Module 5 Criminal Law

Question 1

Crime

Answer 1

A crime is a breach of a public duty imposed by law

Question 2

White Collar Crime Penalty Act of 2002

Answer 2

• Reforms passed as a result of collapse of companies like Enron-longer sentences and higher fines for execs and companies

Question 3

Elements of a crime

Answer 3

• Mens rea:
o Mental act
o Intent

• Actus reus:
o Physical act
o Omission

Question 4

Criminal

Answer 4

• Intentional Act:

o Volitional act directed toward an illegal purpose

• Criminal Intent:

o Criminal negligence
o General intent
o Specific intent

Question 5

Types of Crime

Answer 5

• Treason:
o Crime against the nation state

• Felony:
o Serious crime punishable by imprisonment and sometimes death

• Misdemeanor:
o Less serious crime punishable by jail time less than one year and/or fines

• White collar crimes:
o Crimes that do not use or threaten to use force or violence or do not cause injury to persons or property

• Conspiracy:
o Agreement between two or more persons to commit an unlawful act

Question 6

Common Law Felonies

Answer 6

• MR MRS LAMB

o Murder
♣ Intent to kill

o Robbery
♣ Taking of personal property on the presence if a victim by the use of force or fear
• Ex: taking someone’s necklace off of their neck

o Manslaughter
♣ Unlawful killing that doesn’t involve malice aforethought

o Rape
♣ Forcing someone into unwilling sexual acts

o Sodomy
♣ bestiality

o Larceny
♣ Wrongful taking of another person’s property with fraudulent intent
• Ex: shoplifting

o Arson
♣ Wilful burning of another’s dwelling
• Ex: burning someone’s home

o Mayhem
♣ Damage to property in the course of a riot/civil disorder.

o Burglary
Breaking and entering with intent to commit a felony.

Question 7

Miranda’s Rights

Answer 7

Warnings to prevent self-incrimination in a criminal matter