N Chapter 8 Criminal Liability Flashcards
Crime
A wrong against society, defined in a statute, and punishable by fines, imprisonment, or – in rare cases – death
Requisites
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.
mens rea
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.
Burden of Proof
beyond a reasonable doubt. BARD (97% +)
By contrast, a civil plaintiff preponderance of the evidence (51%)
CORPORATE CRIMINAL LIABILITY
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.”
Larceny
Wrongfully taking and carrying away another person’s personal property with the intent to permanently deprive the owner of the property.
Grand Larceny
What taken is valued at $ 1,000 or more
Petit ( Petty ) Larceny
What taken is valued at less than $ 1,000
Larceny by Trick
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.
False Pretenses
Similar to Larceny by Trick except you use fraud to get title so you can defraud. Ex: obtaining cash or check through fraud.
Robbery
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”
Aggravated Robbery
robbery with the use of a deadly weapon – is the most serious form of theft.
Burglary
Unlawful entry into a building with the intent to commit a felony (or, in some states, the intent merely to commit any crime).
Aggravated Burglary
occurs when a deadly weapon is used or when the building entered is a dwelling.
Receiving Stolen Goods
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.
Arson
Willfully and maliciously burning a building (and, in some states, personal property) owned by another.
Arson for Profit
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.
Forgery
Fraudulently making or altering a writing (e.g., a check) in a way that changes the legal rights or obligations of another.
Embezzlement
Fraudulent appropriation of money or other property by a person to whom the handling of the money or property has been entrusted. “trust larceny”
Mail Fraud
Use mail to defraud another
Wire Fraud
It is also a federal crime to defraud the public through the use of telephone, fax, radio, or television.
Bribery
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.
Insider Trading
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.
Money Laundering
Falsely reporting income that has been obtained through criminal activity as income obtained through a legitimate business enterprise.
RICO
Racketeer Influenced and Corrupt Organizations Act
RICO
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.
Felony
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
Misdemeanor
A lesser crime – such as disorderly conduct, trespass, or petty theft – punishable by a fine or imprisonment for up to one year.
Petty Offense
A subset of misdemeanors comprised of the least serious criminal offenses, such as traffic violations and jaywalking.
Justifiable Use of Force/Self-Defense
The privilege to take reasonably necessary steps to protect one’s self, another person, or one’s property against injury by a third party.
Necessity
The accused claims that the criminal act he committed was necessary in order to prevent or avoid a greater wrong.
Insanity/Lack of Capacity
Because he lacked sufficient mental capacity, the accused was unable to form the requisite mental state.
Mistake of Law
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.
Mistake of Fact
The accused may not be criminally liable if she made a mistake of fact such that she could not form the requisite mental state.
Duress
Unlawful pressure brought to bear on the accused, causing her to act in a way that she would not have otherwise acted
Entrapment
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.
Statute of Limitations
Most criminal prosecutions (murder is generally an exception) must be brought within a specified period of years after the crime
Immunity
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.
4Th Amendment
unreasonable search and seizure/ need probable cause to issue search or arrest warrant.
5Th Amendment
due process of law/ no double jeopardy/ no self-incrimination
6th Amendment
speedy, jury, public trial / right to confront witnesses and to counsel
8th Amendment
.vs excessive bail and fines / vs cruel and unusual punishment
The Exclusionary Rule
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.
The Miranda Rule
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.
Arrest
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.
Indictment/Information
Before they may be brought to trial, individuals must be formally charged with one or more specific crimes.
Grand Jury Indictment
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.
Trial
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
Cyber Crime
Any act directed against computers or that uses computers as an instrument of a crime.
