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Definition
| Violation of a statute for which the government imposes punishment |
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Term
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Definition
| MAIN REASON IS TO PUNISH OFFENDER. Cant do it again and harm people, Rehabilitation. Inhibit personal retribution by victim. |
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Term
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Definition
| MAIN REASON IS TO PUNISH OFFENDER. Cant do it again and harm people, Rehabilitation. Inhibit personal retribution by victim. |
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Term
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Definition
| Serious Crimes. traditional definition: punishable by imprisonment for more than one year |
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Term
| Misdemeanors (Mala Prohibita) |
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Definition
| Punishable by one year or less in prison. Burglary and Robbery are felonies not misdemeanors |
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Term
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Definition
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Term
| Criminal Intent-Mens Rea (Guilty Mind) |
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Definition
| Specific intent: Designates special mental element above and beyond mental state required for Actus Reus of Crime |
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Term
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Definition
| Intent to do what Law prohibits, no requirement of intent to do precise harm or precise result |
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Term
| Hierarchy of Mens Rea or Intent: |
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Definition
Negligence
Criminal Negligence, Gross negligence, recklessness
General Intent
Specific Intent (highest) |
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Term
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Definition
| Statutory Rape, Environmental Laws |
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Term
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Definition
| Probable cause for warrant. Prob cause: Substantial likelihood Defendant either committed or will commit crime |
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Term
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Definition
| Admin procedure for recording arrest, etc... |
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Term
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Definition
| Defendant's entry of Plea before judge: Guilty, not guilty, Nolo Contendere |
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Term
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Definition
| Agree to imposition of penalty but you don't admit guilt(old plea of nobility). Cannot be used as evidence of liability in civil trial. Government can accept nolo contendere or require plea of guilty or not guilty |
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Term
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Definition
| Descended from medieval right to trial by combat. Different from Civil law inquisition. Jury must be unanimous for verdict: Guilty or Not Guilty. No one is ever innocent |
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Term
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Definition
| Converting proceeds of crime into apparently legitimate funds or property. Money laundering act prohibits this. Penalties greater of $500K plus up to twenty years |
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Term
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Definition
1. Taking of Personal Property 2. From another person 3. through use of fear or force
No fear or use of force, no robbery.
Aggravated Robbery: Robbery with a deadly weapon. |
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Term
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Definition
1. Unauthorized entry into a building 2. with the intent to commit a felony.
Aggravated or armed burglary carries stiffer penalties. |
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Term
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Definition
1. Wrongful or Fraudulent taking 2. of another person's personal property.
Grand or Petit Larceny depending on value of property taken. |
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Term
| Receiving Stolen Property |
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Definition
| 1. Knowingly Receive Stolen property 2. With intent to Deprive rightful owner of the prop |
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Term
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Definition
1.Malicious or Wilful 2. Burning of a building
Most insurance policies exclude arson. Can be by owner of property for insurance proceeds. |
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Term
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Definition
1. Written Document 2. Fraudulently made or altered 3. Affecting the Legal Liability of another person
Requires fraudulent Intent |
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Term
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Definition
1. Obtaining property from another person 2. With consent induced by wrongful use of actual or threatened force, fear, or violence.
Blackmail if by private person
Truth or Falsity of Info no matter.
Extortion by public official is "extortion under color of official light" |
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Term
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Definition
| Many states: misappropriation and use of credit card as seperate crime. Other states: its forgery. |
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Term
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Definition
Civil False Claims act Dates from 1863.
Treble damages plus up to $10K per false claim.
Ban on ever doing business with government ever again.
Greatest number involve hospitals, medicare, etc... |
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Term
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Definition
| Crimes by businesspeople, usually involve deceit more than physical force |
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Term
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Definition
Statutory Crime unknown at common law
1.Fraudulent conversion of property
2.By person to whom property was entrusted
Typically by employees, accountants, lawyers, etc... |
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Term
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Definition
1. Obtaining Title to property
2. Through deception or trickery |
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Term
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Definition
| Use of mail or telephones, telegraphs, and internet, respectively, to perpetrate fraud. Gofernment often uses if insufficient into to Prosecute for other crimes. Max Penalty 20 years. Identity theft and assumption deterrence act of 1998. |
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Term
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Definition
| Involves kickbacks, payoffs for favors, done to influence the devision of a public official or private person in a corrupt manner. |
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Term
| Foreign Corrupt Practices Act |
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Definition
1. Must install internal accounting controls on all foreign transactions.
2. Illegal to bribe foreign official.
One more law that puts american businesses at disadvantage. |
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Term
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Definition
| Incomplete Crimes and Crimes in which nonparticipants can be punished |
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Term
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Definition
1. 2 or more persons
2. Make an agreement
3. To commit a crime
4. And one overt act in furtherance of the crime
Comission of crime itself is not required
Government often brings conspiracy charges if Defendant's have been thwarted or insufficient evidence to prove crime itself. |
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Term
| Attempt to commit a crime |
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Definition
1. Intent
2. Overt act taken toward commission of crime
3. Failure of consummation
4. Apparent possibility of commission |
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Term
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Definition
| Harboring a criminal after commission |
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Term
| 4th amendment searches and seizures |
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Definition
Protects against unreasonable searches and seizures by government.
Warrantless searches are ok where:
1.incident to arrest
2. Evidence in plain view, or
3. Likely evidence will be destroyed |
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Term
| Searches of Business Premises |
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Definition
Normally need warrant, some activities like firearms, liquor, coal mines, etc are warrantless
Ok if statutory procedures are met |
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Term
| 5th amendment priv against self incrimination |
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Definition
| Only applies to natural persons. Corps, etc cannot "take the 5th". Therefore Business records are discoverable (but some private papers like diaries are not). |
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Term
| Immunity from Prosecution |
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Definition
Deal to get witness to testify against bigger fish
Partial immunity, maybe part of a plea bargain. |
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Term
| Double jeopardy clause 5th amendment |
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Definition
| Accused cannot be tried twice for the same crime. But if tried by state can still be tried by feds or different state if applicable |
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Term
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Definition
1. Right to trial by impartial jury in state or district
2. Right to confront Witnesses
3. Right to counsel
4. Right to speedy trial |
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Term
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Definition
| No cruel and unusual punishment |
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