigation
3. arrest
4. charges made by government
5. arraignment

Question 3

what are the elements of a crime?

Answer 3

mens rea and actus reus

Question 4

what does mens real mean?

Answer 4

“a guilty mind”

Question 5

what does actus reus mean?

Answer 5

“a guilty act”

Question 6

what does general intent mean?

Answer 6

intentional to do the act that constitutes the crime

Question 7

what does specific intent mean?

Answer 7

intention to achieve the harmful result

Question 8

what are the classifications of crime?

Answer 8

felony and misdemeanor

Question 9

in a felony case, who are you indicted by?

Answer 9

the grand jury

Question 10

in a misdemeanor case, who charges you?

Answer 10

government

Question 11

For a felony, how long can your sentence in prison be?

Answer 11

more than a year

Question 12

For a misdemeanor, how long can your sentence in prison be?

Answer 12

less than a year

Question 13

what are the pleas?

Answer 13

not guilty, guilty and Nolo Contendere

Question 14

what does Nolo Contendere mean?

Answer 14

no contest

Question 15

what happens when you plea nolo contendere?

Answer 15

you enter a guilty plea and are immediately sentenced, the plea cannot be used against you in a civil matter

Question 16

what is a white collar crime?

Answer 16

any illegal offense that occurs in a business or professional setting that is committed to harm the business or for personal gains

Question 17

true or false? when corporations are charged with a crime corporate officers can also be charged criminally.

Answer 17

true

Question 18

what is larceny?

Answer 18

unlawful taking of personal property with the intent to deprive the rightful owner of it permanently

Question 19

what are the 3 subtypes of larceny?

Answer 19

robbery, burglary and embezzlement

Question 20

what is robbery?

Answer 20

property is taken by force or threat

Question 21

what is burglary?

Answer 21

the breaking and entering of a premises with the intent to commit larceny

Question 22

what is embezzlement?

Answer 22

trusted person takes money from a company or organization

Question 23

what is conspiracy?

Answer 23

two or more individuals knowingly agree on a plan or scheme or method for carrying out an illegal act

Question 24

what is required to be charged with conspiracy?

Answer 24

overt act

Question 25

what is fraud?

Answer 25

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

Question 26

what is mail and wire fraud?

Answer 26

unlawful to use the US postal service or electronic means on interstate communication to defraud someone

Question 27

what does false mean in fraud?

Answer 27

known to be untrue or made with reckless indifference to its truth of falsity

Question 28

what does defraud mean?

Answer 28

the material fact is vital to a reasonable person in determining whether to engage in a particular transaction

Question 29

what does intent mean?

Answer 29

to act knowingly and with the specific intent to defraud someone

Question 30

what made securities fraud a federal crime?

Answer 30

section 10b of the securities exchange act of 1934

Question 31

what is health care fraud?

Answer 31

prosecution of false claims made to the federal government under the False Claims Act

Question 32

what is an example of health care fraud?

Answer 32

billing for unperformed services

Question 33

what is obstruction of justice?

Answer 33

commission of an act with the intent to obstruct legislative or judicial process

Question 34

what are laws designed to protect the integrity of?

Answer 34

legislative and judicial proceedings and proceedings before federal departments or agencies

Question 35

what is an example of obstruction of justice?

Answer 35

destroying evidence or lying to officials

Question 36

what is false statement to a federal agency?

Answer 36

false statement must be related to a material matter and defendant must act willfully and with knowledge of falsity

Question 37

what is exculpatory no?

Answer 37

exception that protected an individual when the person’s statement denies criminal wrongdoing

Question 38

when was exculpatory no overruled?

Answer 38

in 1998 (Brogan v US, 118 US 805)

Question 39

what is racketeer influenced and corrupt organizations act (RICO)?

Answer 39

imposes criminal and civil liability on businesspersons who engage in prohibited activities and interstate commerce

Question 40

what is included in RICO?

Answer 40

proof of pattern of racketeering activity or collection of an unlawful debt

Question 41

what is racketeering?

Answer 41

any act of threat involving specified state law crimes and federal offenses

Question 42

what is cyber crime?

Answer 42

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

Question 43

what is electronic theft?

Answer 43

hackers steal money, trade secrets, personnel records and customer lists

Question 44

what is identity theft?

Answer 44

using access information to commit

Question 45

what is endangering workers?

Answer 45

occupational safety and health act of 1970 imposes criminal sanctions for

Question 46

what does OSHA impose criminal sanctions for endangering workers?

Answer 46

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

Question 47

what is a kickback?

Answer 47

payments made to a person who facilitated a transaction

Question 48

True or false? accepting a bribery to “fix” or “throw” a game is a federal crime

Answer 48

true