N Chapter 8 Criminal Liability

Question 1

Crime

Answer 1

A wrong against society, defined in a statute, and punishable by fines, imprisonment, or – in rare cases – death

Question 2

Requisites

Answer 2

A person may not be criminally liable unless she

(1) performed some prohibited act (or failed to perform some legally required act) Actus Reus
(2) with a specified state of mind or intent.

Question 3

mens rea

Answer 3

The mental state required varies from crime to crime; however, absent the requisite mens rea, there can be no criminal liability, even for what may seem to be the most heinous acts.

Question 4

Burden of Proof

Answer 4

beyond a reasonable doubt. BARD (97% +)

By contrast, a civil plaintiff preponderance of the evidence (51%)

Question 5

CORPORATE CRIMINAL LIABILITY

Answer 5

A corporation may be criminally liable if:

(1) an agent or employee of the corporation (a) commits a criminal act within the scope of her employment and (b) the criminal act violates a statute whose purpose is to impose liability on the corporation; or
(2) the crime consists of a failure to perform a specific duty imposed on the corporation by law; or
(3) the crime was authorized, requested, commanded, committed, or recklessly tolerated by a “high managerial agent.”

Question 6

Larceny

Answer 6

Wrongfully taking and carrying away another person’s personal property with the intent to permanently deprive the owner of the property.

Question 7

Grand Larceny

Answer 7

What taken is valued at $ 1,000 or more

Question 8

Petit ( Petty ) Larceny

Answer 8

What taken is valued at less than $ 1,000

Question 9

Larceny by Trick

Answer 9

Take using tricks or deception ( con job ) whereby the victim actually gave you the item voluntarily because he or she was fooled. Ex: A tells B that A is a computer repairman and B gives A the computer and A takes it away for good. Basically using fraud to obtain temporary possession so you can permanently deprive.

Question 10

False Pretenses

Answer 10

Similar to Larceny by Trick except you use fraud to get title so you can defraud. Ex: obtaining cash or check through fraud.

Question 11

Robbery

Answer 11

Forcefully and unlawfully taking personal property of any value from another; force or threat of force is typically required for an act of theft to be treated as robbery. “Larceny by force”

Question 12

Aggravated Robbery

Answer 12

robbery with the use of a deadly weapon – is the most serious form of theft.

Question 13

Burglary

Answer 13

Unlawful entry into a building with the intent to commit a felony (or, in some states, the intent merely to commit any crime).

Question 14

Aggravated Burglary

Answer 14

occurs when a deadly weapon is used or when the building entered is a dwelling.

Question 15

Receiving Stolen Goods

Answer 15

Not only is theft a crime (e.g., robbery, burglary, larceny), it is also a crime to receive goods one knows or has reason to know are stolen.

Question 16

Arson

Answer 16

Willfully and maliciously burning a building (and, in some states, personal property) owned by another.

Question 17

Arson for Profit

Answer 17

Every state has a special statute that prohibits burning one’s own building or other property in order to collect insurance benefits on the property.

Question 18

Forgery

Answer 18

Fraudulently making or altering a writing (e.g., a check) in a way that changes the legal rights or obligations of another.

Question 19

Embezzlement

Answer 19

Fraudulent appropriation of money or other property by a person to whom the handling of the money or property has been entrusted. “trust larceny”

Question 20

Mail Fraud

Answer 20

Use mail to defraud another

Question 21

Wire Fraud

Answer 21

It is also a federal crime to defraud the public through the use of telephone, fax, radio, or television.

Question 22

Bribery

Answer 22

Unlawfully offering, giving, receiving, or soliciting money or other thing of value in order to influence a public decision or action or to gain a personal or business advantage.

Question 23

Insider Trading

Answer 23

The purchase or sale of publicly-traded securities on the basis of information that has not been made available to the public (i.e., inside information) in violation of a duty owed to the company whose stock is being traded.

Question 24

Money Laundering

Answer 24

Falsely reporting income that has been obtained through criminal activity as income obtained through a legitimate business enterprise.

Question 25

RICO

Answer 25

Racketeer Influenced and Corrupt Organizations Act

Question 26

RICO

Answer 26

It is a federal crime to

(1) use any income obtained from racketeering activity to purchase any interest in an enterprise,
(2) acquire or maintain an interest in an enterprise through racketeering activity,
(3) conduct or participate in the affairs of an enterprise through racketeering activity, or
(4) conspire to do any of the foregoing.

Question 27

Felony

Answer 27

A crime – such as murder, rape, or robbery – that carries the most severe sanction, ranging from one or more years in prison to forfeiture of one’s life

Question 28

Misdemeanor

Answer 28

A lesser crime – such as disorderly conduct, trespass, or petty theft – punishable by a fine or imprisonment for up to one year.

Question 29

Petty Offense

Answer 29

A subset of misdemeanors comprised of the least serious criminal offenses, such as traffic violations and jaywalking.

Question 30

Justifiable Use of Force/Self-Defense

Answer 30

The privilege to take reasonably necessary steps to protect one’s self, another person, or one’s property against injury by a third party.

Question 31

Necessity

Answer 31

The accused claims that the criminal act he committed was necessary in order to prevent or avoid a greater wrong.

Question 32

Insanity/Lack of Capacity

Answer 32

Because he lacked sufficient mental capacity, the accused was unable to form the requisite mental state.

Question 33

Mistake of Law

Answer 33

While it is true that “ignorance of the law is no excuse,” a mistake of law is an excuse if

(1) the law at issue is not published or otherwise made reasonably known to the public, or
(2) the accused relied upon an official statement of the law that was incorrect.

Question 34

Mistake of Fact

Answer 34

The accused may not be criminally liable if she made a mistake of fact such that she could not form the requisite mental state.

Question 35

Duress

Answer 35

Unlawful pressure brought to bear on the accused, causing her to act in a way that she would not have otherwise acted

Question 36

Entrapment

Answer 36

The accused claims that she was induced by a public official – typically an undercover police officer – to commit a crime that she would not have otherwise.

Question 37

Statute of Limitations

Answer 37

Most criminal prosecutions (murder is generally an exception) must be brought within a specified period of years after the crime

Question 38

Immunity

Answer 38

In cases in which the state wishes to obtain information from a person accused of a crime, the state can grant immunity from prosecution or agree to prosecute only for a less serious offense in exchange for that information.

Question 39

4Th Amendment

Answer 39

unreasonable search and seizure/ need probable cause to issue search or arrest warrant.

Question 40

5Th Amendment

Answer 40

due process of law/ no double jeopardy/ no self-incrimination

Question 41

6th Amendment

Answer 41

speedy, jury, public trial / right to confront witnesses and to counsel

Question 42

8th Amendment

Answer 42

.vs excessive bail and fines / vs cruel and unusual punishment

Question 43

The Exclusionary Rule

Answer 43

Any evidence obtained in violation of the accused’s Fourth, Fifth, or Sixth Amendment rights, as well as any evidence derived from said illegally obtained evidence, is not admissible.

Question 44

The Miranda Rule

Answer 44

Subject to certain exceptions, an individual who is arrested must be informed of certain constitutional rights, including her right to remain silent (i.e., not to incriminate herself) and her right to counsel, and any statements she makes to the police prior to being informed of her rights is inadmissible against her.

Question 45

Arrest

Answer 45

A suspect’s arrest must be made based upon probable cause – a substantial likelihood that the person has committed or is about to commit a crime. Generally, arrest is pursuant to a warrant, but may be made without a warrant as long as probable cause exists.

Question 46

Indictment/Information

Answer 46

Before they may be brought to trial, individuals must be formally charged with one or more specific crimes.

Question 47

Grand Jury Indictment

Answer 47

A grand jury is a group of citizens called to decide, after hearing the state’s evidence, whether probable cause exists for believing that a crime has been committed and whether a trial ought to be held. An indictment is the formal charge issued by the grand jury against one or more persons.

Question 48

Trial

Answer 48

Once a criminal prosecution reaches trial, the state bears the burden of proving beyond a reasonable doubt that the accused is guilty of the crimes charged. The accused is not required to testify or to put on any evidence in her defense, although the accused is permitted to do so

Question 49

Cyber Crime

Answer 49

Any act directed against computers or that uses computers as an instrument of a crime.